In re X v [2003] JLR 111 (14 March 2003)

In re X v [2003] JLR 111 (14 March 2003)

A foetus is sui generis in law, incapable of forming the subject of a true property interest, but gamete providers have rights of possession and authority to decide on disposition, subject to legal and public decency limits.

Citation
[2003] JLR 111
Parties
Applicant: X
Jurisdiction
Jersey
Judgment Date
14 March 2003
Procedural Posture
Family Law / Judgment
Outcome
clarification granted
Legal Topics
Legal Status of Foetus, Property Rights in Human Tissue, Authority of Gamete Providers
Family Law Legal Status of Foetus Property Rights in Human Tissue Authority of Gamete Providers

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Parties

X

Applicant

Procedural Posture

Family Law / Judgment

Legal Issues

  1. 1 What is the legal status of a foetus?
  2. 2 Do gamete providers have property rights over foetal tissue?
  3. 3 Can gamete providers consent to release of tissue from an aborted foetus to police?

Ratio Decidendi

A foetus is sui generis in law, incapable of forming the subject of a true property interest, but gamete providers have rights of possession and authority to decide on disposition, subject to legal and public decency limits.

Court Disposition

clarification granted

Orders

  • Gamete providers may consent to release of tissue from an aborted foetus to the police, subject to legal and public decency limits.