The Law, Ethics and Body Donation: A Tale of Two Bequeathal Programs

• Published in: Anatomical sciences education 2020-07, Vol.13 (4), p.512-519
• Main Authors: Hutchinson, Erin F., Kramer, Beverley, Billings, Brendon K., Brits, Desiré M., Pather, Nalini
• Format: Article
• Language: English
• Subjects: anatomists; Anatomists - ethics; Anatomy; Anatomy & physiology; Anatomy - education; Australia; bequest program; Bequests; Blood & organ donations; body donation; Cadaver; cadaver acquisition; Cross-Cultural Comparison; Dissection - ethics; donor program; Donors; ethical practice; Ethics; ethics of body donation; Ethics, Professional; Foreign Countries; History, 20th Century; History, 21st Century; Human Body; Humans; Informed Consent; Laws; legislature; Medical education; South Africa; Tissue and Organ Procurement - ethics; Tissue and Organ Procurement - history; Tissue and Organ Procurement - legislation & jurisprudence
• ISSN: 1935-9772; 1935-9780
• DOI: 10.1002/ase.1922

Historically, legislature has been utilized to facilitate appropriate use of cadavers in the anatomical sciences. However, cadaver acquisition and use have also been guided by ethically appropriate and morally acceptable principles. Various global and regional frameworks of “ethical practice” guide body donation, including the use of unclaimed bodies by institutions. These frameworks are responsive to, and reciprocal with the various ethical, moral and legal factors that influence the development of body donation programs. This reciprocity supports the notion that anatomists and anatomical societies have a responsibility to advocate for legal reform when required. In this study, two body bequest programs from geopolitically and socially disparate countries are used as cases to contrast existing legal and governance frameworks for body donation and to examine whether anatomists can direct the acquisition of ethically donated cadavers. The study includes an Australian donor program that has exclusively accepted bequests since its inception, and a South African program that has recently transitioned to a bequest system. Elements such as consent by next‐of‐kin and Inspector of Anatomy, use of unclaimed bodies and ethics committee approval amongst others, are compared. It is acknowledged that legal frameworks for cadaver acquisition generally deliver broad guidance on acceptable utilization of bodies for the anatomical sciences. However, professional discretion is of importance in adapting to societal needs and values. Thus, while anatomists have been able to progress toward more ethical practice than that which is required by the law, they must continue to do so as societal values evolve.