Gametes or organs? How should we legally classify ovaries used for transplantation in the U.S.

Abstract

Ovarian tissue transplantation is an experimental procedure that can be used to treat both infertility and premature menopause. Working within the current legal framework in the USA, I examine whether ovarian tissue should be legally treated like gametes or organs in the case of ovarian tissue transplantation between two women. One option is to base classification upon its intended use: ovarian tissue used to treat infertility would be classified like gametes, and ovarian tissue used to treat premature menopause would be classified like organs. In the end, however, I argue that this approach will not work because it engenders too many legal, cultural and logistical concerns and that, at least for the near future, we should treat ovarian tissue like gametes.

Campo-Engelstein, L. Journal of Medical Ethics. 37(3): 166-70, 2011 Jan 18. [Epub ahead of print] PMID: 21245477