The Legitimization of Fetal Tissue Transplantation Research under Roe v. Wade

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Authors
Gonzalez, Jose L.
Issue Date
2001
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Journal Article
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INTRODUCTION|Live, in-utero fetal research illustrates one of society's acceptable uses of human fetal tissue for therapeutic purposes. Through inutero fetal research, the application of novel surgical techniques and procedures has allowed physicians to correct various prenatal fetal disorders once thought inevitably debilitating and potentially fatal. By way of a benefits-to-risks balancing analysis, society has been willing to support the practice of live fetus research in-utero so long as it is for the welfare of the affected fetus. Similarly, under implicit government consent, research on tissue from spontaneously aborted, dead fetuses in the 1950s was instrumental in the development of the polio and rubella vaccines. Fetal tissue research can be categorized as research with fetal tissues to develop therapy (e.g., the development of the polio and rubella vaccines) and as transplantation research that uses fetal tissue as therapy. It is this latter use of fetal tissues for research purposes that is the focus of this paper...
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34 Creighton L. Rev. 895 (2000-2001)
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Creighton University School of Law
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