'The good that is interred in their bones': Are there property rights in the child?

Medical Law Review

Volumn 19, Issue 3, 2011, Pages 372-400

  Lyons, Barry ^a  

^a UNIVERSITY OF MANCHESTER   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

ARTICLE; BONE MARROW TRANSPLANTATION; HUMAN; LEGAL ASPECT; ORGANIZATION AND MANAGEMENT; PARENTAL CONSENT; PRESCHOOL CHILD; UNITED KINGDOM;

BONE MARROW TRANSPLANTATION; CHILD, PRESCHOOL; GREAT BRITAIN; HUMANS; OWNERSHIP; PARENTAL CONSENT;

EID: 80051962223     PISSN: 09670742     EISSN: 14643790     Source Type: Journal    
DOI: 10.1093/medlaw/fwr014     Document Type: Article

References (204)

1. T Aquinas, Summa Theologica (Benzinger Brothers, New York 1947) Q57, Art 4, Reply to Objection 1.
2. J Simpson and E Weiner, Oxford English Dictionary (2nd edn Clarendon Press, Oxford 1989).
3. J Nedelsky, 'Property in Potential Life - A Relational Approach to Choosing Legal Categories' (1993) 6 Can J L Jurisprudence 343, 358.
4. Cited in JFA Murphy, 'Children's Rights - The Public Policy Challenge' (2010) 103 Irish Med J 4.
5. This claim is discussed later.
6. See for example E Butler-Sloss, 'Are We Failing the Family? Human Rights, Children and the Meaning of Family in the 21st Century. The Paul Sieghart Memorial Lecture, 2003' accessed 20 June 2010.
7. CL Betz, 'Children Are Not Property' (1995) 10 J Pediatr Nurs 1.
8. R Noggle, 'Special Agents: Children's Autonomy and Parental Authority' in D Archard and CM Macleod (eds), The Moral and Political Status of Children, (OUP, Oxford 2002).
9. RN Nwabueze, Biotechnology and the Challenge of Property: Property Rights in Dead Bodies, Body Parts, and Genetic Information (Ashgate, Aldershot 2007) 72.
10. H Reece, 'The Degradation of Parental Responsibility' in R Probert, S Gilmore and J Herring (eds), Responsible Parents and Parental Responsibility (Hart Publishing, Oxford 2009) 86-8.
11. Nedelsky (n 3).
12. J Montgomery, 'Children as Property?' (1988) 51 MLR 323.
13. Human Fertilisation and Embryology Authority, Preimplantation Tissue Typing (London 2004) para 26.
14. Department of Health, Seeking Consent: Working with Young People (London 2001) 25.
15. However, some commentators do not accept this position. For example, Ross' 'constrained parental autonomy' model argues that parents should be allowed to authorise a BM donation from one child to another because 'it serves family goals'. Authorisation should not be dependent on some concept such as the child's future consent or his coming to view the procedure as having been in his best interests. Instead, Ross contends, parents should be permitted to 'make decisions that go beyond the best interests of family members' as long as their basic needs are not sacrificed.
16. LF Ross, Children, Families and Healthcare Decision-Making (Oxford 1998) 30.
17. HTA, Code of Practice 6: Donation of Allogeneic Bone Marrow and Peripheral Blood Stem Cells for Transplantation (London 2009) ss 77-81.
18. Unlike children, where the potential donor is an adult lacking capacity to consent, the case must be referred to a court for a declaration that the proposed intervention is lawful.
19. Between September 2006 and March 2010, 258 children were approved as bone marrow or peripheral blood stem cell donors. Data supplied by the HTA on 12 August 2010.
20. R Brownsword, 'Happy Families, Consenting Couples, and Children with Dignity: Sex Selection and Saviour Siblings' (2005) 17 CFLQ 1, 4.
21. The screening process implemented by the HTA seemingly should guard against obviously egregious (not in the child's best interests) cases. The Code of Practice (n 10) specifically requires that assessors look for evidence of coercion or reward (ss 82-6), and that if there is any doubt about the procedure being in the donor's best interests then the matter must be referred to the courts (ss A8-A13). No cases have been referred thus far. This is interesting, given that international data indicate that many paediatric donors feel emotionally distressed related to their role as a donor, and also feel coerced to donate.
22. See AAP Committee on Bioethics, 'Children as Hematopoietic Stem Cell Donors' (2010) 125 Pediatrics 392, 395.
23. In addition, whether something turns out to be in an individual's best interests or not can only be known after the event. Yet, there is no requirement in either the Human Tissue Act 2004 or the Code of Practice that mandates the follow up of child donors.
24. Eekelaar divided arguments against the welfare principle into 'lack of transparency' and 'lack of fairness' objections.
25. J Eekelaar, 'Beyond the Welfare Principle' (2002) 14 CFLQ 237.
26. With regard to the latter, Reece argued for a framework which recognises that 'the child is merely one participant in a process in which the interests of all the participants count'.
27. H Reece, 'The Paramountcy Principle: Consensus or Construct?' (1996) 49 CLP 267.
28. S Elliston, The Best Interests of the Child in Healthcare (Routledge-Cavendish, London 2007).
29. This assumes that D not donating and S surviving is not a possibility. It also does not account for the possibility of D dying during the donating procedure, regardless of whether S survives or not. The risk of D dying is approximately 1:10,000; AAP Committee on Bioethics, (n 13). It is taken as self-evident that D dying would not be in his best interests.
30. s 3(1): 'all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property'.
31. In re K. D. (A Minor) (Ward: Termination of Access) [1988] AC 806 at 825.
32. R Smith, Values and Practice in Children's Services (Palgrave Macmillan, Basingstoke 2004) 25.
33. J Goldstein and others, The Best Interests of the Child (New York 1996) 87.
34. J Fortin, Children's Rights and the Developing Law (2nd edn CUP, Cambridge 2005) 9.
35. See also S Cretney, 'Privatising the Family: The Reform of Child Law' (1989) Denning LJ 15.
36. A Bainham, 'The Privatization of the Public Interest in Children' (1990) 53 MLR 206.
37. A. Bainham, 'The Children Act 1989 -Welfare and Non-Intervention' (1990) Fam Law 143.
38. Fortin (n 21).
39. Art 8.2: '.. except such as is in accordance with the law. in the interests of national security, public safety or the economic well being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.'.
40. Art 5.
41. M Freeman, 'Whose Life is it Anyway?' (2001) 9 Med LR 259.
42. An examination of paediatric end-of-life cases reveals one of the limits of parental rights. Where parents demand treatment for their critically-ill children which doctors consider futile, the courts generally have sided with medical opinion. However, in the more recent case of An NHS Trust v MB [2006] EWHC 507, Holman J steered a middle course between parental and medical wishes, allowing for the withholding but not the withdrawal of treatment.
43. Final Report of the Independent Review Group on Retention of Organs at Post-Mortem in Scotland, (2000) para 13. accessed 8 February 2011.
44. E Page, 'Parental Rights' (1984) 1 J Appl Phil 187, 196.
45. Page argues that parenthood evidently has a special value because (a) most people choose to do it, (b) it is an activity that is desired for its own sake. It is an end in itself, and (c) it 'is generally thought to enhance human life'. (at 197). He derives this special value of parenthood through an analogy with 'producers' rights' although he states that it would 'be absurd to argue that parental rights are simply a particular instance of producers' rights' (at 196).
46. Brownsword (n 12).
47. The Theft Act 1968, s 2 states that: 'A person's appropriation of property belonging to another is not to be regarded as dishonest- (a) if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or (b) if he appropriates the property in the belief that he would have the other's consent if the other knew of the appropriation and the circumstances of it.' The case of parents as trustees will be dealt with later.
48. M Brazier, 'Human(s) (as) Medicine(s)' in SAM McLean (ed), First Do No Harm: Law, Ethics and Healthcare (Ashgate, Aldershot 2006) 187.
49. S v S [1970] 3 WLR 366.
50. Brazier (n 35) 200.
51. In Green v Commissioner, 74 TC 1229 (1980), the court determined that Margaret Cramer Green, who had a rare blood type (AB negative), earned her living from selling this product (95 sales in 1977). That this was taxable income was not in dispute. What the court determined was that her high protein diet (which was needed to rapidly replenish her stock of red blood cells) was a deductible expense, as were her travel costs, because uniquely the 'petitioner was the container in which her product was transported to market' (at 1238).
52. For a full discussion on the nature of property see Nwabueze (n 6) Ch 1.
53. SR Munzer, A Theory of Property (CUP, New York 1990).
54. SR Munzer, 'The Special Case of Property Rights in Umbilical Cord Blood for Transplantation' (1999) 51 Rutgers L R 493.
55. G Kolata, 'Who Owns Your Genes?' New York Times (15 May 2000) A1: in the 1980s, two men who had repeated unprotected sex with HIV positive partners did not contract the virus
56. Both donated tissue to a research centre which discovered that they had a genetic capability to block the virus from entering cells. The researchers patented the discovery, excluding the donors. The most celebrated example of third party financial gain from the donations of a non-beneficiary is the case of John Moore. In 1990, the Mo cell line extracted from Moore's tissue was estimated to be worth approximately $3bn.
57. See 'Spleen-rights' The Economist (11 August 1990) 38.
58. Family members may derive non-financial (psychological/emotional) benefits from donating BM to a sick relative. However, a recent case in the United States gives some indication of the commercial value of BM. David Deier, who needed a BM transplant, allegedly gave $37,500 to his brother Michael, a perfect match, as a 'loan' prior to donating. However, after receiving the money, Michael reportedly did not keep his end of the bargain. A third brother ultimately provided the required tissue. In September 2009, David filed a lawsuit in Hillsborough County Circuit Court, Florida, seeking the return of his money.
59. K Graham, 'Brother took money for bonemarrow donation then reneged, lawsuit claims' St Petersburg Times (5 September 2009) accessed 6 September 2009.
60. Recipient of bone marrow.
61. Montgomery (n 7) 340.
62. HTA (n 10) para 78.
63. R Dingwall, J Eekelaar, and T Murray, The Protection of Children: State Intervention in Family Life (2nd edn Avebury, Aldershot 1995).
64. M Bryan, 'Parents as Fiduciaries: A Special Place in Equity' (1995) 3 Int J Child Rights 227.
65. ES Scott and RE Scott, 'Parents As Fiduciaries' (1995) 81 Virginia L R 2401.
66. CK Beck and others, 'Rights of Children: A Trust Model' (1977-1978) 46 Fordham Law Rev 669.
67. BB Woodhouse, 'Of Babies, Bonding, and Burning Buildings: Discerning Parenthood in Irrational Action' (1995) 81 Virginia L R 2493.
68. MA Fineman, The Autonomy Myth: A Theory of Dependency (New Press, New York 2004) 301-5.
69. Scott and Scott (n 47) 2402.
70. Woodhouse (n 47) 2500.
71. P Laslett (ed) and J Locke, Two Treatises on Government (2nd edn CUP, New York 1967).
72. Probert, Gilmore and Herring (n 6) 13.
73. CA, s 31.
74. One-fifth of English children are obese. NHS, Statistics on Obesity, Physical Activity and Diet (2009) accessed 10 June 2010.
75. BBC News, 'Smokers Make Their Children Ill' (8 March 2008) accessed 9 March 2008.
76. R Nozick, Anarchy, State and Utopia (Blackwell, Oxford 1980) 288-9.
77. However, fiduciary analysis has been used by adult survivors of incest in civil litigation in Canadian and US courts. See Bryan (n 47).
78. R v Kelly and Lindsay [1999] QB 621 at 630, per Rose LJ.
79. (1613) 12 Coke Reports 113. The relevant part of the judgment stated that 'a dead body being but a lump of earth hath no capacity' to own property.
80. K Mason and G Laurie, 'Consent or Property? Dealing with the Body and Its Parts in the Shadow of Bristol and Alder Hey' (2001) 64 MLR 710.
81. R v Kelly at 630.
82. (1857) Dears & B 160 at 163.
83. See for example R v Lynn (1788) 2 T R 394; Foster v Dodd (1866) LQ 1 QB 475, (1867) LR 3 QB 67; R v Price (1884) 12 QBD 247;Williams vWilliams (1882) 20 Ch D 659.
84. R Taylor, 'Human Property: Threat or Saviour?' (2002) 9 Murdoch U E J Law. accessed 17 January 2010.
85. M Pawlowski, 'Property in Body Parts and Products of the Human Body' (2009) 30 Liverpool Law Review 35, 40.
86. [1997] 1 WLR. 596.
87. s 32.9(c). The Human Tissue Act 2004 prohibits any commercial dealing (s 32.1) or advertisement of such activity (s 32.2) with respect to material which '(a) consists of or includes human cells, (b) is, or is intended to be removed, from a human body, (c) is intended to be used for the purpose of transplantation'. (s 32.8). Exempt from this proscription are '(a) gametes, (b) embryos, and (c) material which is the subject of property because of an application of human skill' (s 32.9).
88. [1908] 6 CLR 406.
89. [2005] QB 506.
90. At 621.
91. J Herring and PL Chau, 'My Body, your Body, our Bodies' (2007) 15 Med Law Rev 34, 36.
92. R v Rothery [1976] RTR 550. In the United States, blood has been accorded the status of commodity. In Green v Commissioner 74 TC 1229 (1980), the court found that the income Margaret Green earned from repeatedly selling her rare blood type to be taxable.
93. R v Welsh [1974] RTR 478.
94. Herring and Chau (n 74).
95. Human Tissue Act 2004, s 32; Council of Europe's Convention on Human Rights and Biomedicine, s 21; Trillium Gift of Life Network Act 1990, s 10; Uniform Anatomical Gift Act 2007, s 16
96. An analysis of this debate is beyond the scope of this paper. There are a number of excellent books outlining the positions: Nwabueze (n 6).
97. R Hardcastle, Law and the Human Body: Property Rights, Ownership and Control (Hart Publishing, Oxford 2009).
98. ER Gold, Body Parts: Property Rights and the Ownership of Human Biological Materials (Georgetown University Press, Washington, DC 1996).
99. C Fabre, Whose Body is it Anyway?: Justice and the Integrity of the Person (OUP, Oxford 2006).
100. L Andrews and D Nelkin, 'Whose Body Is It Anyway? Disputes over Body Tissue in a Biotechnology Age' (1998) 351 Lancet 53.
101. M Quigley, 'Property and the Body: Applying Honore' (2007) 33 J Med Ethics 631.
102. CA Erin and J Harris, 'An Ethical Market in Human Organs' (2003) 29 J Med Ethics 137.
103. JS Taylor, 'Autonomy and Organ Sales, Revisited' (2009) 34 J Med Philos 632.
104. N Scheper-Hughes, 'Rotten Trade: Millennial Capitalism, Human Values and Global Justice in Organs Trafficking' (2003) 2 J Hum Rights 197.
105. D Joralemon and P Cox, 'Body Values: The Case against Compensating for Transplant Organs' (2003) 33 Hastings Cent Rep 27.
106. MJ Radin, 'Market-Inalienability' (1987) 100 Harv Law Rev 1849.
107. Jonathan Yearworth and Others v North Bristol NHS Trust [2009] EWCA Civ 37.
108. M Quigley, 'Property: The Future of Human Tissue?' (2009) 17 Med Law Rev 457.
109. RN Nwabueze, 'Death of the "No-Property" Rule for Sperm Samples' (2010) 21 King's L J 561, 568.
110. [2003] JCA 050.
111. 744 A.2d 699 (1997).
112. 264 F. Supp. 2d 1064-Dist. Court, SD Florida, Miami Div. 2003.
113. At 65.
114. [2004] 2 FLR 365.
115. At 404.
116. At 397.
117. At 630.
118. Brownsword (n 12).
119. R v Cambridge Health Authority ex parte B [1995] 1 WLR 898.
120. Aristotle, Nichomachean Ethics (Hackett, Indianapolis 1999) 1161b 22-24.
121. Table IV, Law I as cited in SP Scott (ed), The Civil Law. Volume 1: The Laws of the Twelve Tables (Central Trust Company, Cincinnati 1932).
122. Born 53 BCE.
123. Dionysius of Halicarnassus, Roman Antiquities (Loeb Classical Library, Cambridge, MA 1937) vol 1, book 2, c 27.
124. The patriarchal authority asserted by a Roman father over his household including his children, grandchildren, and other descendants.
125. G Long, 'Patria Potestas' in W Smith (ed), A Dictionary of Greek and Roman Antiquities (John Murray, London 1875).
126. Mancipated individuals held an intermediate status between free persons and slaves. They were not sui juris, and anything they acquired was due to the person to whom they were mancipated.
127. WV Harris, 'Child-Exposure in the Roman Empire' (1994) 84 J Roman Stud 1.
128. T Hobbes, The Elements of Law, Natural and Politic (OUP, Oxford 2004) 92.
129. MA Mason, From Father's Property To Children's Rights: A History of Child Custody (Columbia University Press, New York 1994) chapter 1.
130. For example, the Stubborn Child Law of Massachusetts 1646 provided that: 'If a man have a stubborn or rebellious son of sufficient years of understanding. that when they have chastened him will not harken unto them. Such a son shall be put to death.'.
131. Cited in LR Sidman, 'The Massachusetts Stubborn Child Law: Law and Order in the Home' (1972) 6 Fam Law Quart 33, 42-3.
132. As late as 1971, the Massachusetts Supreme Judicial Court adjudged that 'the State may properly require that unemancipated children obey the reasonable and lawful commands of their parents, and it may impose criminal penalties on the children if they persistently disobey such commands'. Commonwealth v Brasher, 1971 Mass Adv Sh 907 at 913, 270 N.E.2d 389 at 394.
133. Mason (n 103) 6.
134. In Re Agar-Ellis (1883) 24 ChD 317, Cotton J commented: 'the Court should not, except in extreme cases interfere with the discretion of the father but leave to him the responsibility by exercising that power which nature has given by the birth of the child' (at 334).
135. In England, paternal legal authority could be exercised to the exclusion of the mother and regardless of the child's welfare. R v De Manneville (1804) 5 East 321; R v Greenhill (1836) 4Ad & E624; Re Agar-Ellis (1883) 24 ChD 317.
136. Mason (n 103).
137. Enticement and seduction as a cause of action were removed from statute by the Law Reform (Miscellaneous Provisions) Act 1970, s 5.
138. W Blackstone, Commentaries on the Laws of England (1832) vol 2, 115.
139. However, Blackstone also refers to the 'insuperable degree of affection' which parents hold for their children. Vol 1, 368.
140. T Michals, '"That Sole and Despotic Dominion": Slaves, Wives, and Game in Blackstone's Commentaries' (1993-1994) 27 Eighteenth-Cent Stud 195, 202.
141. Some concessions to the equal rights of women were made under the Infants Custody Act 1839, Custody of Infants Act 1873, and the Guardianship of Infants Act 1886.
142. See AH Manchester, A Modern Legal History of England and Wales, 1750-1950 (Butterworths, London 1980) 390-3.
143. NV Lowe, 'The Legal Position of Parents and Children in English Law' (1994) Singapore J L Stud 332, 337.
144. SM Cretney, '"What Will the Women Want Next?" The Struggle for Power Within the Family 1925-1975' (1996) 112 LQR 110.
145. Noggle (n 6) 97.
146. CA, s 1 (1): 'When a court determines any question with respect to - (a) the upbringing of a child; or (b) the administration of a child's property or the application of any income arising from it, the child's welfare shall be the court's paramount consideration.'.
147. G Matthews, 'The Philosophy of Childhood' in EN Zalta (ed), The Stanford Encyclopedia of Philosophy, accessed 10 June 2008.
148. Montgomery (n 7).
149. MDA Freeman, 'Towards a Critical Theory of Family Law' (1985) 38 CLP 153.
150. DI Bonina and RA Bahe-Jachna, 'The Treatment of Children as Chattel in Recent Adoption Decisions' (1999) 28 Human Rights at accessed 5 February 2010.
151. CD Gill 'Essay on the Status of the American Child, 2000 A.D.: Chattel or Constitutionally Protected Child-Citizen' (1991) 17 Ohio N U Law Rev 543.
152. JE Hasday, 'The Canon of Family Law' (2004) 57 Stanford Law Rev 825, 847.
153. RC Palmer, 'The Origins of Property in England' (1985) 3 Law Hist Rev 1.
154. J Waldron, 'What is Private Property?' (1985) 5 OJLS 313, 333.
155. Gold (n 79) 43.
156. CA, s 3(1).
157. LF Ross, 'Justice for Children: The Child as Organ Donor' (1994) 8 Bioethics 105
158. JM Meyer, 'The Concept of Private Property and the Limits of the Environmental Imagination' (2009) 37 Polit Theory 99
159. Munzer (n 41) 510
160. Munxer's assumption that the umbilical cord blood belongs to the baby is supported by other commentators who suggest that this material is the baby's (rather than the mother's) because it is developmentally, biologically, and genetically part of the child
161. See GJ Annas, 'Waste and Longing-The Legal Status of Placental-Blood Banking' (1999) 340 N Engl J Med 1521.
162. J Gunning, 'Umbilical Cord Cell Banking: A Surprisingly Controversial Issue' in J Gunning and S Holm (eds), Ethics, Law, and Society, Volume 2 (Ashgate, Farnham 2006) 17-26
163. However, Dickenson takes the opposite view. For her, umbilical 'cord blood is simply the mother's own property', arguing that it is so 'on labour-desert grounds'.
164. D Dickenson, Property in the Body: Feminist Perspectives, (Cambridge University Press, Cambridge 2007) 97-100
165. Dickenson has consistently argued from a feminist perspective 'that the most genuine and legitimate form of property in the body is that which women possess in their extracted reproductive tissue, specifically in tissue products of their reproductive labour'
166. D Dickenson, 'The Lady Vanishes: What's Missing from the Stem Cell Debate' (2006) 3 J Bioethical Inq 43, 47
167. Munzer (n 40)
168. Munzer (n 41) 495. Munzer argues for a number of other propositions, but these are not germane to the present article.
169. Quigley (n 82) 462. It should be noted that the Court of Appeal did not principally rely on the 'application of human skill' exception in deciding as they did; 'we prefer to rest our conclusions on a broader basis', Yearworth at para 45(e). This position was justified by an appeal to the 'developments in medical science [which] now require a re-analysis of the common law's treatment of and approach to the issue of ownership of parts or products of a living human body'. At para 45(a). In reaching its conclusions, the Court of Appeal relied upon the judgment in Hecht v Superior Court of Los Angeles County, which held that 'at the time of his death, decedent had an interest, in the nature of ownership, to the extent that he had decisionmaking authority as to the sperm'. Hecht v Superior Court (Kane) (1993) 16 Cal.App.4th 836, 20 Cal.Rptr.2d 275 at 847.
170. Although the procedure is both painful and subject to risk. See AAP Committee on Bioethics (n 13).
171. FS Cohen, 'The Pragmatic Meaning of Private Property' (1954-1955) 9 Rutgers L R 357, 362.
172. Radin (n 81) 1859.
173. Diamond v Chakrabarty 447 US 303 (1980)
174. However, tissue that is 'property' as a result of the application of human skill legitimately can be traded.
175. D Beyleveld and R Brownsword, 'My Body, My Body Parts, My Property?' (2000) 8 Health Care Anal 87.
176. Waldron (n 127) 343.
177. Michals (n 111) 200.
178. Manchester (n 112) 6.
179. C I Harris, 'Whiteness as Property' (1993) 106 Harvard Law Rev 1707-91.
180. J Bentham, The Works of Jeremy Bentham, Part 2 Volume 1 (1838) 308
181. Harris (n 148) 1729
182. See for example Nwabueze, n 6; Radin, n 56.
183. Nwabueze (n 6) 84-95.
184. GS Becker, A Treatise on the Family (Harvard University Press, Cambridge, MA 1991).
185. GS Becker, 'The EconomicWay of Looking at Life' in T Persson (ed), Nobel Lectures in Economic Sciences, 1991-1995 (World Scientific, London 1997).
186. See Re Y (Mental Patient: BM Donation) [1996] 2 FLR 787.
187. Flynn v Holder, USDC CA (filed 28 October 2009). The 9th US Circuit Court of Appeals heard arguments on 15 February 2011 after the trial court had dismissed the case in March 2010 in favour of the government.
188. See 'Lawsuit Seeks Compensation for Bone Marrow Donors' at accessed 15 March 2011.
189. SL Crockin, 'A Legal Defense for Compensating Research Egg Donors' (2010) 6 Cell Stem Cell 99.
190. This is not an implausible scenario. See R v Cambridge Health Authority ex parte B [1995] 1 WLR 898.
191. It would also seem to serve the principles of utility, efficiency, and justice.
192. Freeman (n 123).
193. P Symes, 'Property, Power and Dependence: Critical Family Law' (1987) 14 J Law Soc 199, 200.
194. K Renner and AJ Treviño, The Institutions of Private Law and Their Social Functions (Transaction Publishers, Califon, NJ 2009) 107.
195. SJ Tildent 'Ethical and Legal Aspects of Using an Identical Twin as a Skin Transplant Donor for a Severely Burned Minor' (2005) 31 Am J Law Med 87.
196. E Gluckman and others, 'Outcome of Cord-Blood Transplantation from Related and Unrelated Donors' (1997) 337 N Engl J Med 373.
197. HFEA (n 8).
198. N Webb and P-M Fortune, 'Should Children Ever Be Living Kidney Donors?' (2006) 10 Pediatr Transplant 851.
199. M Olbrisch, J Levenson and J Newman, 'Children as Living Organ Donors: Current Views and Practice in the United States' (2010) 15 Curr Op Org Transplant 241.
200. T Berney and others, 'Five-Year Follow-Up After Pediatric Living Related Small Bowel Transplantation Between Two Monozygotic Twins' (2004) 36 Transplant Proc 316.
201. HTA (n 10).
202. J Eekelaar, 'The Emergence of Children's Rights' (1986) 6 OJLS 161, 163. (n 79) 2.