The Legal Issues and Regulation of Umbilical Cord Blood Stem Cells

• Main Authors: Chun-liang Chen, 陳俊良
• Other Authors: Fa-chang Cheng
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/27700584493834915316

碩士 === 國立高雄第一科技大學 === 科技法律研究所 === 97 === Technology advancement and medical devices technology development have brought great contributions to human civilization. Stem Cell, extracted from the Umbilical Cord Blood, is one of the significant discoveries in our history without doubt. Cord Blood was once deemed medical waste and of no value at all, while it is nowadays medical treasure due to its stem cells. Therefore, his study will first clarify the ownership of the Cord Blood for further discussion about its related legal issues. In recent years, Cord Blood Registry (Cord Blood Banks) keep advising and promoting the benefits of preserving the Cord Blood. Many parents-to-be are wondering whether to preserve the Cord Blood for future utilization. If they determine to preserve the Cord Blood, they would next have to conduct a Contract with the Cord Blood Bank, public or private. What exactly is the nature of the Contract? How do the parties arrange the articles in the Contract? Since our Department of Health, Executive Yuan (DOH) has drafted the “Template of Standardized Contract for the Cord Blood Preservation”, this study will present several critical discussions to examine the articles of the DOH Template. This study will also provide concrete suggestions for parents-to-be to refer to when they conduct a Contract of Cord Blood Preservation in the future. This study would in addition introduce the regulation models of Cord Blood Banks in European Union and the United States, and review the current management regulation of Cord Blood Banks in Taiwan. This study will then provide for the Government’s reference regarding laws and regulations applicable to practical management of Cord Blood Banks.