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KMID : 1011120210140020129
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Bioethics Policy Studies
2021 Volume.14 No. 2 p.129 ~ p.154
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Ethical and Legal Issues on Human Brain Organoid
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Choi Kyung-Suk
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Abstract
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As the research outcome that the electrical wave of human brain organoid was detected has been published, the ethical and legal issues on this research model have been actively discussed. This paper reviews whether or not there is an international guideline to regulate the research of human brain organoid and reviews which Korean acts regulate such a research. The research of human brain organoid using an embryonic stem cell is regulated by Bioethics and Safety Act. the research of human brain organoid using induced pluripotent stem cell is considered to be a human material research in Bioethics and Safety Act with the government’s authorative interpretation. This research is outside the regulative scope of Advanced Regenerative Bio-Act. However, there is no particular regulation to tell by what criteria the protocol of such a research should be reviewed and by when in the developmental stage of brain organoid. IRB has discretionary power over whether to confirm the protocol or not. For the ethical issue, the research of human brain organoid raises the issue of its moral status. On the basis of concepts discussed on the limitation of embryonic research, I argue that the scope of the research of human brain organoid should be limited. I argue that the research may be allowed before a human brain organoid has sentience or learning ability when it is developed without sentience. The reason is that the moral status of such a human brain organoid is the same as that of human being who establishes the identity as an individual. The production of human brain organoid may be a new way of human reproduction, that is, a laboratory reproduction, Therefore, as Bioethics and Safety Act regulates embryonic research apart from human material research, the Act should provide separate regulation on human brain organoid research reflecting its special feature.
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KEYWORD
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human brain organoid, stem cell, reproduction, identity of an individual, sentience
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