On pg. 205 of the Lacks book it explained the court's stance on the ownership of one's body tissues from a case in 1988. The Supreme Court of California issued a definitive statement on the matter:
"When tissues are removed from your body, with or without your consent, any claim you might have had to owning them vanishes. When you leave tissues in your doctor's office or a lab, you abandon them as waste, and anyone can take your garbage and sell it."
So, anyone who doesn't want their tissues to be used for something would have to take it with them, so as not to abandon it as waste. This of course is not a realistic option, since it presents a biohazard and it must be disposed of properly. The average Joe is not going to have the means or authorization to properly dispose of biohazardous waste, and I highly doubt any hospital would give a patient their biopsy back should they request it, so this pretty much leaves one with no choice but to leave it in the hands of the hospital or lab. You don't really forfeit your rights of ownership so much as forcibly lose them...
That makes me so mad. The legal system is suppose to protect the rights of individuals. That court ruling was unjust and inhumane. So as an extreme example, if someone were to slice off my hand with a samurai sword, any claim of I have of owning it vanishes. This court ruling is completely ridiculous and should be appealed.
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