NARR 272-273

CCAR RESPONSA

New American Reform Responsa

163. Fetus Kept Alive as a Source for Organs

QUESTION: When an infant possesses only a brain stem and no other functionary brain, may it be kept alive by machines, etc, as a source for future organ transplants? (Walter Jaslow, Beechwood OH)ANSWER: A fetus which possesses life of its own is considered a human being; that status is reached as soon as the child has been born or a major part off it has left the womb (M Oholot 7:6; Shulhan Arukh Hoshen Mishpat 425.2; Yad Hil Rotzeah Ushemirat Hanefesh l.1). This child, therefore, possesses all the rights of any human being. In this instance it is clear that the child can not survive without artificial means and can never have any independent life as it lacks vital organs. We should, therefore, permit the child to die peacefully and possibly allow the machinery to maintain normal bodily functions for a short period necessary to transfer the organs, which will be transplanted and used to help others. Such a short period of artificial life will not impinge upon the human dignity of this infant nor will it cause undue additional suffering to the mourning parents. It would be inappropriate to keep this infant alive for a longer period of time.May 1988

If needed, please consult Abbreviations used in CCAR Responsa.