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Social Science & Medicine 67 (2008) 1747–1756

Contents lists available at ScienceDirect

Social Science & Medicine


journal homepage: www.elsevier.com/locate/socscimed

The fetal tissue economy: From the abortion clinic to the


stem cell laboratory
Julie Kent*
Department of Sociology and Criminology, University of the West of England, Coldharbour Lane, Bristol BS16 1QY, United Kingdom

a r t i c l e i n f o a b s t r a c t

Article history: This paper examines the exchange relationships between women undergoing abortion, the
Available online 22 October 2008 clinicians who procure fetal tissue and stem cell scientists in Britain, and argues that the
fetal tissue economy is an important dimension of the gendered bioeconomy that
Keywords: underpins stem cell science. In so doing it suggests that the path from the abortion clinic to
Britain the stem cell laboratory differs from the route taken by pre-implantation embryos from
Abortion
the in vitro fertilisation clinic in important ways. It reports on a study which included 29
Stem cells
in-depth, semi-structured interviews with stem cell scientists, policymakers, clinicians,
Bioeconomy
Fetal tissue activists and sponsors of stem cell research. The paper explores the meanings attached to
UK aborted fetuses and how women’s relationship to fetal tissue is constructed in the inter-
views, the law and official guidance on the use and disposal of fetal tissue. This is linked to
variability in consent procedures and procurement practices.
Ó 2008 Elsevier Ltd. All rights reserved.

Introduction features of ‘the fetal tissue economy’ in Britain as a partic-


ular set of arrangements for the sourcing, distribution,
Stem cell science relies on the procurement of human governance and use of aborted fetal tissue in stem cell
tissue and cells from a variety of sources including eggs, science? How might we understand the exchange rela-
embryos, umbilical cord blood, bone marrow, aborted tionships between those women undergoing an abortion,
fetuses, and other tissues from the body. At present it is not the clinicians who procure the tissue and the users of the
known which source will prove most useful in new thera- tissue, the SC scientists? And in what respects does the fetal
pies to treat disease, or new tools for drug discovery. In tissue economy differ from ‘embryonic economies’
Britain some stem cell (SC) researchers collect and use (Franklin, 2006a)? Following Waldby and Mitchell I suggest
aborted fetal tissue. that in ‘the fetal tissue economy’ an unwanted pregnancy is
Once tissue is removed from the body and donated, transformed into a valued research resource. That is to say
medicine and biotechnology mobilize productivity; ‘‘a a particular form of female reproductive labour is being
tissue economy [ ] is a system for maximising this reconfigured and SC technologies potentially convert ‘‘the
productivity, through strategies of circulation, leverage, generative power of female reproductive biology into
diversification and recuperation. An economy is also regenerative therapy’’ (Waldby & Cooper, 2008, p. 58).
a system for adjudicating value; thus a tissue economy To begin I briefly describe the regulatory framework for
involves hierarchizing the values associated with tissue abortion and the use of fetal tissue in research in Britain. I
productivity’’ (Waldby & Mitchell, 2006, p. 31). This paper then describe and analyse the ways in which women
explores the following research questions – what are the undergoing abortion are constructed as ‘donors’ and how
this differs from understandings of women donating
embryos created in the in vitro fertilisation (IVF) clinic.
* Tel.: þ44 117 3282356. These differences may be partly understood in terms of
E-mail address: julie.kent@uwe.ac.uk a woman’s relationship to the ‘dead’ fetus. This in turn

0277-9536/$ – see front matter Ó 2008 Elsevier Ltd. All rights reserved.
doi:10.1016/j.socscimed.2008.09.027
1748 J. Kent / Social Science & Medicine 67 (2008) 1747–1756

relates to the procedures for obtaining consent. The law every three women will have undergone a termination by
and guidelines on the use of fetal tissue in research mobi- the time they reach the age of 45 years. Abortion is carried
lize particular constructions of women donors and the out mainly in approved independent clinics before 10
aborted fetus and this influences practices in seeking weeks gestation. Medical abortions, which are recom-
consent and the collection of the tissue. I discuss women’s mended for terminations in early pregnancy, are on the
relationship to the fetus and the ways in which the aborted increase – rising from 24% in 2005 to 30% of the total in
fetus is materialized as a baby, mother’s tissue, waste 2006. Abortion is the most common surgical procedure on
tissue, a cadaver, an organ donor, a scientific object and women of reproductive age. Most (87%) are funded by the
a source of stem cells in the accounts of those interviewed National Health Service (Department of Health, 2007).
in this study. Termination of pregnancy in order to provide tissue for
use in research or treatments is illegal but the collection of
Methods aborted fetal tissue for research is permitted. In 1989 when
there were experimental treatments for Parkinson’s
The study investigated the collection and use of fetal disease using aborted fetal neural tissue, the Polkinghorne
tissue in stem cell science in Britain. It combined a number Guidelines were drawn up to guide researchers. At their
of methods including – analysis of documents and web centre were ideas about the need to protect women, from
based materials; interviews; focus groups; and participant themselves and from researchers; and significantly,
observation at a range of meetings. Twenty nine interviews a particular framing of the fetus as a cadaver (Kent & Pfeffer,
were conducted during 2006 with 34 SC scientists (SS), 2006; Pfeffer, 2006; Pfeffer & Kent, 2007a, 2007b; Pol-
policymakers (PM), tissue bankers (TB), sponsors of kinghorne, 1989).
research from the public and voluntary sectors (SP), clini- SC research is just one area of the biosciences using fetal
cians and nurses (CL), activists engaged in either providing tissue. It is difficult to trace the extent of use of fetal tissue
abortion services or opposing the destruction of embryos in research in Britain because no formal records are kept or
(AC). Seven people declined to be interviewed, and some publicly available and there is no national oversight of such
interviews included more than one person. Interviewees research (Pfeffer & Kent, 2007b). So it is not possible to say
were selected because they were known to be using fetal either how many fetuses are collected, which laboratories
tissue in their work, had responsibilities for policy relating use them for what purposes, or indeed how many fetuses
to human tissue collection or were directly involved in are incinerated, cremated or buried. But this study identi-
procurement, funded stem cell research or were opinion fied seven laboratories in Britain using fetal tissue for stem
leaders in abortion politics. The interviews were non- cell derivation and a national fetal tissue collection based at
directive and loosely structured, flexible enough to develop two further institutions.
an in-depth conversation with respondents and were
analysed for emergent themes. This paper draws on the
interview data, fieldnotes and documentary analysis.
Different kinds of donors
The regulatory and health care context of the ‘fetal
tissue economy’ In Britain there is strong government support for the
development of SC technologies. In a complementary and
Termination of pregnancy is legally permitted in Britain insightful analysis of ‘the IVF–stem cell interface’ Franklin
under certain circumstances. The Abortion Act 1967 (2006a) describes attempts to manage the national embryo
provides that a registered medical practitioner may supply through processes of standardisation of consent
lawfully terminate a pregnancy that has not exceeded its procedures, co-ordination between clinics and SC centres,
twenty-fourth week in an NHS hospital or on premises regulatory and governance policies. This contrasts with
approved for this purpose. Two registered medical practi- a much less tightly regulated or managed system of the
tioners have to agree that continuing the pregnancy would supply of fetal tissue. ‘The special case of embryos’ Franklin
involve risk to the life of the pregnant woman, or injury to describes is tied to the ‘double reproductive value’ of
her physical or mental health, or to the physical or mental human embryonic stem cells (hESCs) that is both biological
health of any existing children. Any risk must be greater and social value, and leads to an examination of transitions
than if the pregnancy were terminated. After 24 weeks, the in meaning, value and form. However embryos are just one
grounds for termination are more limited. Abortion law in source of SCs, moreover they are also used in fertility
Britain may be seen as highly restrictive but liberal in its research. The route taken by fetal tissue into the SC labo-
operation and there is a broad consensus about the avail- ratory is very different to that taken by the pre-implanta-
ability of abortion in the interests of public health (AC1). tion embryo produced in the IVF clinic (Franklin, 2006b).
The health of the woman, rather than her right to choose, is While the embryo supply is, following Franklin’s analysis,
embedded within the law. The right to choose to terminate a strictly regulated, managed economy, the sourcing,
a pregnancy and autonomy to make decisions about distribution and management of the supply of fetal tissue
medical interventions is undermined by current law are different and in this study significantly women were
(Jackson, 2000; Lee, 2003). seen by interviewees as different. A scientist, who uses both
Almost every year the number of pregnancies legally embryos and aborted fetuses in his research, thought
terminated in England and Wales has increased from just women donating embryos and those donating fetal tissue
over 54,000 in 1969 to 193,700 in 2006. At least one in were different kinds of donors:
J. Kent / Social Science & Medicine 67 (2008) 1747–1756 1749

‘‘.the patients that are coming to infertility treatment are concerns about being the target of anti-abortion activists,
very well informed anyway, they’ve sort of read up about drawing comparisons with using animals for research
IVF and they sort of know that their treatment comes out of purposes. This study showed that arrangements for the
research. So they are motivated to altruistically give collection of fetal tissue varies and lacks transparency
embryos for research I think because of that. While for (Pfeffer & Kent, 2007b).
women for termination, they just want to get the termi-
nation over and done with; they’re not really thinking Fetal tissue collection and consent procedures
about it at all. This is my interpretation, I’m not sure it’s
correct.’’ SS7 SC scientist. Women who have abortion are constructed differently
from other types of tissue ‘donors’. The Polkinghorne
Comparisons between these two groups of potential
guidelines say women should not be given information
donors are fruitful. Current debate on SCs focuses on the
about the specific research in which the fetus will be used
use of ‘spare embryos’ from the IVF clinic (Parry, 2006), left
because it might influence their decision to terminate the
over from IVF treatment or prenatal genetic diagnosis
pregnancy (Polkinghorne, 1989). It was thought that they
(PGD) and the use of donated eggs from healthy women for
might have an abortion in order to donate the tissue for
SC research (Wainwright, Williams, Michael, Farsides &
research so they were denied the right to information
Cribb, 2006; Williams, Wainwright, Ehrich & Michael,
about how tissue would be used. This is out of step with the
2008). Issues around the destruction of the embryo in
notion of informed consent which remains problematic in
research, the embryos’ potential for life, the need for
this context and there is confusion about what kind of
informed consent and the health risks to women of ovarian
information women should be given (Pfeffer & Kent, 2006).
stimulation have received attention (Human Fertilisation
The separation principle enshrined in the Polkinghorne
and Embryology Authority, 2006; Parry, 2003). There are
guidelines says that there should be separation between
key differences between the IVF clinic and the abortion
the woman and the researcher, and separation between the
clinic in terms of both the aims and services provided. I am
decision to terminate the pregnancy and to donate the
unable to assess women’s reasons for donating fetal tissue
tissue. This was to protect the women from any undue
directly because women donors were not interviewed in
pressure from researchers to have a termination. So in most
this study. But the scientist above sees the women in the
cases ‘research nurses’ are employed to talk to women
IVF clinic as well informed about infertility treatment and
about giving the tissue for research after the decision to
research in the area and as part of a community of patients
terminate the pregnancy has been reached. The nurses are
committed to advancement in treatments and therefore
not directly involved in the woman’s care but mediate the
more likely to want to contribute to research. He also
relationship between the women and the research team.
suggests that IVF patients are altruistic. In contrast, rather
They described how some women didn’t want to know
negatively, he sees the women in the abortion clinic as ‘not
what happened to the fetus or details of how it might be
thinking’ and ‘wanting to get the termination over’ with no
used.
long-term commitment to either abortion care or research.
One scientist had collected fetal tissue from 800 women
The circumstances of the women and the context of the
over 6 years. He said the research nurse selected out
abortion clinic are distinct from that of the IVF clinic. Access
women who might be too distressed to ask and though
to IVF services is limited by patchy public provision, the so-
women seldom wanted a lot of detail the team felt they had
called ‘postcode lottery’, and the ability to pay (BBC, 2007;
to give certain information about their research.
Pfeffer, 1993). The supply of embryos relies on the avail-
ability of ‘surplus’ embryos that couples (both the woman ‘‘.from the surgical termination, list. It’s yes I want to help
and her partner) donate following IVF treatment. The or no, this is just too. I want to blank this whole kind of
possibility of stem cells being derived from the embryo can thing out in a way. And so the reason why I come back to
be expected to carry very different meanings and signifi- saying about people who are upset is from the women who
cance for them. For women undergoing abortion what is say yes, and it’s a, some good can come of this. We’ve come
important is that the fetus no longer continues to exist to realise, we’re actually a significant part of the grieving
(Pfeffer, 2008) but little is known about why some women process in this.’’ SS2 clinical scientist.
agree to donate a fetus for SC research or how they view the
Another scientist referred to what he regarded as the
ways in which associated tissue is collected.
large number of aborted fetuses nationally saying it was
Indeed little is known about the use of fetal tissue in SC
better they were used for some ‘beneficial purpose’ than
science outside the scientific community. One well known
not (CL2). For these scientists and, according to them, for
anti-abortion activist interviewed for this study, despite
the women themselves, tissue donation was a way ‘good’
being well informed about the use of embryos in SC
came from an abortion.
science, described the collection and use of fetal tissue as
Women did sometimes ask questions as this research
‘hush-hush’ (AC2). Companies seldom provide information
nurse described:
about the source of fetal derived SCs and obscure their
origins by referring to them as ‘adult SCs’ or tissue specific ‘‘: .They do ask, I have been asked, will the baby once it’s
(somatic) SCs (Kent, 2007). The scientists interviewed had born, is it dead? You know and I’ve also been asked so you
NHS research ethics committee approval for their research, wanna take it’s brain out and use it, you know quite
most were willing to discuss the collection procedure but explicit terminology like that, which I think you know if I
didn’t want their activities advertised. They expressed said to them at the beginning of the discussion, we want to
1750 J. Kent / Social Science & Medicine 67 (2008) 1747–1756

take your fetus’ brain out and use it for research, that’s transplanted into patients, donor screening and testing is
a really quite hard thing to ask but if they ask me in that necessary – for example, cell transplantation for the
terminology, I will say yes, because there’s no point in treatment of Huntington’s disease. She said the risk
pussy footing around you know. At the end of the day, behaviour of women seeking termination, compared to
that’s what we are going to do.’’ CL6 research nurse. those seeking maternity care (or IVF treatment), means
that fetal tissue is more likely to be contaminated.
She said women talk about a ‘baby being born’ and
express concerns that it might still be alive. She gives them ‘‘.in the early days when anonymous screening for the
an information leaflet that explains the procedure and that prevention of HIV was undertaken, it was done in obstetric
the fetus is not alive after termination. units with antenatal women and it was also done, as
In British law, the fetus is the woman’s tissue and she a separate study, anonymous HIV prevalence was also done
has the right to consent to what is done to her body (Pfeffer in abortion clinics. And the two populations were very
& Kent, 2007b). So where the fetus is recognised as part of distinctly different, the risks were different. And I think that
her body, her ability to consent to donation or its disposal is shows that the populations vary probably not only in that
acknowledged. Those working in abortion care are careful particular respect that was looked at, but in others. One
to avoid using the term ‘mother’ to describe the pregnant would imagine that a woman who was attending an
woman. But in guidance from the UK Human Tissue antenatal clinic and a woman who had chosen to attend an
Authority on disposal of fetal remains it refers to ‘mother’s abortion clinic might have different backgrounds and
tissue’, apparently conferring the status of motherhood on different behavioural risks and perhaps different epidemi-
women seeking termination at the same time as attributing ology from other points of view.’’ TB3 clinician
responsibility to them for decisions relating to fetal
She suggested that procurement of the tissue needed to
disposal (Human Tissue Authority, 2006a, 2006b).
comply with good manufacturing practices, and that the
There are then competing views of both the woman’s
need for training in donor selection was of critical impor-
relationship to her fetus and of her ability and right to
tance if cell lines were to be used in transplant therapies.
consent to what happens to her body in law, guidelines and
For her, the conditions of procurement raise important
the accounts of respondents. Where the fetus is acknowl-
safety issues:
edged as part of her body by the law the woman is accorded
a level of autonomy (self determination) and bodily integ- ‘‘So the big item first of all being, how would one obtain
rity. However, the Polkinghorne guidelines undermine this such material in a way that was bacteriologically safe?
autonomy, by denying the woman information about how Because tissue banks spend a lot of time assessing the
tissue might be used in research. In the scientists’ accounts bacterial bio burden, as it’s called, on tissues procured in
above, the act of giving the tissue, ‘doing good’, appears to a non-sterile environment. And I can’t imagine techno-
be seen as an act of redemption and the woman’s status as logically how that is achieved.’’. TB3 clinician
a good citizen is recovered by the act of ‘donating’ the tissue
Three key points emerge from this interview. First, that
for the public good (see also Ariss, 2003; Hogle, 1999).
the behaviour of women is perceived as potentially risky;
Although not permitted under Polkinghorne, the Depart-
second, that the collection process in the clinic increases
ment of Health sanctions the idea that the method of
risk of tissue contamination; and third, that those selecting
abortion may be modified to suit the needs of the research
donors and seeking consent are unlikely to be equipped to
as long as the woman consents and it doesn’t pose addi-
carry out a risk assessment. Safety issues have been a focus
tional risk to her (Department of Health, 2002). Separate
of attention in the IVF clinic where embryos are being
consent for HIV and other testing is needed where the
collected for SC derivation, but according to this clinician,
tissue may be transplanted into patients.
the same safety concerns have not been widely discussed in
relation to the procurement of fetuses in the abortion clinic.
Abortion, risk and tissue quality
Indeed I can confirm that such methods of donor selection
or training of staff seeking consent were not widely
What also emerged from the data are a number of
evident. But only one of the teams interviewed were
diverse views of women. Women seeking abortion are
extracting ‘primary neural cells’ from fetal brain for trans-
sometimes represented as ‘out of control’ of their lives and
planting into patients with Huntington’s disease. Screening
themselves and morally suspect. Rather than unwanted
and testing of the tissue itself was being carried out and
pregnancy being seen as part of the everyday life of thou-
viral screening of the ‘maternal donor’:
sands of women, ‘certain types’ are assumed to end up in
the abortion clinic. One clinician suggested that there were ‘‘We screen for HIV, for syphilis, HTLB1, CMB, toxiplasma.
different kinds of risk of transmissible disease associated So those are the ones we screen the maternal donor for. So
with different populations, and important differences once we get to that stage we also ask them to self-exclude if
between women who have abortion and those who don’t. they think they’re at risk of HIV. And that’s done using. I
She referred to different ‘risk populations’, explaining that don’t know if you’ve donated blood recently but when you
with other types of organ donation for transplantation, donate blood you get a self-exclusion questionnaire that
donor selection, screening and risk assessment are criti- you do. So in other words you know, have you been
cally important to reduce risks of disease transmission. exposed to someone who has HIV? Have you slept with
While most fetal tissue being collected for SC research does someone of the same sex? Have you had sex in Africa? You
not need to be assessed in this way where cells will be know those sorts of questions.’’ CL5 clinical scientist
J. Kent / Social Science & Medicine 67 (2008) 1747–1756 1751

Despite recognising that fetal material is bacteriologi- Dissecting tissue and ‘harvesting cells’ is a technically
cally contaminated it is seen as having a high value as skilled and difficult work. The fetus becomes fragmented
transplant material (Kent, 2007). The risk assessment, by into different cell types or ‘scientific objects’. Scientists
adopting the method used for screening of blood donors, collect ‘germ cells’ from the gonadal tissue; liver tissue,
creates links between the women’s sexual behaviour, their neural tissue and mesenchymal SCs. Different under-
health status and donor suitability. Overall what emerges is standings of what a SC is influence how scientists and
a view of women undergoing abortion as potentially high others talk about cells sourced from the fetus (Kent, 2007).
risk donors, whose behaviour and personal history need The same fetus might be used to provide a variety of cells
especially careful monitoring, and who produce material for different research projects or one type of cell. Thera-
that is both biologically and symbolically contaminated. peutic aims for the research are diverse but include Par-
kinsons’ disease, type 1 diabetes, Huntington’s disease and
Different kinds of scientific objects stroke. In some programmes the tissue provides research
tools for comparisons with SCs derived from pre-implan-
A set of diverse objects and tools are used in SC science. tation embryos (hESC). At the cellular level the aborted
In her analysis of the use of embryos Franklin says fetus has very different characteristics from the pre-
implantation embryo.
The embryos that form the basis of hES derivation and
So, as Franklin (2006a) describes, the ‘‘new biology () is
banking have a dual reproductive identity: their repro-
not about development and form in the older sense of the
ductive past, or pedigree, is determined by their
whole organism but about parts. This is a biology that is
production in the context of the highly emotive and
about multiplication and reassembly. It is about using the
labour-intensive process of IVF – a procedure that
logic of the system or totality, but applying it to parts,
usually fails. Their reproductive future, or potential, lies
which in turn are being used to make ‘wholes’’’ (pp. 77–78).
in the capacity of science to transform the vital power of
She refers specifically to the growth of hESC lines ‘sepa-
individual cells into colonies of regenerative cell-
rating reproduction from development in this way is the
s..embryonic economies based on the reproductive
most important form of biological control now, at the
value of stem cells ‘in themselves’ both can and cannot be
outset of stem cell propagation’ (Franklin, 2006a, p. 78).
separated from their reproductive value in the context of
Stem cell biology dislocates reproduction and regeneration
assisted reproduction, where they embody a different
and the connections between ‘life’ and ‘death’ are ‘remade’
domain or reproductive potential (Franklin, 2006a, p.
(Franklin & Lock, 2003). Culturing cells from a ‘dead’ fetus
73).
raises especially complex technical and theoretical issues.
The reproductive value of aborted fetal tissue may be Whether or not SC lines may be derived from aborted
contrasted with this. In utero, the fetus has potential but fetal tissue is still a contested and disputed practice. Claims
terminating a pregnancy destroys that potential. Ex utero to have ‘conditionally immortalised’ such lines by the
the capacity for reproduction may only be defined in terms addition of an oncogene, hormone and growth factors
of the potential to transform the tissue into ‘colonies of which stabilise the cells, preventing them from differenti-
regenerative cells’. So the reproductive past of the ex utero ating or becoming specialised (ReNeuron, 2003) are
fetus is distinct from that of the pre-implantation embryo. controversial because the potential adverse effects are not
The context of its ‘production’ and also separation of the known. The use of fetal SCs in the development of cell
reproductive value of the fetus and its use in SC science is therapies represents attempts to create ‘biovalue’ (Waldby,
more clear cut. The ‘fetal tissue economy’ therefore is 2002) and the construction of ‘dead’ fetuses (or embryos)
characterized by a different set of social relations between as waste provides a justificatory discourse, in moral and
both the ‘producers’ of the source material – the women economic terms, for creating such value (Ariss, 2003; Kent,
seeking an abortion, the distributors – the abortion clinic, 2007; Wainwright et al., 2006). Morgan’s (2002) historical
and the users. Moreover, unlike in Franklin’s analysis, the analysis of the changing claims on fetal remains (in the US)
possibility of a ‘two way model’ or reciprocal exchange suggests that notions of fetal remains as waste are not new,
relationships between SC scientists and the women donors but new forms of social value are attached to these remains
is never raised. No research using fetal tissue is expected to (Waldby & Mitchell, 2006). Fetuses have acquired new
benefit women seeking a termination. forms of exchange and use value.
Most SC researchers using fetal tissue need ‘fresh’
fetuses and therefore make ‘local arrangements’ with an Fetal remains as waste from a woman’s body
abortion clinic to provide a continual supply of tissues. If SC
lines can be made then the need for large numbers of Once a pregnancy has been terminated, whether by
fetuses will be reduced because the cells will be maintained surgical or medical methods, the fetus is expelled. Surgical
in culture. At present this is technically difficult so fresh abortion takes place under general or local anaesthetic
supplies are needed for the work to continue. Surgical using manual or electro-mechanical vacuum extraction.
abortion using electro-mechanical vacuum extraction Medical abortion involves the administration of two drugs,
‘macerates’ the tissue and makes identification of different mifepristone and misoprostol. Choice of method relates to
parts difficult. One team therefore uses manual syringe a woman’s preference, service availability and good prac-
extraction to reduce this problem. Other teams collect tice for the stage of pregnancy (Royal College of Obstetri-
tissues from medical abortions because they are more cians and Gynaecologists, 2004). Leaving aside debates
readily available and easier to dissect. about the viability of a fetus, fetal tissue from pregnancy
1752 J. Kent / Social Science & Medicine 67 (2008) 1747–1756

loss up to 24 weeks, whether through miscarriage or waste and organ donation is seen as ‘a memorializing act
induced abortion, may be disposed of as clinical waste and for the person who was embodied in the corpse. It is not
incinerated (Human Tissue Authority, 2006b; Kent & seen as a ‘productive’ response to waste’ (p. 275). However,
Pfeffer, 2006; NHS Management Executive, 1991; Pfeffer, waste may be seen as having latent value (Waldby &
2006; Pfeffer & Kent, 2007a; Royal College of Obstetricians Mitchell, 2006) and therefore by defining the ‘dead’ fetus as
and Gynaecologists, 2005). waste the potential for its re-valuation as a source of stem
The woman produces, through the act of abortion, cells, and accumulation of biovalue, comes into view.
‘abject waste’. Ariss’s (2003) discussion of waste tissue In the context of this study a view of fetal remains as
highlights how the reproductive labour of women is closely waste may be seen as having at least two effects. First it
tied to notions of wastefulness; for example, constructions makes the tissue available for use and second it influences
of menstrual blood as waste, and women ‘wasting’ eggs and how the material is handled by the laboratories. For
embryos which have the potential for life, mobilizes example the scientist below collected the fetal tissue for
specific cultural values about what their role is and rein- research, dissected it and harvested the cells for their
forces social obligations of women to be productive in project in the laboratory and returned the residual material
specific ways. Such a view also underpins pronatalist poli- to the originating clinic for disposal. This was considered
cies. Following this analysis, women who terminate ethically desirable, respectful of the ‘sensitive’ nature of the
a pregnancy are especially ‘wasteful’, and by inference material and compliant with the guidelines.
morally suspect. In her analysis of the use of fetal ovarian
‘‘So basically we disaggregate the cells to some extent
tissue as a source of donor eggs in fertility treatment she
ready for transplantation and then it’s stored here. The
refers to the prohibition of this practice in Britain in 1994.
other tissues that are discarded then are taken back up to
Some respondents to the HFEA consultation thought
the hospital and then re-enter the same disposal route that
making ‘purposeful use of fetal or cadaveric material which
they would have done if they’d gone straight from gynae
would otherwise be discarded’ was an opportunity to ‘do
theatre. So they go back to central pathology and are
good’, a view also expressed in this study above (Human
disposed of through the route, which at the moment is an
Fertilisation and Embryology Authority, 1994 p10; also
incineration route. And they all have to be clocked in with
cited in Ariss, 2003).
all their numbers and everything. So we keep all the
Ariss contrasts the production of waste from ‘miscar-
remains separate and they all go back up to the hospital.’’
riage’ and induced abortion saying
CL5 clinical scientist
Scientific characterization of the process of miscarriage
Fetal tissue was disposed of at the hospital but a scien-
as wasteful leads to the conclusion that the dead fetus,
tist at another laboratory described how cells, once no
which is the product of such a process, is waste. It also
longer needed, are disposed of according to standard clin-
reflects the notion that reproduction is simply another
ical waste procedures in the laboratory:
form of commodity production, and either a new
product, or waste, must be the result (Ariss, 2003, p. ‘‘how do we dispose of our cells when we’ve finished doing
264). experiments with them? [ ] Well, we just kill the cells with
bleach. You know, and these are cells, these are not
According to her, fetal tissue from induced abortion has
a human being. We kill them with bleach and put them in
more value than a miscarried fetus because ‘collection can
an incinerator bag and have them autoclaved and then
be timed and tissue received in a sterile environment’
incinerated, normal clinical waste procedures’’. SS3
(Ariss, 2003, p. 264). Additionally, drawing on Kristeva and
scientist
Cornell’s work, Ariss proposes that ‘if abortion is seen as
abjection, it is one route through which fetal tissue can He distinguishes between what are just cells and ‘a
come to be seen as waste – it is out of a body and, as human being’ as did another scientist who said:
abjected, waste’ (Ariss, 2003, p. 270). That is to say, in
‘‘And so, we receive fetal material.when I put some
asserting herself and securing her bodily boundaries the
hepatocytes, liver cells into culture, they are cells; they are
woman produces the fetus as waste but at the same time
no longer a fetus. They’re human cells but they are no
‘an ‘I’ has been produced/recognized/reclaimed. However,
longer human in terms of how we understand human life,
the fetal corpse, when seen as abject, is both an object and
they could as well be mouse or rat in terms of they are
a part of one self. As such, it hovers on the borders of
hepatocytes, they are cells, primary cells’’. SS2 clinical
selfhood (Ariss, 2003, p. 270). For Ariss the proposal to
scientist
harvest eggs from a ‘dead fetus’ undermines the subjec-
tivity of the woman and her assertion of her bodily Once cells are extracted from the tissue they are, in this
boundaries by creating ‘the possibility of future out-of-her- view, no longer human life but a valued research tool.
own-control bodily connections to the world’ (p. 271). So,
she argues, defining the fetus as ‘waste’ and proposing its The cadaveric fetus as a corpse and organ donor
‘use’ as ethical imposes limits on the way in which the
woman imagines and maintains bodily borders. Simulta- Although fetal remains are in certain contexts con-
neously, she suggests that the aborted fetus is doubly structed as clinical waste and incinerated (Morgan, 2002),
abjected because it has been cast out by the woman and the view of fetal material as ‘just tissue’ was sometimes
because it is ‘dead’. She reminds us that in Western culture unacceptable and has led to guidelines for ‘sensitive
the corpses of people who have lived are not treated as disposal’. These guidelines (like those of Polkinghorne)
J. Kent / Social Science & Medicine 67 (2008) 1747–1756 1753

construct the fetus as a cadaver or corpse (Kent & Pfeffer, a car accident, they are killed. In relation to having an
2006; Pfeffer, 2006; Royal College of Nursing, 2002). A abortion, the growing life in the womb is to be terminated
nurse working in abortion care who was instrumental in and that’s clearly I think in anybody’s book, a serious
developing them explained: moral decision, the better or least bad decision to make but
it’s a different situation, there is an element not present in
. just seeing these wee tiny fetuses being put into a sluice.
relation to organ transplantation generally.’’ PM1
I thought that’s not right that.
policymaker
Q: Why did you think it wasn’t right?
A:[ .] I remember reading about the respect for fetuses is While the moral status of the embryo/fetus is a conten-
due to its potential for life you know even though it has no tious issue, whether it can be likened to a dead person or
kind of legal status or anything. And I thought about the organ donor is also contested. In the first extract, if the fetus
women as well, I tried to put myself in her position, if I had died of natural causes it is likened to a donated organ but
been pregnant and I’d lost the pregnancy for whatever the second interviewee distinguishes between a deliber-
reason; whether it was a termination or a miscarriage, I ately aborted fetus and the car crash victim. He suggests
would want to know that that tissue was dealt with that using aborted tissue is analogous to using the organs of
respectfully coz it was still my pregnancy, my you know executed prisoners.
potential baby sort of thing. And women had sort of said
‘‘I don’t see a parallel in relation to either material which
that to me as well, you know they’d ask me what happened
are by-products of surgical operations or which derive
to their, you know, what they’d passed if they’d had
from car accidents or whatever. There is a sort of double
a miscarriage and at that point you think what can you
ethical element present in the situation, which doesn’t
say? You can’t tell them it’s gone to the bin.’’ CL4 nurse
seem to be present in those other situations. If there’s any
Whether produced by spontaneous or induced abortion, sort of analogy, it’s related to, putting this in a blunt way, it
simply throwing the fetus away in the bin she saw as will of course be far too crude, but it’s analogous to saying
insensitive and disrespectful, for her it was neither like an should we use organs that have been obtained from
appendix or a person but ‘in between the two’ and executed criminals? Whether it’s again a second ethical
deserving of respect because it was a potential baby. issue in relating abortion to execution by the death
So in relation to the aborted fetus contradictory mean- penalty, but that’s a very severe reaction isn’t it?’’ PM1
ings are attached to it as both waste and a corpse (Maynard policymaker
Moody, 1995), or something in between. In Britain in the
Interestingly here it is the fetus rather than the woman
hospital, the fetus ex utero may be treated as a corpse,
who is regarded as the organ donor. The woman’s role as
a dead person and, at the discretion of the hospital, it may
donor disappears from view. The donation of an aborted
be buried or cremated following miscarriage even though
fetus is therefore an ambiguous and controversial practice
legally it has no status as a person but is ‘mother’s tissue’
that is embroiled within the politics of abortion and moral
(Human Tissue Authority, 2006a; Royal College of Obste-
controversies surrounding the woman’s decision to termi-
tricians and Gynaecologists, 2005). ‘Respectful disposal’ has
nate the pregnancy.
become good practice and accords a ‘special status’ to the
fetus, acknowledging the moral controversies surrounding
Fetal tissue collection in utero
it. Such practices have also been applied to the abortion
clinic, though interviewees said that respectful disposal is
While most of the research teams interviewed collect
costly and therefore seldom carried out in the independent
fetal tissue following its expulsion from the woman’s body
sector. Whether women want to be confronted with deci-
one team collect the cells at the time of the termination by
sions about how to dispose of the fetus was also ques-
inserting a cannula into the woman’s uterus and the fetal
tioned. It isn’t clear just how widespread the practices of
heart. As this clinical scientist explained:
cremation or burial of fetuses are but since most abortions
take place in the independent sector, it seems that the ‘‘So, there are two types of fetal tissue collection. Ours is
majority of aborted fetuses are incinerated as waste. very unusual which involves instrumentation prior to the
Respondents also drew parallels between the fetus and termination – now maybe they’re asleep because they
an organ donor. can’t change their mind – instrumentation prior to the
termination to allow us to collect SCs, and then the clinical
‘‘But if you can develop stem cells from naturally aborted
termination takes place. Whereas many people you talk to,
fetuses then there’s no difference to that kind of therapy or
just run round and fiddle through a bucket and pull out bits
to any therapy like organ transplants, it’s along the same
of brain or eyes or pancreas or something and play with it
lines.’’ AC2 activist in abortion politics
in the laboratory. Which is different.’’
Here the woman is seen as donating a miscarried fetus ‘‘In our research we collect blood and things from the fetus
in the same way as if she were donating an organ but in the before it dies or as it dies, collection may hasten its death.
extract below, her relationship to the deliberately aborted But I think we approach that by saying it’s all part of the
fetus is seen as distinct from that of someone donating termination procedure which has started at the end of
a kidney. which the fetus ends up dead.’’ CL2 clinical scientist
‘‘I mean that is an element that’s not present for someone This raises a number of complex issues in relation to the
who is killed in a car accident. A person who is killed in collection procedure itself and the ethical dilemmas it poses.
1754 J. Kent / Social Science & Medicine 67 (2008) 1747–1756

In fetal medicine and maternity care the fetus is just start doing it. There’s a strong history of that in fetal
frequently regarded as a patient. Women and health medicine.’’ CL2 clinical scientist
professionals commonly regard it as a ‘baby’ (Williams,
The clinician slips between ideas of the fetus as a baby
2005, 2006; Williams, Alderson & Farsides, 2001). It is the
(subject) and as experimental object. The experimental
construction of the fetus as a patient and ‘work object’
nature of fetal medicine (Casper, 1998) provides a particular
which erases and conflicts with the women, and under-
kind of context for the collection of SCs in utero where
mines notions of bodily integrity (Casper, 1998). In utero the
penetration of a woman’s body and interventions which
fetus is accorded the status of a patient and clinicians and
require cannulation of her uterus are commonplace.
pregnant women in the maternity unit frequently ascribe
independence to it and interventions are directed towards
Conclusions
assuring its well being.
In the abortion clinic the fetus is a different kind of work
At the beginning of this paper I set out to explore the
object. Staff try to minimise and counter references to the
features of the fetal tissue economy in Britain, to under-
fetus as a ‘baby’. Ultrasound to confirm and date the
stand the exchange relationships between women who
pregnancy before termination is common practice but
have an abortion, those who procure and use fetal tissue in
women are not encouraged to look at the screen, nor have
stem cell science, and to explore how an unwanted preg-
a copy of the picture, nor look at what they pass if they have
nancy is transformed into a valued research resource. I also
a medical abortion:
wanted to draw out some comparisons between the fetal
‘‘Q: Do you call it an embryo or a fetus? tissue economy and ‘embryonic economies’ and draw
A: Fetus or pregnancy tissue depending on who I’m talking attention to a different group of women who are enrolled in
to. stem cell science in order to suggest that fetal tissue use is
Q: And what does it depend on? another dimension of the gendered bioeconomy under-
A: To patients, I would talk if they were having a – at the pinning SC science (Waldby & Cooper, 2008).
moment I only look after women who are having abor- There are then a number of key features of the fetal
tions. So I would usually say ‘pregnancy tissue’ to them and tissue economy in Britain and a number of comparisons
explain to them the procedure. If they were further on in that can be drawn between the fetal tissue economy and
their pregnancy and they were having a late medical ‘embryonic economies’. First, abortion is a common
termination, I would probably use the word ‘fetus’ because procedure strictly regulated by law and abortion in order to
it’s more developed and formed and they need to know provide fetal tissue for research is illegal. It is permitted for
that before they come in for the procedure.[...] because fetal tissue to be used in research and there are guidelines
the fear is if they’re having it done medically that they for researchers but these have been interpreted in different
could see the fetus being passed, so we kind of encourage ways and there is local variation in the kinds of information
them not to look at anything they pass and to let us look, given to women asked to donate tissue to stem cell science.
but at the same time, have to warn them that it’s not just There has been no national oversight of research using fetal
a ball of cells, it does look like a wee tiny fetus.’’ CL4 nurse tissue and, outside the scientific community, little is known
about the numbers of fetuses collected or their value to
In this view then the woman who loses a pregnancy
stem cell science. The extent to which women should be
‘miscarries’ a ‘baby’ but a woman having a termination
given specific information about the use of the tissue in
passes ‘pregnancy tissue’ or a ‘fetus’.
research was a matter of concern and confusion amongst
In accordance with the separation principle of the Pol-
scientists who thought that the Polkinghorne requirement
kinghorne guidelines most stem cell researchers do not
of general, that is non-specific, consent contradicted good
themselves have direct contact with the woman in the
practice in other areas such as the collection of embryos for
abortion clinic but, as indicated above, a research nurse acts
SC research. The notion of informed consent therefore is
as an intermediary. Collection takes place once the abortion
problematic in this context but there were also suggestions
procedure has been completed. In contrast, the method of
that some women might not want to know what happened
collecting SC in utero, though rare, brings the researcher
to the fetus after the termination. Research nurses act as
into direct contact with the woman who agrees to
intermediaries between the abortion clinic and the
a different method of abortion. However, in the context of
researchers in the laboratory. In contrast, as the work of
fetal medicine, this method of collection appears ‘normal-
Franklin and others testifies, there have been concerted
ised’ as this clinician explained, linking his daily clinical
attempts to develop national standards for human
practice and research:
embryonic stem cell derivation and banking and ethical
‘‘..the standards for doing anything therapeutically to protocols for patient information and informed consent
fetuses are very high, you can’t do anything more than (Franklin et al., 2008). The supply of embryos for stem cell
trivial risk yet you’re dealing with conditions that have research is more strictly regulated and centrally managed.
a huge mortality and morbidity rate.’’ [.] And that’s why Second, women who have abortion and those under-
most fetal research is probably done without ethical going IVF treatment were seen as different kind of donors.
permission, starting off with someone just trying some- The former were perceived as more likely to be engaged in
thing semi-experimentally, but not in a research sense, in ‘risky’ (sexual) behaviour and to produce material that is
extremis trying to do something that might save a baby’s both biologically and symbolically contaminated. Donation
life. And they do a few cases and it seems to work, so they was thought to be a way of redeeming them as good
J. Kent / Social Science & Medicine 67 (2008) 1747–1756 1755

citizens but also to potentially assist with grieving around ways in which stem cell science transforms the connections
the termination. There was no evidence of expectations between death and life.
that research would benefit women undergoing abortion,
or of reciprocal exchange relationships like those in IVF Acknowledgements
clinics described by Franklin. But while it was suggested
that, in contrast to women in IVF clinics, women under- ESRC grant Res-340-25-002. Thanks to the interviewees,
going abortion had no long-term commitment to either Geraldine Kinsella for transcription work, the anonymous
abortion care or research, the reasons why some women reviewers and Klaus Hoeyer for their helpful comments.
will donate fetal tissue were largely unexplained by the Naomi Pfeffer collaborated on the project, was involved in
data collected in this study. the design and collection of data, data analysis and com-
Third, women’s relationship to the aborted fetus was mented on drafts of this paper. An earlier version was
seen as different in important respects to that of the couple presented to the BSA Reproduction study group in
in the IVF clinic making decisions about the fate of their December 2006.
embryos. Legally the fetus is the woman’s tissue, or
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