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Policy on the sale of bodies, body parts and tissue

Under section 32 of the Human Tissue Act 2004, it is an offence to engage in commercial dealings in bodily material, such as organs or tissue, for the purposes of transplantation. A person guilty of an offence under section 32 is liable to imprisonment for up to a year and/or a fine.

The HT Act is however silent on the sale of bodies, body parts or tissue for other purposes, and such sales are therefore outside the remit of the Human Tissue Authority (HTA).

The remit of the HTA is to regulate the consent and licensing provisions under the Act. Certain activities require appropriate consent to be in place in order for these to lawfully take place, and a number of these activities are also licensable. The HTA’s code of practice on consent sets out guidance on how to follow the consent requirements in the Act. Guidance on licensing requirements is available on this website.

Those involved in the sale or purchase of human bodies, body parts or tissue, and those who may host adverts for such sales (such as internet sites or newspapers), will have their own professional standards to follow. As part of setting and maintaining these professional standards, individuals and organisations intending to advertise, sell or purchase human bodies, body parts or tissue should consider the appropriateness of doing so within these established frameworks. Those involved in the sale or purchase of human bodies, body parts or tissue should ensure that they are aware of the consent and licensing provisions under the HT Act (see above). Those selling or hosting human bodies, body parts or tissue for sale should also reference that purchasers may need to be aware of consent and licensing provisions of the HT Act.

A key principle on which the Act is based is that all bodies, body parts or tissue should be treated with respect and dignity. The HTA considers that the need to maintain dignity and respect is paramount in the handling of all human bodies and tissue.