Can Ectogestation be Ended? The Importance of Legal Personhood in 'Switching Off' Artificial Amnion and Placenta Technology

Abstract

Artificial Amnion and Placenta Technology is intended to improve mortality rates amongst extremely premature neonates. This thesis examines if it would be possible to 'switch off' the technology once a gestateling is already undergoing ectogestation. If the gestateling is determined to possess legal personhood is key to this debate, and this thesis explores how this question changes dependent on the answer.

If the gestateling is legally comparable to a fetus, the role that abortion law could play must be analysed. Equally, if the gestateling is determined to be a neonate it must be considered if there could be a non-treatment decision made on behalf of the entity. Ultimately, this question cannot be entirely answered as a gestateling appears to defy the present binary definition of legal personhood. It is vital that the issue of legal personhood is resolved before the introduction of ectogestation, to ensure that wider issues such as if the technology could be 'switched off' can be fully explored.