Cord Blood Banking In India: Examining Legal, Ethical And Social Challenges
- IJLLR Journal
- 3 days ago
- 2 min read
Ms. Jyoti Mukherjee, Assistant Professor, Jyotirmoy School of Law, University of Calcutta, West Bengal
Dr. Debashree Chakraborty, Associate Professor, Department of Legal Science, Techno India University, Kolkata, West Bengal
ABSTRACT
“Cord blood banking” has emerged as a significant biomedical advancement, offering an alternative source of “hematopoietic stem cells” for treating diseases such as “leukemia”, “thalassemia”, “lymphoma” and “immune deficiencies”. In India, the practice raises complex legal, ethical and social questions due to limited regulation and unequal accessibility. This study explores the development of cord blood preservation, types of banks (public, private and hybrid) and the medical potential of stem cell therapy. It highlights how private banks, often marketed as a form of “biological insurance”, dominate the sector despite the low probability of autologous use and high storage costs, which restrict access to affluent families. Conversely, public banks remain underdeveloped, limiting equitable healthcare opportunities. The paper examines existing guidelines from the Indian Council of Medical Research (ICMR), Drug Controller General of India (DCGI) and National Accreditation Board for Hospitals (NABH), noting the absence of a dedicated legislative framework that addresses ownership, consent and privacy concerns. Ethical dilemmas such as informed consent, commercialization, and exploitation through misleading advertising are analysed alongside the need for stronger regulatory oversight. Socially, the study emphasizes awareness, affordability and trust as key determinants for sustainable cord blood banking. The findings suggest that a comprehensive, rights-based legal framework and strengthened public banking infrastructure are essential to ensure transparency, equity and public benefit. The research concludes that cord blood preservation in India is not only a medical innovation but a socio-legal responsibility demanding coordinated policy, ethical governance and public participation.
Keywords: cord blood banking, stem cell therapy, legal framework, social issues, public health.
