Bioethical-legal dilemmas and countermeasures of the implementation of physical function maintenance technology in brain-dead pregnancy
10.12026/j.issn.1001-8565.2026.08.11
- VernacularTitle:脑死亡妊娠中身体机能维持技术实施的生命伦理法困境与应对对策
- Author:
Fengyu ZUO
1
;
Yue WANG
2
Author Information
1. The Law School， China University of Political Science and Law， Beijing 100088， China
2. School of Health Humanities， Peking University， Beijing 100191， China
- Publication Type:Journal Article
- Keywords:
physical function maintenance;
brain-death;
informed consent;
dignity in death;
living will
- From:
Chinese Medical Ethics
2026;39(8):1060-1069
- CountryChina
- Language:Chinese
-
Abstract:
Physical function maintenance in brain-dead pregnancy refers to a medical technology that， after a pregnant woman being brain-dead， sustains her uterine and related physiological functions through medical intervention， creates conditions for the normal development of the embryo （fetus）， and performs a cesarean section at an appropriate gestational week to achieve live birth. The implementation of the physical function maintenance technologies in brain-dead pregnancy breaks through the existing procreation paradigm， bearing clinical significance in protecting the life potential of the fetus and alleviating the emotional impact on kinship ethics. Meanwhile， it also faces restrictions by ethical and legal dilemmas and urgently necessitates the “responsive” support of bioethics law. The tension between dignity in death and the protection of potential life， the lack of opportunities for autonomous consent， the ambiguity of surrogate consent rules， and conflicts with traditional Chinese bioethical concepts collectively reflect the ethical concerns over the implementation of physical function maintenance technologies in brain-dead pregnancy. However， the bioethical and legal status of fetal potential life， as well as presumed consent and surrogate consent as permissible forms of informed consent under special conditions， validates the legitimate basis of maternal physiologic support after brain death. In terms of countermeasures， it is essential to adhere to the disputable approach of “case-by-case deliberation” in bioethics law. Based on the specific circumstances of individual clinical cases， it is also necessary to balance and consider multiple ethical evaluation factors， including the clear prior will expression of the parties concerned， fetal development and survival possibility， and the decision-making results of surrogate consent.
