Abstract

Baby Theresa, in her short 9-day life, cast a national spotlight on the question “Should anencephalic infants be used for organ procurement?” In denying her parents′ wishes to donate the baby's healthy organs to other children in need of kidneys, liver, heart, and lungs, Circuit Court Judge Estella Moriarty said, “I cannot authorized someone to take your baby's life, however short, however unsatisfactory, to save another child.”In citing a1988 Florida statute that does not allow a person to be declared dead while any part of the brain is functioning, Judge Moriarty ruled that doctors could only remove organs not vital to Theresa Ann's life. As the baby slowly died, so too did her vital organs