Human cerebral organoids as a new legal and ethical challenge

Human cerebral organoids (HCOs) are miniature brains cultivated in a dish using pluripotent human cells that, thanks to advanced technologies, tend to reproduce the development path of the brain of an embryo in the mother’s uterus. Recent data from studies carried out in different laboratories have indicated that HCOs show complex electrical activity, are receptive to light stimuli, and can command a muscle connected to them. The presence of the main neuronal structures in them suggests that, despite currently lacking vascularization and sensory exchanges with the outside world, more developed HCOs could exhibit some rudimentary form of consciousness, specifically a minimal sentience with respect to the basic experiences of pain and pleasure. Faced with this possibility, which for many scientists is still a long way off, we have begun to reflect on how we could empirically investigate the presence of consciousness. If we were certain or had a reasonable belief that some types of HCOs are sentient, what kind of entity would we judge them to be? Would they have specific legal protection? Should they be attributed to a moral status? This article tries to give an initial answer to these two questions. On the one side, it seems that no special rights can be claimed for HCOs other than those relating to human biological material. On the other side, instead, a sentient HCO could aspire to having its moral status recognized. If this were the case, the law may have to adapt to this unprecedented situation.