Homo chimaera after homo sapiens?: the legal status of human–non-human chimaeras with human brain cells

Recent scientific developments have made possible something that would once—not long ago—have seemed out of a science fiction film: the creation of a human and non-human chimaera with human brain cells and their eventual birth. This has posed novel challenges for lawmakers. Laws have been established to allow for the creation of these entities; the challenge now is to define their legal status. Such chimaeras are neither entirely animal nor entirely human, but unlike other chimeric creatures, they share a feature with humans that has long been considered the basis of the special legal status afforded to the human person: human brain cells. This feature is unlikely to prove sufficient to replicate the human brain. Likewise, it is improbable that these creatures will reach the same levels of autonomous thinking and consciousness as humans. Still, such enhanced chimaeras might acquire capacities that distinguish them from other animals. As such, a special legal status must be created to accommodate their specific characteristics. This paper will analyse the legal status that should be granted to these chimeric entities in light of the existing laws.