Is Cryonics Legal? A Deep Dive into the Legalities of Freezing the Future

The short answer is: yes, cryonics is generally legal in the United States. However, it’s crucial to understand that the legal landscape surrounding cryonics is complex and largely unregulated. There are no specific federal or state laws in the U.S. that explicitly address cryonics by name. Instead, the practice operates within existing legal frameworks related to death, contracts, and property rights. This lack of direct regulation can lead to a host of ethical and legal challenges, as we will explore.

Understanding the Legal Grey Area

Since no laws specifically target cryonics, its legality hinges on compliance with laws concerning death and the handling of deceased individuals. The most fundamental requirement is that cryopreservation can only begin after legal death. This means a physician must have declared the individual dead according to established medical and legal criteria.

Legal vs. Biological Death

This brings up a critical distinction: legal death and biological death are not always synchronous. A person can be legally dead, meeting the criteria for cessation of vital functions (like heartbeat and breathing), without being biologically dead at a cellular level. This is a crucial point because cryonics aims to preserve cellular structure before significant degradation occurs. Therefore, the initial stage of cryopreservation, including procedures like vitrification (using cryoprotectants to prevent ice crystal formation), must occur as swiftly as possible after legal pronouncement of death.

Contract Law and Cryonics

The relationship between a cryonics facility and its member is essentially a contractual agreement. Individuals pay membership fees, either directly or through life insurance policies, in exchange for cryopreservation services upon their legal death. These contracts stipulate how the body will be handled, including procedures for standby, transport, vitrification, and long-term storage.

The Problem of Family Disagreement

One of the most significant legal issues involves potential conflicts between the cryo-patient’s will and their family. Relatives who don’t agree with the idea of cryopreservation might try to take control of the body after death, hindering the implementation of the cryonics contract. This can lead to legal battles as the cryonics facility fights to enforce its contractual obligations and the deceased’s wishes. The presence of clear and legally sound directives within the cryopreservation contract and the individual’s will are crucial for avoiding these challenges.

Property Rights and the Deceased

Upon death, the body becomes subject to laws regarding property rights. While it is not “owned” by anyone, next-of-kin traditionally have significant say in the disposition of remains. Conflicts arise when those wishes conflict with a deceased individual’s contract with a cryonics facility. This is particularly complex when the “property” in question is a cryopreserved person.

Future Legal Considerations

As cryonics gains traction and technology evolves, new legal and ethical questions are certain to arise. For instance:

• The Definition of “Life”: As reanimation technologies potentially advance, there will be intense discussion on whether a previously cryopreserved person should be considered “alive” and what rights such a person would have.
• Liability: What liabilities do cryonics organizations carry if reanimation attempts fail? What will be their responsibility towards individuals restored to life?
• Interstate and International Laws: As cryopreservation gains acceptance, conflicts of laws might arise concerning the transport and storage of cryopreserved individuals across state or international borders.

In summary, while cryonics isn’t illegal, it’s far from being fully legally defined. Its legal standing is a constantly evolving area of debate, intertwined with evolving technology and societal acceptance.

Frequently Asked Questions (FAQs) About Cryonics and the Law

1. Can I be cryogenically frozen while I’m still alive?

No. Cryopreservation can only be initiated after legal death has been declared by a medical professional. The person cannot be alive and frozen.

2. Has anyone ever been successfully revived from cryopreservation?

No. Currently, the technology to successfully revive a person from cryopreservation does not exist. The process is designed to preserve the body’s tissues, but not with the ability to bring someone back to life with our current scientific understanding.

3. What happens if my family doesn’t agree with my decision to be cryopreserved?

This is a significant legal hurdle. Family members may attempt to take control of the body and prevent cryopreservation. It is crucial to have a clear and legally sound will and contractual agreement that outlines your wishes to be cryopreserved and includes the name of the cryonics company you plan to use.

4. How much does cryopreservation typically cost?

The cost of cryopreservation varies. Full-body cryopreservation can range from $200,000, while neuro-preservation (brain only) is around $80,000. These costs often paid through life insurance policies.

5. What are the primary risks associated with cryonics?

One significant risk is that legal death may occur before the cryonics team can initiate the cooling process, which results in tissue damage. Also, autopsies, especially brain dissections, can severely impact the quality of preservation. Furthermore, the main risk is there is no scientific guarantee of successful reanimation.

6. What is vitrification, and why is it important in cryonics?

Vitrification is a process where a cryoprotective agent is used to replace water in the cells, preventing ice crystals from forming during cooling. Ice crystal formation can cause significant tissue damage. Vitrification aims to prevent that damage.

7. How many people have been cryopreserved to date?

Approximately 500 people worldwide have undergone cryopreservation, with the majority in the United States. Thousands more are on waiting lists and have taken steps to join a cryonics organization.

8. Who was the first person cryopreserved?

Professor James Bedford was the first person cryopreserved, in 1967. His body was found to be preserved, but damaged, when evaluated in 1991.

9. What is the difference between cryogenics and cryonics?

Cryogenics is the study of extremely low temperatures. Cryonics is the practice of preserving legally dead individuals at low temperatures with the hope of future revival. They are not the same.

10. What are the chances of cryonics actually working?

The chances are highly speculative. One estimate put it as low as a 15% chance. The likelihood of success largely depends on the advancements in future technologies.

11. How does the cryopreservation process typically begin?

The process ideally begins within minutes of legal death. The body is cooled, and cryoprotective agents are introduced through blood perfusion before long-term storage.

12. Can a person be brought back after being frozen for 100 years?

It depends on the preservation method used. Basic freezing that allows the formation of ice crystals leads to cellular destruction, and the individual would be considered dead. Other preservation methods, which are used in cryonics facilities, can only partially maintain organs in usable condition, and there is no guarantee of future successful reanimation.

13. How long can a person stay in cryostasis?

Theoretically, cryostasis can preserve a person for years, centuries, or potentially even millennia, with little to no physical aging during this period, but there is no scientific evidence proving that a person can come back to life.

14. Do you age in cryosleep?

You age very slowly. The metabolic rate almost ceases. The purpose is to slow everything down to the point of almost zero biological reactions and delay any degradation of tissue.

15. Is cryonics legal in other countries?

The legality of cryonics varies globally. Many nations have not yet specifically addressed the practice, and the same kinds of legal issues seen in the US, are present. In some countries, specific laws may complicate the process.