Beyond Henrietta Lacks: How the Law Has Denied Every American Ownership Rights to Their Own Cells

Beyond Henrietta Lacks: How the Law Has Denied Every American Ownership Rights to Their Own Cells

A 2017 portrait of Henrietta Lacks.

Collection of the Smithsonian National Portrait Gallery and National Museum of African American History and Culture, Gift from Kadir Nelson and the JKBN Group LLC.

The common perception is that Henrietta Lacks was a victim of poverty and racism when in 1951 doctors took samples of her cervical cancer without her knowledge or permission and turned them into the world's first immortalized cell line, which they called HeLa. The cell line became a workhorse of biomedical research and facilitated the creation of medical treatments and cures worth untold billions of dollars. Neither Lacks nor her family ever received a penny of those riches.

But racism and poverty is not to blame for Lacks' exploitation—the reality is even worse. In fact all patients, then and now, regardless of social or economic status, have absolutely no right to cells that are taken from their bodies. Some have called this biological slavery.

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