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Defending Life 2011

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ith each passing year, we face new and increasingly complex

challenges to the sanctity of human life. Medical research andnew biotechnologies are advancing far faster than our society’s ethical and

legal constraints ensuring their moral use. When Aldous Huxley wrote

Brave New World in 1932, human cloning was just science ction. Today,

human cloning is a reality.

We have seen extraordinary advances in medical research over the past 10

years. The once languishing area of stem cell research has surged to life.

Every day, new treatments developed from adult stem cells are being used

to treat real people suffering from once incurable diseases and serious inju-

ries. Others, while not cured, have made such progress that their illnesses

or injuries no longer dominate their everyday lives, and they once again

engage in life in a way they never thought possible.

Scientists have been able to help patients suffering from over 70 differ-

ent diseases and injuriesincluding brain cancer, leukemia, lymphoma,

Crone’s disease, Lupus, heart damage, Parkinson’s, Sickle cell anemia,

and end-stage bladder diseaseusing adult stem cells. Conversely, mor-

ally-problematic embryonic stem-cell research has not helped a single hu-

man patient.

Despite the promising advances in adult stem-cell research, many scien-

tists and politicians continue to seek unfettered freedom (and our tax dol-

lars) for immoral uses of biotechnology in the hope of miracle cures. If

we do not act with greater urgency, the abuse of nascent human life will

become more entrenched and far more difcult to regulate. Powerful ethi-

cal and legal limits are needed to preserve and protect the sanctity of all

human life.

In this section, we have focused on providing accurate and up-to-dateinformation on advances in biotechnology, including human cloning, de-

structive embryo research (DER), and ethical alternatives to DERsuch

as adult stem cells, human skin cells, and cord blood.

Moreover, capitalizing on the national debate over the “Octo-Mom” and

W

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557

Americans United for Life

ers. Moreover, research breakthroughs since

2007 are opening the door for the reprogram-

ming of adult stem cells into the embryonic

stem cell statewithout the use or destruction

of human embryos.

Adult stem cells have helped patients with over

70 different diseases, with more being continu-

ally added. The future of human cures is not in

destroying some humans to treat others. It is in

ethical treatments that treat all human life with

dignity and respect. But proponents of embry-

onic stem-cell research have purposely created

a false impression

that embryonic stem

cells have a proventherapeutic use, when

they have in reality

never helped a single

human patient.

In addition to the facts

that 1) it is necessary

to destroy nascent hu-

man life to obtain em-

bryonic stem cells for research, and 2) embryonic stem-cell research

has never helped a human patient, such re-

search is also immoral because the only way to

obtain the human eggs necessary to create em-

bryos is to exploit women. A woman normally

only produces one or two eggs per reproduc-

tive cycle. To obtain enough eggs for research,

a woman must take drugs that will cause her to

super-ovulate, releasing 10-15 eggs at a time,

and undergo an invasive surgical procedure in

order to retrieve them. Thus, it is simply not

possible to obtain enough eggs from willing

women to adequately pursue this research or

treat possible diseases that may come from any

breakthroughs using embryonic stem cells.3

The U.S. Supreme Court has never ruled on

the legal status of a human embryo outside of

the mother’s womb. In August 2001, Presi-

dent George W. Bush announced that federal

funding would be allowed only for research

on then-existing embryonic stem-cell lines.But in March 2009, President Barack Obama

signed an Executive Order reversing that pol-

icy. President Obama’s decision to fund such

destructive researchwhich runs counter to

federal law under the Dickey-Weber amend-

ment that prohibits research that will harm an

embryowas immediately challenged in fed-

eral court, but a Cir-

cuit court has allowed

the funding to contin-ue while the case is in

litigation.

It is, therefore, up to

the states to institute

protective measures.

Currently, seven

states either expressly

or impliedly ban DER

on embryos createdthrough in vitro fertilization (IVF) or cloned

human embryos, and 19 states ban fetal experi-

mentation. In addition to these direct bans on

research, at least six states restrict funding or

the use of state facilities for DER, and 16 states

have passed legislation encouraging the use of

adult stem cells or umbilical cord blood and/or

the donation of umbilical cord blood.

AUL has drafted several models to help states

curb ineffective, unethical research and pro-

mote ethical research that is already making a

difference. These models include the “Destruc-

tive Embryo Research Act” banning destruc-

tive embryo research; a “Prohibition on Public



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Funding of Human Cloning and Destructive

Embryo Research Act”; and an “Egg Provider

Protection Act,” focused on preventing the ex-

ploitation of women.

Human Cloning

One of the inherent problems in using embry-

onic stem cells in therapies is the problem of

transplantation. If a transplanted cell’s DNA

is even somewhat different from the DNA of

the person being treated, the body usually sees

those cells as invaders and kills them off

much like what happens when whole-organ

transplants are rejected because of the recipi-

ent’s immune system response. Without theuse of drugs to suppress the patient’s immune

system, transplanted tissue generally survives

only a few hours or days.

To overcome this inherent problem, scientists

began pursuing human cloning as a method

for obtaining genetically-compatible cells for

transplantation. Human cloning is the process

through which an human egg is taken from

a woman, the nucleus is removed, and then

it is replaced with a nucleus from a patient’s

body cell. Using electrical shock or “chemical

bath,” the egg is tricked into believing it has

been fertilized, and it begins to divide, becom-

ing a human embryo.

A general misconception exists that there are

two types of human cloning: therapeutic clon-

ing (or “cloning-for-biomedical-research”) andreproductive cloning (or “cloning-to-produce-

children”). However, these designations are

simply two different rationales or justications

offered for the same procedure, known medi-

cally as “somatic cell nuclear transfer,” or hu-

man cloning.

Both rationales are morally wrong because

both scientically begin with the creation of a

cloned human being at the embryonic stage of

life. The differing justications that one clone

is destined to be destroyed for its stem cells

and the other for implantation in a womb donotand cannotchange the basic scientic

fact that the cloned human embryos created

for therapeutic or reproductive purposes are

simultaneously human beings. For this rea

son and others, comprehensive bans on human

cloning should be enacted in the 50 states and

by the U.S. Congress.

Currently, no federal law bans human cloning

for any purpose, and the U.S. Supreme Courhas not yet spoken on the subject. However

seven states ban human cloning for any pur-

pose, while eight states ban cloning-to-pro-

duce-children. Five states have no laws ban-

ning human cloning, but do possess statutes

which may be interpreted as prohibiting harm-

ful experimentation on IVF-created or cloned

human embryos. Conversely, at least seven

states fund cloning or embryonic stem-cell re-

search.

AUL has drafted a “Human Cloning Prohibi-

tion Act” to assist states seeking to ban human

cloning for all purposes. And as previously

mentioned, AUL has also drafted a model bil

prohibiting the public funding of such unethi-

cal research.

Assisted Reproductive Technologies (ART)

In vitro fertilization (IVF) is the fertilization

of a human egg by a human sperm outside a

woman’s body, in a laboratory. The term “as

sisted reproductive technology” (ART) encom-

passes both IVF as well as other newer forms





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• There are increasing numbers of mul-

tiple births (with associated health and

safety concerns), as well as the use

of so-called selective reductions (i.e.,

abortions) of unborn children.

AUL has drafted model legislation, entitled the

“Assisted Reproductive Technologies Disclo-

sure and Risk Reduction Act,” aimed at ensur-

ing truly informed consent by couples under-

going ART processes as well as regulating the

number of embryos that can be transferred in a

single reproductive cycle.

Embryo Adoption

The lack of ART regulation has left hundreds

of thousands of embryos frozen in time. But

through embryo adoption, couples can adopt

so-called leftover embryos from other couples

who have already undergone IVF. This pro-

cess represents an emerging alternative to the

traditional options left to IVF parents: inde-

nite cryopreservation, donation to anonymous

persons, or donation for research.

Not only does embryo adoption allow parents

to choose an alternative other than destruction

for research, but it also offers a more attractive

option than donation. When the embryos are

donated to other couples, as opposed to adopt-

ed by them, the process is anonymous and the

placement is usually determined by the fertility

clinic’s physician. Receiving couples usually

undergo only basic medical screening and psy-chological counseling.

When embryos are adopted, on the other hand,

the process is typically much more open. The

adopting family will likely have access to the

child’s history, a potential match for future or-

gan donation, and the possibility of a relation-

ship with the placing family. Programs such

as the Snowake Embryo Adoption Program

require adopting couples to undergo extensive

screening, such as ngerprinting, background

checks, home studies, infant CPR, and par-enting classes. Placing families and adoptive

families prepare informational portfolios about

themselvesdossiers including everything

from photographs to information regarding

religious backgrounds. Like birth mothers

genetic parents use this information to choose

adoptive parents to bear and raise their em-

bryos.

Currently, however, embryos are usuallystranded in a sort of legal no man’s-land. Many

courts are reluctant to classify embryos as prop-

erty, but they also do not characterize them as

human beings. Laws regarding embryo dona-

tion and adoption are, at best, unsettled. There

are no federal laws which specically address

these issues, but three states have provided

general guidance for embryo donation and al-

low for embryo adoption.

AUL has crafted a model bill, entitled the

“Embryo Adoption Act,” for states interested

in explicitly permitting embryo adoption and

bringing it under the auspices of their existing

adoption laws.

Genetic Testing and Discrimination

Genetic testing is currently available for 1,500diseases, and tests for hundreds of others are

currently being developed.6 But, as with other

areas of biotechnological success, ethical is-

sues have arisen with the advancement of ge-

netic testing. For example, can health insur

ance companies use the results of genetic test-



561


ing in granting or denying coverage? Or can

employers screen the genetic information of

potential employees before making hiring or

promotion decisions?

Denying health insurance coverage on the ba-sis of genetic disease is not new. In the 1970s,

some insurance companies denied coverage or

charged higher premiums to African Ameri-

cans who carried the Sickle cell anemia gene.

More recently, young children were denied

health insurance because they carried a re-

cessive genetic disease. In another example,

the health insurance coverage of a young boy

with Fragile X Syndrome (an inherited form of

mental retardation) was dropped; the companyclaimed the syndrome was a pre-existing con-

dition. On the employment front, workers for

Burlington Northern Sante Fe Railroad were

tested for genetic predisposition to carpal tun-

nel syndrome.

In 2008, Congress took an initial step toward

protecting patients against such discrimination

by passing the “Genetic Information Nondis-

crimination Act” (GINA). GINA prohibits em-ployers and health insurers from discriminat-

ing against persons on the basis of their genetic

information.

But this is only an initial step. GINA only pro-

tects against discrimination by employers and

health insurersit does not prohibit discrimi-

nation by life, disability, or long-term care in-

surers. Further, no current federal law or U.S.

Supreme Court precedent addresses the issue

of prenatal testing and the proper use of the

results of genetic testing performed on the un-

born. Therefore, it is up to the states to ensure

that their citizens are not discriminated against

by health, life, disability, and long-term care

insurers.

Some states already address prenatal testing in

one way or anothereither by afrming life

or, sadly, by encouraging abortion. While most

states and the District of Columbia encouragelife by prohibiting discrimination by insurance

companies, there are a number of states that

encourage the “prevention” (i.e., abortion) of

birth defects through the use of amniocentesis

and prenatal testing. At least 14 states encour-

age such genetic testing or allow discrimina-

tion by insurance companies.

KEY TERMS

• Adult stem cellssemi-specialized

cells that create the end-stage cells

that do the work of the body. Pres-

ent throughout life, they continually

work to replace dying end-stage cells.

There are no ethical difculties asso-

ciated with using these cells as there

are with embryonic stem cells. Some-

times referred to as “multipotent stem

cells,” more than 70 different diseaseshave been treated with these cells.

• Cloningthe creation, by whatever

technique, of an entity genetically

identical to another entity already in

existence. Through cloning, the new

entity has only one genetic parent, not

two as in normal reproduction.

• Cloning-for-biomedical-research

the creation of a new human being at

the embryonic stage of life genetically

identical to a single parent, with the in-

tention of harvesting the clone’s stem

cells for experimentation, thereby re-



Defending Life 2011

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sulting in the destruction of the cloned

human being.

• Cloning-to-produce-childrenthe

creation of a new human being at the

embryonic stage of life geneticallyidentical to a single parent, with the

intention that the cloned human be-

ing will be implanted in a womb and

born.

• Cord blood stem cellan adult stem

cell found in the umbilical cord blood

of newborn infants. Umbilical cords,

which are routinely discarded, were

discovered to have an unusually highconcentration of adult stem cells which

are very easy to obtain and are capable

of treating a host of diseases. In 2006,

Congress passed legislation that will

create a national umbilical cord blood

bank similar to the national bone mar-

row system for the public.

• Embryoan entity that, through

whatever means (normal reproduc-tion, cloning, or other method), has a

full complement of DNA and, with the

proper environment and nutrition and

unless otherwise interrupted, will de-

velop along the natural course of pro-

gression for that species into further

stages of development until natural

death.

• Embryonic stem cellan early-stage

stem cell obtained by destroying em-

bryos of the same species. Embry-

onic stem cells can become virtually

any type of cell in the body, but only

if properly directed in their develop-

ment. This naturally happens in the

organized human embryo, but is some-

thing that scientists have yet to learn

how to control. The primary ethi-

cal issues associated with using these

cells are that they currently require thedestruction of a living human embryo

and that use of such cells in medical

research constitutes unethical experi-

mentation when there has not been ad-

equate research using animals. Some-

times referred to as “pluripotent stem

cells,” there is not a single disease that

physicians can treat with these cells.

• Genetic discrimination discrimination which “occurs if people are treat-

ed unfairly because of differences in

their DNA that increase their chances

of getting a certain disease. For ex-

ample, a health insurer might refuse to

give coverage to a woman who has a

DNA difference that raises her odds of

getting breast cancer. Employers also

could use DNA information to decide

whether to hire or re workers.”7

• Genetic testingtesting “developed

to nd DNA differences that affect

our health.”8 In other words, these are

tests which “look for alterations in a

person’s genes or changes in the level

of key proteins coded for by specic

genes.”9 It is believed that healthcare

providers will be able to utilize “infor-

mation about each person’s DNA to

develop more individualized ways of

detecting, treating and preventing dis-

ease.”10

• Somatic cell nuclear transfer



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(SCNT)a type of cloning. A pro-

cess in which the nucleus (and there-

fore the original DNA) is removed

from an egg and discarded, the nucleus

of a somatic (or body) cell containing

the genetic material of another entity istransplanted into the egg, and an elec-

tric shock or chemical solution is used

to trick the egg into believing it has

been fertilized. The egg, containing

another entity’s DNA, begins dividing

as any other early embryo.

• Zygotea one-cell embryo. From

this one cell will arise every cell in

the body. Sometimes inaccurately re-ferred to as a fertilized egg or “totipo-

tent cell.”

MYTHS & FACTS

Myth: Embryonic stem-cell researchers are

close to nding cures for a host of terrible dis-

eases, like cancer, diabetes, and neurological

disorders such as Parkinson’s.

Fact: Embryonic stem cells are unable to cureanyone of anything. Instead, use of the cells in

humans does little good and can do great harm

(through tumor formation). . Adult stem-cell

research is helping cure or treat more than 70

diseases, with more work being prepared for or

currently in clinical trials.

Myth: Embryonic stem-cell research, includ-

ing the destruction of embryos for their parts,

is morally and ethically acceptable.

Fact: Even if breakthroughs using embry-

onic stem cells do occur, it is still unethical

to destroy human embryos for their “parts.”

Regardless of the perceived or real benet of

destroying human embryos, there is no ethi-

cal justication for destroying nascent human

life regardless of its origins. It is never right to

intentionally kill innocent human life to save

another’s life, especially in such a systematic

manner.

Myth: Cloned human embryos are not reallyhuman.

Fact: This would mean that Dolly, the rst

mammal clone, was not a sheep, despite the

fact she was created using a sheep egg and

sheep DNA and after birth looked and acted

like a sheep. If cloned human embryos are not

human, then what are they? The only logical

answer is that a cloned human embryo is fully

human.

Myth: We do not owe a right to life to cloned

embryos. They are an unnatural aberration.

Fact: Regardless of the ethical issues sur-

rounding the creation of human clones or why

a clone was created, if created it should not be

forbidden to live. We do not require the de-

struction of human life when created through

other unethical means (e.g ., rape). Laws

against creating cloned embryos should not re-

quire the clone’s destruction.

Myth: A ban on destructive human embryo

research or human cloning will stie scien-

tic research or economic development in my

state.

Fact: Few companies even do this research, in

part because there are no foreseeable cures that

will recoup the dollars needed for investment.

And, if embryonic stem-cell research ends up

not producing cures, companies may not sur-

vive long enough to produce any benet.

Myth: Embryos left over from in vitro fertil-

ization (IVF) procedures are just going to die

anyway. We should get some benet from



Defending Life 2011

564

them.

Fact: It is not necessarily the case that em-

bryos left over from IVF procedures will be

destroyed. Some parents change their mind

and decide to implant the embryos to give

them a chance at survival. Increasingly, infer-tile couples are adopting embryos that would

otherwise be destroyed or languish in cryo-

preservation. Even if these embryos would be

destroyed, it does not give us the right to use

them for research material.

Myth: You cannot compare a clump of cells

smaller than the tip of pencil to an existing hu-

man being who is suffering and may die with-

out this research.Fact: It is not your size or location that gives

you value and dignity; rather, it is your status

as a member of the human race. Every human

being, whether as small as the tip of a pencil or

as large as a sumo wrestler, deserves the pro-

tections accorded to all other human beings. If

we decide that some members of the human

race should not receive those protections, then

we are all at risk if the rich, powerful, or a sim-

ple majority decides some of us are no longer worthy of life11.

Myth: Adult stem cells are not as capable as

embryonic stem cells.

Fact: While it is generally agreed that embry-

onic stem cells are more exible in becoming

different tissue types than adult stem cells,

the idea that adult cells are not as capable as

embryonic cells for use in treatments is pure

speculation. Currently, adult cells are much

more capable of treating human beings than

embryonic cells, which have yet to cure a sin-

gle disease.

Myth: Promoting embryo adoption will limit

the availability of embryos for research and

will therefore prevent us from discovering im-

portant cures for debilitating diseases.

Fact: The vast majority of embryos in storage

(over 80 percent) are reserved for the genetic

parents’ possible future use. Encouraging em-bryo adoption will simply lessen the number of

embryos that remain indenitely suspended in

frozen storage, and further allow loving fami-

lies to bear and raise children.

Myth: Now that the federal government has

passed GINA, patients are fully protected.

Fact: GINA does not cover everyone. For

example, GINA does not cover members of

the military. In addition, GINA only pertainsto employers and health insurers. It does no

prohibit discrimination by life, disability, or

long-term care insurers. Furthermore, GINA

is only a minimum standard of protection that

must be met in all states. States are free to pass

laws providing more protection and more re-

strictions on the use of genetic information by

insurers and others.

Myth: Americans who possess certain genetictraits are already protected under the “Ameri-

cans with Disabilities Act” (ADA).

Fact: While it is true that the ADA prohib-

its employers from discriminating against dis-

abled persons who are capable of performing

their duties with reasonable accommodation

and the Equal Employment Opportunities

Commission (EEOC) has stated that healthy

persons with genetic predispositions to a dis-

ease fall within the scope of the ADA, this car-

ries no weight with insurance companies, who

are not held accountable to the EEOC in their

decisions of who and who not to insure. Thus

GINA and state laws are necessary to protect

individuals from such discrimination on the



565


part of insurance companies.

Myth: My state adequately protects me against

genetic discrimination.

Fact: While at least 40 states and the District

of Columbia prohibit discrimination in healthinsurance policies based upon the results of

genetic testing, the degree of protection dif-

fers. For example, some states specically

prohibit health insurers from requiring testing,

while others allow health insurers to consider

the results of tests only if the patients volun-

tarily submit favorable results. On the other

hand, some states actually encourage genetic

testing or allow discrimination in certain types

of health insurance policies. Thus, states areencouraged to enact further restrictions limit-

ing the use of genetic information by all insur-

ance companies.

Endnotes1 Michael J. Schlambott et. al., Derivation of pluripotent stem

cells from cultured human primordial germ cells, PRoc. nat’L

acaD. sci. usa 95:23, 13726-731 (1998).2 See M. J. Evans & M. H. Kaufman, Establishment in culture

of pluripotential cells from mouse embryos, natuRe 292, 154–56

(1981).3 See David Prentice, Under the Microscope: A Scientic Look at

Cloning, faMiLy PoLicy 15:3. See also Wesley J. Smith, Lessons

From the Cloning Debate: The Need for a Secular Approach,

in huMan Dignity in the Biotech centuRy 194-96 (Charles W.

Colson & Nigel M. de S. Cameron, eds. 2004) (explaining that

it is not physiologically possible to obtain enough eggs to treat

disease through stem cell research and human cloning).4 President’s Council on Bioethics, Reproduction & Responsibil-

ity (March 2004).5 Id . at 51.6 Genetic & Public Policy Center of Johns Hopkins University,

Genetic Privacy & Discrimination (updated March 2009), avail-

able at http://www.dnapolicy.org/policy.privacy.php (last visitedJuly 17, 2009).7 National Human Genome Research Institute, Genetic Discrimi-

nation Fact Sheet: Genetic Information Nondiscrimination Law

of 2008 (updated January 9, 2009), available at http://www.ge-

nome.gov/10002328 (last visited July 17, 2009).8 Id .9 National Human Genome Research Institute, Frequently Asked

Questions About Genetic Testing (February 5, 2009), available at

http://www.genome.gov/19516567 (last visited July 17, 2009).10 National Human Genome Research Institute, Genetic Dis-

crimination Fact Sheet: Genetic Information Nondiscrimination

Law of 2008, supra.11 AUL Senior Vice President of Legal Affairs William Saunders

addresses the moral status of the human embryo in The Human

Embryo in Debate, in HUMAN DIGNITY IN THE BIOTECH

CENTURY 115 (C.W. Colson & N. Cameron, eds. 2004).





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Laws Related to Destructive Embryo Research

Eight states either expressly or implicitly ban destructive human embryo

research on IVF-created embryos and/or cloned human embryos: AZ, LA, ME,

MN, NM, OK, PA, and SD

One state expressly permits destructive experimentation on IVF-created

embryos: MI

One state permits destructive experimentation on both cloned human embryos

and cloned human fetuses up to live birth: NJ





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Ethical Alternatives to Human Cloning Research

At least 17 states promote or encourage the use of umbilical cord cells and/or

other forms of adult stem cells for research: AZ, CO, FL, GA, MD, MA, MO, NE,NJ, NM, NY, NC, OH, OK, TN, TX, and VA.



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Other Restrictions on Cloning &

Destructive Human Embryo Research

Nineteen states continue to ban so-called fetal experimentation: FL, KY, LA, ME,MA, MN, MT, NE, NM, ND, OH, OK, PA, RI, SD, TN, TX, UT, and WY. (However,

four federal courts have invalidated other states’ fetal experimentation laws.)



571


Laws Related to Chimeras

Two states prohibit the creation of human-animal hybrids: AZ and LA



Defending Life 2011

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State Regulation of ART

Only one state comprehensively regulates ART/IVF and facilities performing such

procedures: PA

At least ve states regulate the donation and/or transfer of human sperm, human

eggs, or pre-embryos: CA, FL, ID, NY, and OK

Four states require some form of informed consent or impose specic contractual

requirements for ART/IVF: AR, CT, MA, and VA



573


Other State Regulations of ART

At least ve states regulate the types of healthcare providers that can perform

ART/IVF: AR, CT, ID, NH, and OR

Two states regulate gestational surrogacy: FL and NY

At least two other states provide minimal regulation of ART/IVF: SD and TX



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Laws Regarding Life & Parenthood in ART

Only one state by law denes an embryo conceived through ART/IVF as a “juridical

person”: LA

Two states regulate the use and treatment of gametes, neonates, embryos, or fetuses:

MI and SD

At least six states terminate parental rights/responsibilities of donors or otherwise

govern the legal status of children conceived through the use of ART/IVF: AL, CA,

CT, DE, FL, and ND

One state has a law regarding inheritance rights of children conceived in IVF: MN



575


Laws Related to Embryo Donation & Adoption

Four states have laws in effect providing some general guidance for embryo

donation: CA, OH, OK, and TX.

Three states have laws in effect providing some general guidance for embryo

donation and allow for embryo adoption: FL, GA, and LA.

One state requires some form of informed consent to be given in for egg donation:

AZ



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576

ne of the basic foundations of Ameri-

can society is that human beings have

inherent dignity and, therefore, are always to

be treated as ends and never merely as means

to an end. Consequently, even the noble goal

of healing people must not be achieved by the

immoral means of destroying other human be-

ings, including those at the embryonic stageof life. Of all human beings, embryos are the

most defenseless against abuse. The intention-

al destruction of some human beings for the

alleged good of other human beings is always

morally wrong. Therefore, destroying human

embryos to harvest their stem cells should be

legally proscribed, as should all forms of hu-

man cloning.

Unfortunately, the ongoing legislative debatesin state houses around the nation over mea-

sures to proscribe or support stem cell research

and human cloning are lled with hyperbole

and misinformation. The following is just a

sampling of important information all too often

missing or withheld from crucial public discus-

sions over the desirability and morality of re-

search and experimentation on human beings

at the earliest stages of life:

• The American people and their elected

representatives should be cautious of

the seductive claims of medical utopia

made by biotech research rms who

have a strong nancial interest in us-

ing human beings as commodities

Biotech companies advocating for the

legalization and government funding

of embryonic stem-cell research usu

ally neglect to inform the public tha

embryonic research is far superceded

in successful current applications by

those derived from ethical researchprincipally that involving adult stem

cells.

• Bans on medical research that destroy

human life at its earliest stages or tha

creates human life for further research

or experimentation (i.e., human clon

ing) would have the indirect benet of

allowing research money and effort to

be directed to the already productiveeld of adult stem-cell transplantation

and somatic cell gene therapies. These

procedures are free of the ethical di

lemmas associated with destructive

human embryo research.

• Importantly, adult stem cells have a

proven record of effective clinica

remedies, which cannot be said for em-

bryonic stem cells. To date, scientistshave been able to help patients suf-

fering from over 70 different diseases

and injuriesincluding brain cancer

leukemia, lymphoma, Crone’s disease

Lupus, heart damage, Parkinson’s

O

2010 State Legislative Sessions in Review:Bioethics & biotechnology

By Mailee R. Smith

Sta Counsel, Americans United for Life



577


Sickle cell anemia, and end-stage blad-

der diseaseusing adult stem cells.

No clinical use of human embryonic

stem cells has yet been published in

the scientic literature.

• A general misconception exists that

there are two types of human clon-

ing“cloning-to-produce-children”

and “cloning-for-biomedical-re-

search.” In truth, these designations

are simply two different rationales

or justications offered for the same

procedure, known medically as “so-

matic cell nuclear transfer,” or human

cloning. Both rationales are morallywrong because scientically both be-

gin with the creation of a cloned hu-

man being at the embryonic stage of

life. The differing justications that

one clone is destined for implantation

in a womb and the other is destined

to be destroyed for its stem cells do

notand cannotchange the basic

scientic fact that the cloned human

embryos created for both reproductiveor therapeutic purposes are simultane-

ously human beings.

In 2010, 26 states considered approximately 83

measures related to biotechnologies. This rep-

resents a 13% decrease in the number of mea-

sures considered (as compared to 2009 activity

levels). The most active states were Arizona,

California, Michigan, and New Jersey.

Human Cloning

At least two states – Arizona and West Virginia

– considered complete bans on human cloning,

while New Mexico considered a ban on “re-

productive cloning” only. This represents a sig-

nicant decline from 2009 activity levels when

11 states considered bans on human cloning.

Arizona enacted a measure prohibiting the in-

tentional creation of an embryo by any meansother than fertilization of a human egg by a

human sperm, thereby banning cloning for all

purposes.

Michigan considered measures to restrict hu-

man cloning, specically providing “an indi-

vidual shall not intentionally transport, attempt

to transport, or cause to be transported into the

state a human embryo created through human

cloning.”

Destructive Embryo Research

At least two states – Arizona and Mississippi

– considered bans on destructive embryo re-

search. This represents a signicant decline

from 2009 activity levels when 12 states con-

sidered bans on destructive embryo research.

Arizona enacted a measure providing that “[a]person shall not intentionally or knowingly en-

gage in destructive human embryonic stem cell

research (any research that involves the disag-

gregation of any human embryo for the pur-

pose of creating any human embryo or for the

purpose of creating human pluriopotent stem

cells or human pluriopotent stem cell lines).”

Conversely, New Mexico and South Dakota

considered measures to promote or permit de-

structive embryo research.

At least eight states – Arizona, California,

Connecticut, Maryland, Michigan, Mississip-

pi, New Mexico, and South Dakota – consid-



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ered measures to regulate destructive embryo

research.

California established the Stem Cell Research

Advisory Committee whose members “shall

work to advance embryonic and human adultstem cell research.”

California also adopted the Stem Cell and Bio-

technology Education and Workforce Devel-

opment Act of 2009. The Act establishes “stem

cell and biotechnology education and work-

force development” as a state priority; pro-

motes stronger links among

industry sectors, the state,

the Institute for Regenera-tive Medicine, and public

schools; and requires the

State Department of Educa-

tion to post certain related

information on its website

and to inform science teach-

ers and school districts of a

related curriculum.

Fetal Experimentation:

Florida considered a measure providing that

“no person shall use any live fetus or live,

premature infant for any type of scientic, re-

search, laboratory, or other kind of experimen-

tation prior to or subsequent to any termination

of pregnancy procedure except as necessary to

protect or preserve the life and health of such

fetus or premature infant.”

Ethical Forms of Research

At least seven states – Alabama, Illinois, Mary-

land, Massachusetts, Mississippi, New Jersey,

and Ohio – sought to promote ethical alterna-

tives to destructive forms of embryo research

including adult stem-cell research and research

using umbilical cord blood.

Ohio enacted a measure requiring the Ohio

Department of Health to place printable infor-mation on umbilical cord blood banking and

donation on its web site. The Department of

Health will also encourage health care profes-

sionals to specically provide this information

to pregnant women.

Tennessee enacted a measure directing the

Tennessee Department of

Health to encourage health

care professionals to pro-vide pregnant women with

a publication containing

information on cord blood

banking.

State Funding of Biotech-

nology

Funding bans on cloning

and/or destructive embryoresearch were considered in at least three states

– Mississippi, Missouri, and New Jersey.

Chimeras

At least four states – Arizona, Michigan, Ohio

and Oklahoma – considered bans on the cre-

ation of chimeras (human-animal hybrids).

Arizona enacted a measure banning the cre-

ation, transfer, and transportation or receipt of

human-animal hybrids.

Assisted Reproductive Technology



579

Nearly 40% of this year’s biotechnology mea-

sures (32) related to assisted reproductive

technologies (ART) and surrogacy. Considered

measures included regulations on ART, mea-

sures related to parentage of children conceived

using ART, and insurance coverage mandates.

California enacted a measure requiring that

any advertising for egg donors (for fertility

treatments) contain a statement “relating to the

potential health risks associated with human

egg donation.” Another measure requiring

that a woman undergoing fertility treatments

document an “ongoing physician-patient” re-

lationship with “another physician” during and

following her fertility treatments was vetoed.

Virginia enacted a measure related to sur-

rogacy contracts, providing that after birth a

surrogate may relinquish her parental rights to

the intended parents, if at least one intended

parent is the genetic parent of the child, by

signing a surrogate consent and report form

naming the intended parents and making it a

Class 1 misdemeanor to accept compensation

for otherwise arranging or inducing intendedparents and surrogates to enter into surrogacy

contracts.

Minnesota enacted a measure that, among oth-

er general estate law provisions, concerns the

inheritance rights of children conceived using

ART.

Florida considered measures providing com-

prehensive regulation of ART, while other

states, including Iowa, Kansas, Louisiana,

Michigan, and New York, considered more tar-

geted regulations of in-vitro fertilization (IVF)

procedures, sperm donation, or surrogacy con-

tracts.

Iowa and Minnesota considered measures re-

lated to parentage and inheritance rights of

children conceived using IVF, including chil-

dren conceived after the death of a donor-par-

ent.

At least seven states – Maine, Maryland, Mas-

sachusetts, Missouri, New Hampshire, New

Jersey, and Pennsylvania – considered mea-

sures requiring insurance coverage for ART.

Embryo Adoption

Two states – Massachusetts and Missouri –

considered measures related to embryo adop-

tion.

Human Egg Donation

At least four states – Arizona, Florida, New

Jersey, and Oklahoma – considered regula-

tions on human egg donations, also known as

“human egg harvesting.” Three states focused

on fully-informed consent for the procedure,

requiring complete medical evaluations for

donors, and/or limiting compensation for do-nors, while New Jersey considered the Ovarian

Health Protection Act which would have com-

pletely prohibited the procurement or use of

human eggs for research or experimentation.

Arizona enacted a measure requiring that wom-

en providing eggs receive certain information

on the risks of egg harvesting and prohibiting

payment for eggs to be used for research pur-

poses.

Genetic Discrimination

Rhode Island considered a measure providing

the statutory framework for licensing and regu-

lating genetic counselors.

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