Cell
division
by George J. Annas, 4/21/2002 |
Delegates from around the world met at the United Nations recently
to begin preparing an international treaty to outlaw the reproductive
cloning of humans. Representatives from countries as diverse as Brazil
and Sweden, Uganda and China, Japan, Germany, and France all strongly
support a treaty to ban reproductive cloning.
No country wants to allow use of the ''Dolly the sheep'' cloning
technique - the one since used to create mice, pigs, cows, and most
recently, rabbits and a kitten - to make a human child. Virtually
every nation agrees that children should not be commodified like
barnyard animals or pets, even like beloved cats or dogs.
The powerful global consensus that human reproductive cloning should
be outlawed provides an unprecedented opportunity for the world
to take united action on a bioethical issue that could profoundly
affect the future of our species. It would be a tragedy if this
opportunity were lost because the United States refuses to support
a ban.
The United States has, nonetheless, threatened to take its ball
and go home if the world community does not give in to its demands
to outlaw not just reproductive cloning but also research cloning.
(Sometimes called ''therapeutic cloning'' - though no therapies
have been produced - research cloning involves making human embryos
by somatic cell nuclear transfer with the goal of deriving stem
cells for medical research.) This all-or-nothing, take-it-or-leave-it
approach is the same position taken by the House of Representatives
last August, and repeated this month by President Bush, who has
urged the Senate to join the House in outlawing both reproductive
and research cloning.
The Senate will debate the ban soon. Observers think the outcome
is too close to call, but unless a compromise can be reached so
that outlawing reproductive cloning is not held hostage to banning
research cloning, the likely outcome is that no law will pass. Without
congressional action banning reproductive cloning in the United
States, it will likely be attempted by its radical proponents -
Panos Zavos, a specialist in turkey sperm, and the Raelians, a Canada-based
group that believes humans were created by extraterrestrials - long
before any UN treaty comes into force. Zavos's partner, Italian
physician Serverino Antinori, announced recently in Abu Dhabi that
a patient of his is eight weeks pregnant with a human clone. Even
though this is almost certainly untrue, Antinori and Zavos seem
determined to try to produce the world's first human clone regardless
of world opinion and the overwhelming scientific evidence of likely
serious physical harm to the child. Can a compromise be found that
can stop the renegades while permitting legitimate medical research?
The first step toward a solution is to understand the Bush administration's
position. Leon Kass, its intellectual architect and the head of
the president's newly formed Bioethics Council, has argued eloquently
and passionately that if you oppose creating a child by cloning,
you must also oppose creating human embryos for research by cloning.
This is because, he says, if research cloning is permitted, it is
inevitable that someone will try to implant one of the cloned embryos
in a woman, and once this occurs, no government would ever force
the woman to abort the clone. Moreover, he argues, research cloning
would result in private industry stockpiling human embryos, and
mining, exploiting, and selling them. Opponents of research cloning
are already running radio ads warning of ''embryo hatcheries'' and
''embryo farms.'' A ban on implanting these embryos, Kass says,
would require the government to destroy cloned embryos rather than
preserve and protect this form of nascent human life, action that
would be repugnant to many.
Kass reiterated this position in January when he opened the first
meeting of the Bioethics Council with a discussion of Nathaniel
Hawthorne's ''The Birthmark.'' In the story, a scientist, Alymer,
marries a beautiful young woman, Georgiana, who has a small handlike
birthmark on her face. Alymer becomes obsessed with removing it,
and the potion he ultimately creates to successfully remove it also
kills her. Imperfection, of course, is an inherent characteristic
of humans, and attempting to make the perfect human is certainly
dangerous, and ultimately impossible. Kass takes the story as a
cautionary tale that science's attempt to perfect humans by, among
other things, changing our basic sexual nature (as by making sexual
reproduction optional) could have deadly consequences.
I am sympathetic to Kass's slippery slope argument, and have even
gone further than Kass by suggesting that by combining cloning technology
with genetic engineering, we would inevitably put ourselves on the
eugenics road not just to ''designer babies'' but to attempting
to create perfect humans as well. If we fail, the consequences would
be felt primarily by the children created in the failed experiments.
But if we succeed, the consequences would be even deadlier, since
the ''improved'' posthumans would inevitably come to view the ''naturals''
as inferior, as a subspecies of humans suitable for exploitation,
slavery, or even extermination. Ultimately, it is this prospect
of what can be termed ''genetic genocide'' that makes cloning combined
with genetic engineering a potential weapon of mass destruction,
and the biologist who would attempt it a potential bioterrorist.
So Kass (and Bush, and the United States at the United Nations)
is right to caution us about the limits of our technology and the
slippery slope. Alymer was wrong to see human perfection through
scientific technique as a reasonable human goal, and ''The Birthmark''
rightly warns us about that nightmarish eugenic goal. But is Kass
right to oppose research cloning aimed at finding cures for devastating
human diseases and alleviating severe human suffering, historically
both important and completely legitimate goals of medical research?
I don't think so, at least not if we can take effective regulatory
steps. And this points the way to a possible political compromise.
There are two basic ways the Senate could act to stop baby-making
cloners without outlawing research on cloned embryos. The first
is to put a moratorium on research cloning until the use of adult
stem cells is fully explored, and/or until research using stem cells
from ''spare'' or leftover embryos created at in vitro fertilization
clinics is demonstrated to be of therapeutic value in tissue regeneration.
The second, and I think better and more permanent, solution is
to create a regulatory framework that would make the administration's
dreaded commercial stockpiles (and farms) of cloned embryos and
the initiation of a pregnancy with one of them virtually impossible.
Regulation would be a challenge. Historically, embryo research
has never been regulated, primarily because the US government has
never funded it. Nonetheless, Congress has the authority to regulate
all such research, not just publicly funded research, if it wants
to. In particular, Congress could greatly improve the overall ethics
of now wholly unregulated research with cloned human embryos, permitting
the science to proceed, and at the same time virtually guarantee
that no cloned human embryo lawfully made would be implanted - or
even have to be ordered destroyed by the government.
Here's how it would work. Ideally, Congress would create a federal
oversight authority (similar to England's Human Fertilization and
Embryology Authority) that would have exclusive authority to approve
any proposed embryo research project, including those in the private
sector. Approval would only be granted for those projects soundly
designed to address a compelling medical need that could be successfully
addressed no other way.
To prevent the horrors envisioned by Kass and the administration,
specifically the stockpiling and commercial use of cloned research
embryos and the implanting of a research embryo to start a pregnancy,
at least three prohibitions are required:
The freezing and storage of cloned embryos should be outlawed.
Cloned embryos would be created solely for use in approved research
projects, and there is no reason to ''store'' or ''stockpile'' them
since the research embryos are destroyed in the research process.
A strict limit of seven days should be placed on the length of time
any cloned human embryo can be maintained.
The purchase and sale of human eggs and human embryos should be
outlawed. This would help to eliminate the increasing commercialization
of embryo research and the commodification of both human eggs and
embryos.
All individuals, including physicians, scientists, and biotech
companies who have not been approved to do research cloning must
be prohibited from making or possessing cloned embryos. In addition,
all in vitro fertilization clinics and physicians and embryologists
associated with them would be specifically prohibited from doing
research on cloned embryos - making it virtually impossible for
a cloned embryo to ever be used to initiate a pregnancy.
Alymer's real crime was that he was unable to separate his love
for his wife from his love of science, and in joining them, he killed
her. Combining bans on both reproductive and research cloning in
one bill is likely to kill the anticloning legislation as well.
And since reasonable compromise is available, this lethal outcome
is unnecessary.
We can sketch a parallel from another regulatory realm that helps
demonstrate that the law can effectively ban one activity without
banning two related activities. There is a reasonable argument that
an effective ban on offensive biological weapons research requires
a ban on defensive biological weapons research as well. Nonetheless,
it would be self-defeating and irrational to refuse to support a
ban on offensive weapons research solely because defensive research
was not banned simultaneously. Defensive biowarfare research can
be used to make an offensive weapon, of course, but this requires
both a much greater volume of toxins as well as their introduction
into a delivery system.
Likewise, cloned embryos could be used to make babies, but we are
much more likely to prevent this eventuality with a ban on implanting
human cloned embryos, such as that proposed by Senator Edward M.
Kennedy, (coupled with regulation of embryo research) than with
no regulation of cloning at all. It's time for Congress to pass
a ban, and for the United States to support the treaty banning reproductive
cloning. We can outlaw cloning to engineer children without outlawing
cloning to engineer medicines.
This story ran on page E1 of the Boston
Globe on 4/21/2002
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