Lecture notes, textbook notes, academic articles and class notes on embryo and stem cell research. From the London School of Economics and Political Science. Emily Jackson textbook and lecture notes. Ideal for medical law exams and essays! In-depth notes to succeed :)
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Embryo Research and Stem Cell Therapies:
- Tension ensuring its safe, but also motivating researchers
- Difficult area to regulate as regulators don’t know what harms to look out for until they materialise
Embryo Research
First Stages of Human Life:
- Fertilisation one cell zygote Process of cell division begins Blastocyst Inner cell mass contains stem cells.
Stem Cell Therapy Aims To…
- Control the process of differentiation of stem cells so as to create new specialised tissue to replace any damaged tissue
e.g. organs or in the brain. [for organ transplants]
The Moral Status of An Embryo:
- After stem cells are taken from embryos, they are likely to be destroyed
o Big issue: looking at the status of the embryo and what limits there are [needing to be reflected on legislation]
See the 4 views:
1. Embryo= A person therefore, morally unacceptable to do any research on it
But….
a) Fertilisation is a process and not a moment
b) Many fertilised eggs never implant
c) Not all cells form part of the eventual human some form placenta/ umbilical cord
d) Up to 14 days, embryo can split into multiple embryos.
2. A potential person and should treat it with an elevated status. John Marshall: since it has the potential to be a person,
nothing should be done to undermine its ability to realise that potential
But….
a) We don’t normally treat someone as though they have realised their potential when they haven’t yet
done so
b) Not all embryos have the potential to become people some are not viable.
What happens to these? If they don’t have the potential, do they no longer have the special
status? Or do they still have the special status?
c) Do eggs and sperm also have the potential to be a person?
Pragmatic concerns means that all forms of contraception would be prohibited as they stop
people from fertilising an egg. Only ethical form of contraception would be condoms. This
also means that IVF would be non-ethical
d) Would this exclude most contraception and IVF?
3. A compromise position: not a person, but worthy of respect [as it is a member of our species]
Respected in different ways. E.g. can only conduct research on embryos if they have a clear and respectable
purpose. Accepting that embryos have a unique value.
4. A more permissive approach?
• Embryos do not possess the attributes which ground our respect for persons.
• So, they can be researched on until they do. At…
• Sentience (<27 weeks)?
• Birth?
Which best reflects your view of the moral status of an embryo?
o Your answer impacts how you view regulation and the approach we should take to research
1. A person
2. A potential person
3. A unique entity which warrants special respect
o The Law falls here
4. A non-person which can be experimented on liberally?
A Brief History of the Regulation of Embryo Research
1969 First report of successful IVF of an egg
1978 First IVF baby born it became clear that this was going to be used widely in practice from here on out
1982 Warnock Committee appointed looking into how we should regulate this area.
1984 Warnock Report published they found the compromise position. They decided that you can conduct research on
embryos, but only up to 14 days.
1985/6 Unborn Children [Protection] BillsReport was as controversial saw a lot of attempts in parliament to block this,
with some pushing to ban research entirely. This actually won a parliamentary majority, but they didn’t have enough
time procedurally to get it through
1990 Human Fertilisation and Embryology Act
2008 HFE Act amended to bring up to date with latest advancements
Regulation of Embryo Research:
- Governed by the Human Fertilisation and Embryology Act 1990 (as amended)
- Must gain licence from the Human Fertilisation and Embryology Authority (HFEA).
o Who will decide on a case by case basis
- Here, actually have to determine whether or not your research is concerning embryos [whether it falls under the
definition]
, What is an Embryo?
- Original Human Fertilisation and Embryology Act 1990
o Section 1(1)(a) – In this Act, except where otherwise stated, embryo means a live human embryo where
fertilisation is complete.
→ two difficulties:
Cloning
Hybrids
Cloning:
- Cloning= no fertilisation!
o Dolly the sheep
- … in humans intention not to created cloned human, but to generate stem cells!
o Use exact copy of DNA to make an embyro
- Stem cells are pluripotent and can become any of the cells in the body.
- They will be genetically identical to the nuclear DNA donor→ no risk of rejection.
Did cloned embryos come under the HFE Act 1990?
- R (Quintavalle) v Secretary of State for Health [2003] 2 W.L.R. 692 HL,
o per Lord Steyn:
The long title of the 1990 Act makes clear, and it is in any event self-evident, that Parliament intended
the protective regulatory system in connection with human embryos to be comprehensive. This
protective purpose was plainly not intended to be tied to the particular way in which an embryo might
be created.
o Also Lord Millett:
The purpose of the opening words of the paragraph is not to define the word “embryo” but to rather to
limit it to an embryo which is (i) live and (ii) human. These are the essential characteristics which an
embryo must possess if it is to be given statutory protection.
Found that cloned embryos ought to be covered! Embryos regardless of how they are
created.
Human/animal hybrids:
- For basic research (ie to work out how to extract stem cells), is it necessary to use human eggs?
o Can use animal eggs and mix with human DNA if you’re testing stem cells would them be destroyed later.
Amending the HFE Act:
- Human Fertilisation and Embryology Act, as amended by Human Fertilisation and Embryology Act 2008
- Section 1(1) – in this Act
o (a) embryo means a live human embryo and does not include a human admixed embryo
o (b) references to an embryo include an egg that is in the process of fertilisation or is undergoing any other
process capable of resulting in an embryo [includes cloning].
- Section 4A provides that it is only possible to create a human admixed embryo (i.e. a hybrid) under licence.
o Very few given out
The Source of Embryos:
- Two possible sources:
o Embryos left over from IVF
o Embryos created for the purpose of research
- Schedule 2 para (3)(1)(a): it is legal to create embryos for research purposes, but the proposed number of embryos
must be necessary.
o Have to create the MINIMUM number of embryos and has to be proven to be necessary.
Reflecting the compromise position
- Nb is creating embryos for the purpose of research morally worse?
o It has been argued in the HoL that using one from IVF is better as it was intended to create a baby this makes
it less instrumentalised than creating one solely for the purposes of research [to later be destroyed]
But, some disagree we don’t base the moral status of an entity based off of its intentions in creation
The Purpose of Research:
- Schedule 2, 2(3A)(2): the principal purposes [that the research ought to attempt to achieve] are
o Increasing knowledge about serious disease or other serious medical conditions,
o Developing treatments for serious disease or other serious medical conditions,
o Increasing knowledge about the causes of any congenital disease or congenital medical condition that does not
fall within paragraph (a),
o Promoting advances in the treatment of infertility,
o Increasing knowledge about the causes of miscarriage,
o Developing more effective techniques of contraception,
o Developing methods for detecting the presence of gene, chromosome or mitochondrion abnormalities in
embryos before implantation, or
o Increasing knowledge about the development of embryos.
The Use of Embryos must be ‘necessary’ [so if you can do the same with animals, can’t use embryos]
- The Human Fertilisation and Embryology Act 1990 Schedule 2 –
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