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.
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