abstract This paper re‐examines some well‐known and commonly accepted arguments for the non‐individuality of the embryo, due mainly to the work of John Harris. The first concerns the alleged non‐differentiation of the embryoblast from the trophoblast. The second concerns monozygotic twinning and the relevance of the primitive streak. The third concerns the totipotency of the cells of the early embryo. I argue that on a proper analysis of both the empirical facts of embryological development, and the metaphysical importance (...) or otherwise of those facts, all three arguments are found wanting. None of them establishes that the embryo is not an individual human being from the moment of conception. (shrink)

This paper re-examines some well-known and commonly accepted arguments for the non-individuality of the embryo, due mainly to the work of John Harris. The first concerns the alleged non-differentiation of the embryoblast from the trophoblast. The second concerns monozygotic twinning and the relevance of the primitive streak. The third concerns the totipotency of the cells of the early embryo. I argue that on a proper analysis of both the empirical facts of embryological development, and the metaphysical importance or (...) otherwise of those facts, all three arguments are found wanting. None of them establishes that the embryo is not an individual human being from the moment of conception. (shrink)

The author draws on his own experience of helping to make and deliver public policy to indicate the wider context in which ethical decisions have to be made: the law, contested interpretations of the law which have to be settled in the courts, and wider political and economic factors. He argues that the concept of respect for the early embryo does have substance because of the strict regulatory regime of the Human Fertilisation and Embryology Authority (HFEA). He considers the (...) arguments that the early embryo ‘[e]njoys the full rights of the human being and should be accorded respect owed to a human being’. He concludes that these arguments are not finally convincing. He also looks at the moral status of the early embryo in Christian tradition and argues that perhaps from the fourth and certainly from the seventh century in the West until 1869, offences against the early embryo were regarded as less serious than offences against the embryo when developed further. For these reasons he concludes that there should be no absolute prohibition against research on an early embryo up to fourteen days. He also looks at recent cases involving pre-implantation diagnosis (PGD) and tissue typing with a view to obtaining matching tissue from an early embryo for a sibling suffering from a life-threatening disease. Although a distinction has been made between what might be licit in the case of a genetic disorder in the sibling but illicit if the disorder is not genetic, he argues that it could be in the best interests of the early embryo, the child that is to be, if in either case if it was selected with a view to matching the tissue of a sibling. (shrink)

Cameron and Williamson have provided a provocative and timely review of the ethical questions prompted by the birth of Dolly. The question Cameron and Williamson seek to address is “In the world of Dolly, when does a human embryo acquire respect?”. Their initial discussion sets the scene by providing a valuable overview of attitudes towards the embryo, summarising various religious, scientific, and philosophical viewpoints. They then ask, “What has Dolly changed?” and identify five changes, the first being that (...) fertilisation is no longer required to create an embryo. Following this analysis they then ask when an embryo created other than by fertilisation begins to acquire respect. This paper explores the ethical and legal issues highlighted by Cameron and Williamson’s paper. (shrink)

Human embryonic stem cell research has generated considerable discussion and debate in bioethics. Bioethical discourse tends to focus on the moral status of the embryo as the central issue, however, and it is unclear how much this reflects broader community values and beliefs related to stem cell research. This paper presents the results of a study which aims to identify and classify the issues and arguments that have arisen in public discourse associated with one prominent policy episode in (...) the United States: the 2004 Californian Stem Cell Research and Cures Initiative. The findings show that public discourse about Proposition 71 is characterised by a broader range of issues than those usually addressed in scholarly publications and public policy documents. While attention to the moral status of the embryo is an important issue in stem cell research, making it the main focus of public discourse has a polarising effect. This also limits opportunities to identify shared values, understand how political alliances are forged, and develop social consensus. Implications for future research and policy are discussed. (shrink)

The volume presents 20 essays on the ontological, moral, and legal status of the in vitro embryo.

One of the most significant developments in the area of reproductive health in Ireland is theRoche v. Roche[2009] case. The case concerned a woman who wished to implant cryopreserved embryos made with a former partner, against the partner’s wishes. Of particular interest are questions about the status of the embryo: in Ireland the life of “the unborn” is constitutionally protected. Therefore the courts inRochehad to decide whether embryos were “unborn” within the meaning of the Irish Constitution.

The volume presents 20 essays on the ontological, moral, and legal status of the in vitro embryo.

Those who oppose human embryonic stem cell research argue for a clear position on the metaphysical and moral status of human embryos. This position does not differ whether the embryo is present inside its mother’s reproductive tract or in a cryopreservation tank. It is worth examining, however, whether an embryo in “suspended animation” has the same status as one actively developing in utero. I will explore this question from the perspective of Thomas Aquinas’s metaphysical account of (...) human nature. I conclude that a cryopreserved human embryo counts, both metaphysically and morally, as a person; and thus the utilization of such embryos for inherently destructive research purposes is impermissible. (shrink)

Ethical conflicts have always been connected with new techniques of reproductive medicine such as in-vitro fertilization. The fundamental question is: When does human life begin and from which stage of development should the embryo be protected? This question cannot be solved by scientific findings only. In prenatal ontogenesis there is no moment during the development from the fertilized oocyte to a human being which could be recognized as an orientation point for all ethical problems connected with the question of (...) the right to dispose of prenatal life (interruption of pregnancy, research on embryos). The protection of an individual human life must be valid for all in the same manner and from the very beginning on. It must not depend on value judgments or on stages of development, so-called grades of humanity, because these would then become selection criteria. Procreated life must have the right to be born. These were the essential ethical arguments which led to the German Embryo Protection Law. (shrink)

There is an apparent gap between public policy on embryo research in the United Kingdom and its ostensible justification. The rationale is respect for the “special status” of the embryo, but the policy actively promotes research in which embryos are destroyed. Richard Harries argues that this is consistent because, the “special status” of the human embryo is less than the absolute status of persons. However, this intermediate moral status does no evident work in (...) decisions relating to the human embryo. Rather, public policy seems to be based on a different account of “special status”: that developed by Mary Warnock. According to this, the embryo has no inherent status and the language of “special status” serves rather to accommodate the feelings of those who object to embryo research. This “emotivist” account is highly problematic, not so much for its attitude to the embryo as for its subversion of public moral reasoning. (shrink)

Moral status ascribes equal obligations and rights to individuals on the basis of membership in a protected group. Substance change is an event that results in the origin or cessation of individuals who may be members of groups with equal moral status. In this paper, two substance changes that affect the moral status of human embryos are identified. The first substance change begins with fertilization and ends with the formation of the blastocyst, a biological individual with moral (...) status comparable to that ascribed to human organs. The second substance change begins at implantation and ends late in embryological development with the formation of the human body, an organism with moral status as a human being. The bioethical implications of each substance change are explored. The Two Substance Change theory is contrasted with continuity theories, which recognize no substance change in embryological development and with fertilization-only substance change theories. (shrink)

Some have argued that embryos and fetuses have the moral status of personhood because of certain criteria that are satisfied during gestation. However, these attempts to base personhood during gestation on intrinsic characteristics have uniformly been unsuccessful. Within a secular framework, another approach to establishing a moral standing for embryos and fetuses is to argue that we ought to confer some moral status upon them. There appear to be two main approaches to defending conferred moral standing; namely, consequentialist (...) and contractarian arguments. This article puts forward a consequentialist argument for the conferred moral standing of preembryos, embryos, fetuses, and infants. It states and defends an original version of the commonlyheld view that moral standing increases during gestation. It also explores the implications of this viewpoint for several issues: what is involved in showing ‘respect’ for preembryos; and whether it is permissible to create preembryos solely for research. (shrink)

Ethical conflicts have always been connected with new techniques of reproductive medicine such as in-vitro fertilization. The fundamental question is: When does human life begin and from which stage of development should the embryo be protected? This question cannot be solved by scientific findings only. In prenatal ontogenesis there is no moment during the development from the fertilized oocyte to a human being which could be recognized as an orientation point for all ethical problems connected with the question of (...) the right to dispose of prenatal life (interruption of pregnancy, research on embryos). The protection of an individual human life must be valid for all in the same manner and from the very beginning on. It must not depend on value judgments or on stages of development, so-called grades of humanity, because these would then become selection criteria. Procreated life must have the right to be born. These were the essential ethical arguments which led to the German Embryo Protection Law. (shrink)

Human embryonic moral status in the embryo debate in the Indian religious school of thoughts is a challenging issue. The paper tries to figure out whether ontological status implies moral status of embryo. Consciousness is an important determinant of animation of human embryo. In this paper an attempt had been made to understand the concept of man and soul in the Hindu philosophical thought. In the process we would also make a critical review of (...) embryology in the Hindu philosophical thought. The study would adopt a conceptual elucidation of morality. The paper made an elaborative study of Puruṣa as found in the Saṃkhya Philosophy and the study of consciousness and animation would try to resolve the related question, when does life begin to have that value? Embryo-protectionist regards embryos as a potential person. The Gita says the human person is individual self-called āttmā, whose nature is of pure consciousness, Brahman/Puruṣa. Consciousness constitutes the essentiality of individual Self. Human embryo developments are elaborately studied in the Yajñavalkya Smṛti, Garbha Upaniṣad, and Suśruta Saṃhitā. The self that remain latent in the embryo gets impetus with the association of consciousness until then it cannot be a human personality. In Hinduism sanctity of life gets combined with autonomy and self-determination. The sanctity of life applies both to the fetus as well as to the overall welfare of the society. The embryo being in an interim stage and the soul not being destroyed upon body annihilation, it may be claimed that since destruction or annihilation of the physical form does not destroy the soul, beneficial embryo research should thus not be abhorrent. The Hindu ethics as examined here precludes the consideration of the situation at hand, and causing the least harm and work according to one’s dharma. (shrink)

Recent arguments on the ethics of stem cell research have taken a novel approach to the question of the moral status of the embryo. One influential argument focuses on a property that the embryo is said to possess—namely, the property of being an entity with a rational nature or, less controversially, an entity that has the potential to acquire a rational nature—and claims that this property is also possessed by a somatic cell. Since nobody seriously thinks that (...) we have a duty to preserve the countless such cells we wash off our body every day in the shower, the argument is intended as a reductio ad absurdum of the claim that the embryo should be afforded the same moral status as a fully developed human being. This article argues that this argument is not successful and that it consequently plays into the hands of those who oppose embryonic stem cell research. It is therefore better to abandon this argument and focus instead on the different argument that potentiality, as such, is not a sufficient ground for the creation of moral obligations towards the embryo. (shrink)

I argue against the view that modern biology has undermined traditional moral rules, including the prohibition of abortion and restrictions on human embryonic stem cell research, by blurring the distinction between humans and other animals. I argue that this view depends on the false premise that an organism can be wronged only if the organism has conscious interests. I then defend a rule against harvesting stem cells in a way that kills an organism with a rational nature. Finally, I apply (...) this rule to proposals about altered nuclear transfer and animal-human chimeras. (shrink)

Suppose a fire broke out in a fertility clinic. One had time to save either a young girl, or a tray of ten human embryos. Would it be wrong to save the girl? According to Michael Sandel, the moral intuition is to save the girl; what is more, one ought to do so, and this demonstrates that human embryos do not possess full personhood, and hence deserve only limited respect and may be killed for medical research. We will argue, however, (...) that no relevant ethical implications can be drawn from the thought experiment. It demonstrates neither that one always ought to let the embryos die, nor does it allow for any general conclusion concerning the moral status of human embryos. (shrink)

Research ethics committees must sometimes deliberate about objects that do not fit nicely into any existing category. This is currently the case with the “gastruloid,” which is a self-assembling blob of cells that resembles a human embryo. The resemblance makes it tempting to group it with other members of that kind, and thus to ask whether gastruloids really are embryos. But fitting an ambiguous object into an existing category with well-worn pathways in research ethics, like the embryo, is (...) only a temporary fix. The bigger problem is that we no longer know what an embryo is. We haven’t had a non-absurd definition of ‘embryo’ for several decades and without a well-defined comparison class, asking whether gastruloids belong to the morally relevant class of things we call embryos is to ask a question without an answer. What’s the alternative? A better approach needs to avoid what I’ll refer to as “the potentiality trap” and, instead, rely on the emergence of morally salient facts about gastruloids and other synthetic embryos. (shrink)

ABSTRACT Summed up in the coinage of the term ‘pre‐embryo’is the denial that human beings, as such, begin to exist from the moment of conception. This denial, which may be thought to have significant moral implications, rests on two kinds of reason. The first is that the pre‐embryo lacks the characteristics of a human being. The second is that the pre‐embryo lacks what it takes to be an individual human being. The first reason, I argue, embodies an (...) untenable view of what it is to be human. The second reason exploits certain logical difficulties which arise over the possibility of twinning. I question the relevance of the appeal to such difficulties and conclude that there is no good reason for denying that a human being begins to exist from the moment of conception. (shrink)

The phenomenon of twinning in early fetal development has become a popular source for doubt regarding the ascription of moral status to early embryos. In this paper, the possible moral basis for such a line of reasoning is critically analysed with sceptical results. Three different versions of the argument from twinning are considered, all of which are found to rest on confusions between the actual division of embryos involed in twinning and the property of early embryos to be divisible, (...) be based on highly questionable ethical assumptions, or to imply inconsistent claims regarding the moral importance of potentiality and/or the moral status of embryos. This is taken to expose a number of related inconsistencies in the moral basis of pro-life positions. In particular, ascribing moral significance to the property of being (in)divisible is found to be incompatible with the claim that human individuals possess unique values which could underpin an absolute moral ban on murder. (shrink)

We argue in this essay that (1) the embryo is an irredeemably ambiguous entity and its ambiguity casts serious doubt on the arguments claiming its full protection or, at least, its protection against its use as a means fo research, (2) those who claim the embryo should be protected as "one of us" are committed to a position even they do not uphold in their practices, (3) views that defend the protection of the embryo in virtue of (...) its potentiality to become a person fail, and (4) the embryo does not have any rights or interests to be protected. Given that many are willing to treat the embryo as a means in other practices, and that human embryonic stem cell (hESC) research holds the potential to benefit many people, one cannot but conclude that hESC research is permissible and, because of its immense promise for alleviating human even obligatory. (shrink)

Under Chinese law, the juridical status of the embryo and the foetus is unclear, mainly because the existing legislation can be subject to diverse interpretations due to its ambiguous language. Lack of clarity with the law has led to different understandings amongst Chinese legal scholars. However, although there has been no consensus, there has been a clear tendency to deprive embryos and foetuses of legal status or personhood, thereby excluding them from entitlement to fundamental rights, an understanding (...) reinforced by the Confucian view of the beginning of life. It is expected that in the near future the Chinese courts will face issues involving embryos and foetuses more often, such as disputes over in vitro embryos. The lack of legal precedent could result in contradictory resolutions, therefore, the law should clarify the legal status of embryos and foetuses and accord to prenatal life special respect and treatment. (shrink)

In various places we have defended the position that a new human organism, that is, an individual member of the human species, comes to be at fertilization, the union of the spermatozoon and the oocyte. This individual organism, during the ordinary course of embryological development, remains the same individual and does not undergo any further substantial change, unless monozygotic twinning, or some form of chimerism occurs. Recently, in this Journal Jason Morris has challenged our position, claiming that recent findings in (...) reproductive and stem cell biology have falsified our view. He objects to our claim that a discernible substantial change occurs at conception, giving rise to the existence of a new individual of the human species. In addition, he objects to our claim that the embryo is an individual, a unified whole that persists through various changes, and thus something other than a mere aggregate of cells. Morris raises a number of objections to these claims. However, we will show that his arguments overlook key data and confuse biological, metaphysical, and ethical questions. As a result, his attempts to rebut our arguments fail. (shrink)

Assigning the appropriate moral status to different stages of human development is an urgent problem in bioethics. Many philosophers have attempted to assess developmental events using strict ontological principles to determine when a developing entity becomes essentially human. This approach is not consistent with recent findings in reproductive and stem cell biology, including the discovery of the plasticity of early embryonic development and the advent of induced pluripotent stem cells. Substance ontology should therefore not be used to determine the (...) moral status of the embryo. (shrink)

In a recent discussion of human in vitro fertilisation, Kuhse and Singer argue that it is legitimate to destroy unwanted embryos. Their argument fails: it involves at least two and possibly three logical fallacies. If the destruction of embryos is to be justified an alternative argument will have to be found.

The development of in vitro fertilisation (IVF) as a treatment for human infertilty was among the most controversial medical achievements of the modern era. In Ireland, the fate and status of supranumary (non-transferred) embryos derived from IVF brings challenges both for clinical practice and public health policy because there is no judicial or legislative framework in place to address the medical, scientific, or ethical uncertainties. Complex legal issues exist regarding informed consent and ownership of embryos, particularly the use of (...) non-transferred embryos if a couple separates or divorces. But since case law is only beginning to emerge from outside Ireland and because legislation on IVF and human embryo status is entirely absent here, this matter is poised to raise contractual, constitutional and property law issues at the highest level. Our analysis examines this medico-legal challenge in an Irish context, and summarises key decisions on this issue rendered from other jurisdictions. The contractual issues raised by the Roche case regarding informed consent and the implications the initial judgment may have for future disputes over embryos are also discussed. Our research also considers a putative Constitutional 'right to procreate' and the implications EU law may have for an Irish case concerning the fate of frozen embryos. Since current Medical Council guidelines are insufficient to ensure appropriate regulation of the advanced reproductive technologies in Ireland, the report of the Commission on Assisted Human Reproduction is most likely to influence embryo custody disputes. Public policy requires the establishment and implementation of a more comprehensive legislative framework within which assisted reproductive medical services are offered. (shrink)

Embryo adoption is a topic of considerable debate in the Church. Well over a million human embryos are currently being kept in cryogenic containers with little prospect of survival. The desire to rescue these vulnerable human beings is natural. However, the processes required to do so raise serious questions regarding the ethics of embryo adoptions. The violation of the unitive and procreative aspects of human intercourse and its ramifications on the moral status of heterologous embryo transfer (...) are key to understanding the reasoning behind some objections to human embryo adoption. (shrink)