Ethics of Cryopreserved Embryo Adoption: Defrosting Dignitas
Personae
Jay R. Malone, MD,
Ph.D.
The ethical status of
embryo adoption, or heterotopic embryo transfer,
remains an active debate within Catholic moral theology. Opponents of the practice compare the act
of embryo adoption to surrogacy or extramarital procreation, and the debate is framed
around the question of whether it is morally licit for a woman, married or
unmarried, to gestate a genetically unrelated embryo in her uterus. An affirmative answer to this question
allows for the idea that the spousal relationship and function can exist
concomitantly with a gestational mother who is not a genetic mother. In fact, the debate around
heterotopic embryo transfer seeks to answer questions about whether genetic and
gestational motherhood can be distinguished at all. The church has spoken on
this question in Dignitas Personae, which cautions
against embryo adoption as a licit response to the injustice of
conceived and frozen embryos. However, the logic employed to support that
conclusion is unconvincing. This essay will seek to examine Dignitas Personae
directly and through supporting documents to assert that embryo adoption of
previously created and cryopreserved embryos is consistent with church
tradition and teaching, and should be allowed as a charitable response to an
existing injustice.
INTRODUCTION
It has
also been proposed, solely in order to allow human beings to be born who are
otherwise condemned to destruction, that there could be a form of "prenatal
adoption." This proposal, praiseworthy with regard to the intention of
respecting and defending human life, presents however various problems … —
Dignitas Personae (2008), II. para. 19.
As of 2015, estimates suggest that there are
over 600,000 cryopreserved embryos stored in the United States, of which around
60,000 are available for adoption.1 The embryosexist because current protocols for in vitro fertilization
(IVF) and embryo transfer (ET) for infertile couples seek to maximize the
chance of successful implantation while minimizing the risks of
therapy. The method used to achieve this end is the simultaneous creation of up
to two dozen embryos, of which some are implanted into an awaiting woman and
some are stored in the event that the first implantation is unsuccessful. As more
couples seek IVF as a solution to their infertility, the number of
cryopreserved embryos in storage continues to grow.
The church has spoken clearly on the morality
of the process of creating these embryos in the first place. Dignitas
Personae states unequivocally that, "Cryopreservation is incompatible
with the respect owed to human embryos" (Dignitas Personae [2008],
II, para. 18; emphasis original). The parent document to Dignitas Personae,
Donum Vitae, succinctly provides the reason for this imperative: "The human
being must be respected – as a person– from
the very first instant of his existence" (Donum Vitae [1987], I, 1).2 Dignitas Personae goes on to state, "The proposal that these
embryos could be put at the disposal of infertile couples as a treatment for
infertility is not ethically acceptable …" (DP, II, para. 19).
However, despite the seeming clarity of the statements in
Dignitas Personae, there remains debate not only over embryo adoption,
but also over the meaning and specificity of the statements in the magisterial
document. John Finnis and Luke Gormally debated this point in a 2009 edition of
The National Catholic Bioethics Quarterly, with Finnis arguing that the
document does not make a definitive pronouncement, and Gormally offering an
opposing position.3 Following
this, the NFP Forum, a biannual publication of the United States
Conference of Catholic Bishops, kept open the door for continued debate by declaring that Dignitas Personae does not "make a
definitive judgement" regarding embryo adoption.4
In this essay, I examine the logic contained in Dignitas
Personae to the support of its position, and ultimately conclude that
embryo adoption of previously created and cryopreserved embryos is morally licit, and in fact is a charitable
response to an existing injustice.
INITIAL
CONSIDERATIONS
As an entry point to the discussion of human embryo adoption, it is necessary to
define the terms and outline certain theological propositions and assertions that I will accept as true
for the duration of the argument.
The ontology of human life has been discussed
at length by numerous authors. Medical science provides a view of human
reproduction that understands the sequence of events from intercourse to
pregnancy to birth in fine, but not perfect, detail. Beginning with the ovum of a female and the sperm of a male (the gametes),
fertilization occurs upon the fusion of the nuclei of these two individual
cells. At this point, from the partial genetic contributions of two
individuals, a third individual has begun a journey during which it will self-develop into a human
person.5 Some writers
have made semantic arguments about the difference
between a human being and a human person, arguing that although a
fertilized embryo unequivocally contains the genetic material necessary to make
it (genetically) human, it is not yet a human person because it lacks
consciousness. For this reason, some authors refer to the fertilized embryo
that has not yet implanted itself into the uterine wall as a pre- embryo. From
the point of implantation, the embryo develops into a zygote, morula and
blastocyst sequentially, and then continues to divide and develop.
The Catholic Church, in teachings regarding the
ontology of human life, is clear that regardless of the stage of development, each
of these stages should be afforded identical ethical relevance, and that from
the moment of fertilization, a new human being is already constituted and must
be respected as such.
There remains, of course, a contemporary
disagreement about this point, as the church insists on respect for human
persons because of their ensoulment, and, "[no] experimental datum can be in
itself sufficient to bring us to the recognition of a spiritual soul" (DV, I, 1). However, while recognizing the difficulty with the determination of the time of ensoulment, the teaching
continues, [n]evertheless, the conclusions of science regarding the
human embryo provide a valuable indication for discerning by the use of reason
a personal presence at the moment of first appearance of human life: how could a human individual not be a human person?... Thus the
fruit of human generation from the first moment of its existence, that is, from
the first moment the zygote has formed, demands unconditional respect, that is
morally due to the human being in his bodily and spiritual totality (DV,
I, 1).
While some authors have taken the church
document as acknowledging a degree of doubt regarding the personhood status
of the embryo,6 it
remains true that the church has spoken clearly about the respect due to the
embryo, which has been a rallying cry of the pro-life movement. Concomitant
with the abortion debate, has also been advancing ways in which to artificially assist the
production of embryos as an aid to infertile couples.
Artificial reproductive technologies (ART) have been hailed as a treatment for
infertility, and they have rapidly gained popularity despite their high
monetary cost. However, as noted above,
by the nature of these technologies, they produce fertilized embryos in excess of what is strictly necessary for a single round of therapy.
This has led to the banking of embryos, which are placed in a chemical
preservative and frozen for future use. Around 90% of these are
technically considered to be "in use" by the couples from whom they were
created, which accounts for the numerical disparity between the existing
cryopreserved embryos (about 600,000) and those available for embryo adoption
(around 60,000).7 Embryo
adoption agencies8 acquire
available embryos on behalf of couples who seek to adopt the embryo as their
own child through embryo transfer to the (unrelated) mother's uterus.
This is accomplished via a catheter which is
inserted into the uterus and used to transfer heterologous, fertilized embryos
for hopeful implantation. Some agencies, in keeping with a preferential option
for the poor, use the lowest quality available embryos to ensure that even the
most vulnerable are given a chance to be gestated and born.
The process of embryo adoption has been
compared to surrogate motherhood, so it is of key importance at this point to
define surrogate motherhood, which is an important concept in the analysis of several authors. Surrogate motherhood
occurs when a woman carries a pregnancy for another woman or couple with the
agreement that the baby will be returned to the biological parents after being
born. The surrogate pregnancy may be produced through natural or
artificial means, and the arrangement may result in monetary compensation for
the surrogate. This concept will be discussed
further as I consider the relevant church documents and arguments of
prominent theologians.
Prior to engaging the ongoing ethical and theological
debate, it is first important to understand the content of Donum Vitae and
Dignitas Personae. I will examine the content of the church documents as
a foundation to further discussion, and following a discussion
of the current debate in the literature, I will offer some comments on the
structure and logic of the church documents.
DONUM VITAE
Donum Vitae was written in 1987 by then Joseph Cardinal Ratzinger,
who was at the time the prefect for the Congregation for the Doctrine of the
Faith. The document was approved and ordered for publication by Pope John Paul
II. In many ways, it is the parent document to Dignitas Personae,
offering strong influence to the later document and supplying much of the logic and language. For that reason,
although it does not address embryo adoption directly, it is an important document to consider in the
discussion on embryo adoption. The document seeks to answer specific
questions that had been raised at the time by members of the church concerned
about the implications of then new technologies. It is a document in three parts, which opens with an
anthropological and moral examination of fundamental principles, then moves to
moral questions raised by the emergence of new reproductive technologies, and
finally attempts to provide guidance on the relationship between moral and civil law regarding human
embryos. Following are some key aspects of the document that bear relevance to
the discussion at hand:
The gift of life which God the Creator and Father has
entrusted to man calls him to appreciate the inestimable value of what he has
been given and to take responsibility for it: this fundamental principle must
be placed at the centre of one's reflection
in order to clarify and solve the moral problems raised by artificial
interventions on life as it originates and on the process of procreation (DV, Intro., 1).
The document opens with this exhortation and
maintains its focus on this "fundamental principle" throughout. In the first
part, Ratzinger opens with an exploration of the ways in which science can
serve mankind, and then moves into criteria for moral judgements regarding
artificial reproductive technologies. He identifies two "fundamental values"
that must be considered with respect to artificial procreation: "the life of the human being called into
existence and the special nature of the transmission of human life in marriage"
(DV, Intro., 4). It is important to note that this document was
concerned mainly with the new technology of in vitro fertilization, and
these fundamental points were constructed with that process in mind. This is a key point of
consideration in the reasoning of some authors opposing embryo adoption, and I
will consider it further as I explore the logic of the church documents.
The document then begins to provide answers to
specific questions, and I will address some of the key questions here. First, Ratzinger asks what
respect is due to the human embryo, and in a refrain to be repeated often,
writes that the human being must be respected from the moment of conception. He
speaks against procured abortion, and refers to this teaching as
unchangeable. He then, in comments that will presage the embryo adoption
debate, writes that the embryo, as a person, must be "defended in its
integrity, tended and cared for, to the extent possible, in the same way as any
other human being as far as medical assistance is concerned" (DV, I, 1).
He further poses the question of whether
therapeutic procedures may be licitly carried out on the human embryo. Again,
we have a key question for
the future embryo adoption debate, as implantation of a formed embryo might be
considered a therapeutic procedure. Outside of procedures carrying
disproportionate risk, the conclusion is that procedures should be allowed so
long as they respect the life of the embryo and are directed toward its "healing,
the improvement of its condition of health, or its individual survival" (DV,
I, 3).9
The document then proceeds to address the
questions of procreation and surrogacy, both of which become key considerations
around embryo adoption. Ratzinger writes that the "child has a right to be conceived, carried in
the womb, brought into the world and brought up within marriage" (DV, A, 1), and he
then concludes that IVF is contrary to the unity of marriage because it
separates the procreative act from the marital act, and as such violates not
only the dignity of marriage but also the rights of the child. Utilizing
similar logic, the Instruction concludes that surrogacy must be
rejected as morally illicit because it is contrary to the unity of marriage and
dignity of procreation. Donum Vitae defines the surrogate mother as
the
woman who carries in pregnancy an embryo implanted in her uterus and who is
genetically a stranger to the embryo because it has been obtained through the
union of the gametes of "donors". She
carries the pregnancy with a pledge
to surrender the baby once it is born to the party who commissioned or made the
agreement for the pregnancy (DV, A, 3).10
While none of these considerations touch
directly on embryo adoption, the focus on the beginning of life and the
application of emerging technologies to the generation of life has made this
document an important
consideration for some people concerned with the moral
status of embryo adoption. Not least among
writings that consider the document influential is Dignitas Personae,
which brings us face to face with a discussion of embryo adoption.
DIGNITAS PERSONAE
Dignitas Personae was
written in 2008 by William Cardinal Levada, who was at the time the prefect for
the Congregation for the Doctrine of the Faith. The document was approved and
ordered for publication by Pope Benedict XVI, who 20 years earlier had penned Donum
Vitae. Dignitas Personae acknowledges in its introductory remarks that
it is an extension and updating of Donum Vitae, which it holds as
completely valid, but merely in need of updating in the face of new
reproductive technologies. Similar to the older document, the new Instruction is organized in three
parts, with an opening consideration of anthropological and theological
concepts, followed by two sections addressing new problems with procreation and
embryo manipulation, respectively.
Dignitas Personae notes
that, despite frequent exhortations to respect the embryo as possessing of
personhood, Donum Vitae avoided making the philosophical conclusion that
an embryo is a person. However, the
document goes on to say that embryos possess "full anthropological and
ethical status" and have "from the
very beginning, the dignity proper to a person"
(DP, I, para. 5). The teaching then examines the context in which
human life should be brought into existence (in marriage), and examines the
human and divine dimensions of procreation. The
introductory section closes with a reminder that "unconditional respect [is]
owed to every human being at every moment of his or her existence" (DP,
I, para. 10).
The second part of the document contains the
passages most central to the embryo adoption debate. In addition to reiterating
the teachings of Donum Vitae regarding IVF, the new document emphasizes
three "fundamental goods" that new medical techniques for the treatment of
infertility must respect:
a) the right to life and to physical
integrity of every human being from conception until natural death; b) the
unity of marriage, which
means reciprocal respect for the right within marriage to become a father or
mother only together with the other spouse; c) the specifically human values of
sexuality which require 'that the procreation of a human person
be brought about as the fruit of the conjugal act specific to the love between
spouses' (DP, II, para. 12).
Following an
examination of IVF, the document notes that frozen embryos are often created
during the process of IVF, and deplores cryopreservation as "incompatible
with the respect owed to human embryos", and even referring to the unused
embryos as "orphans" (DP, II, para. 18). Following
this, the document presents a section dealing specifically with embryo
adoption.11 The section
opens by posing the question of how we should address the fact that large
numbers of frozen embryos already exist in storage. Rejected outright is the idea that frozen embryos
might be used for research purposes or the development of disease treatments.
This solution would treat the embryos as an object to be manipulated and
used toward some other end, and is therefore unacceptable.
The document then makes a quite subtle
differentiation between couples who would utilize the embryos in a heterologous
transfer as a treatment for infertility and those who would "prenatally adopt"
the embryos with the charitable intent of sparing them from destruction.
Regarding the former, Levada writes, "The proposal that these embryos be put at the disposal of infertile couples
as a treatment for infertility is not ethically acceptable for the same
reasons which make artificial heterologous procreation illicit as well as any
form of surrogate motherhood" (DP, II, para. 19). Regarding the latter situation, he continues,
It has
also been proposed, solely in order to allow human beings to be born who are otherwise condemned to destruction, that there could be a
form of "prenatal adoption." This proposal, praiseworthy with regard
to the intention12 of respecting and
defending human life, presents however various problems not dissimilar to those
mentioned above (DP, II, para. 19).
The section closes with John Paul II's appeal
to halt production of frozen embryos and afford those in existence protections
under the law. Levada also notes that the existence of hundreds of
thousands of frozen embryos represents a "situation of
injustice which in fact cannot resolved"
(DP, II, para. 19).
ENGAGING THE
DEBATE
In his analysis of the aforementioned documents, Luke
Gormally puts forth several arguments against embryo adoption. He opens by
highlighting the word intention in n. 19 of Dignitas Personae,
which he notes can refer only to the intended end of the practice and not to
any means used in the service of that end.13 In other words, though the desired end of rescuing a
frozen embryo is laudable, the means available to achieve the end encompass, as
the document tells us, "various problems." Because Dignitas Personae notes
the problematic nature of the means at our disposal to reach the "intention,"
Gormally interprets the church document as making a negative pronouncement on
the practice of embryo adoption, though he admits this teaching is not strongly
worded.
Gormally rightly notes that the church
document is clear in its teaching that the natural and authentic origin of the
child is from the marital act, and a
husband and wife have an inviolable right to make each other, and only each other, into
father and mother. However, he continues that in embryo
adoption, the woman does not become a mother through her choice to engage in
intercourse with her husband, but rather through a choice to have a previously
created embryo implanted in her uterus. Here Gormally refers back to the fine
distinction noted above between the use of frozen embryos as a treatment for
infertility and the idea of their prenatal adoption; he applies the rationale
for rejecting embryo use as fertility treatment, that is "the same reasons which make artificial
heterologous procreation illicit" to the process of embryo adoption (DP, II, para.
19). Heterologous procreation is illicit because it "causes a complete
separation between procreation and the conjugal act" (DP, II, para.
17). If that separation then makes illicit the use of frozen embryos as a
treatment for infertility, Gormally concludes that the same must be true for
embryo adoption.
In addition, though it is not the express intent of Dignitas
Personae to address this niche issue, Gormally comments on the idea that a
woman might adopt an embryo in order to save its life and then give the baby up
for adoption. In this situation, he concludes that the document's prohibitions
on surrogacy would apply to the adoptive mother, because she is becoming pregnant with a
heterologous embryo with the intention of giving the baby to different parents.
Ultimately, Gormally's major argument is that embryo adoption separates
procreation from the marital relationship, and is therefore illicit. In embryo
adoption, the woman makes, "a choice
subversive to the dispositions required in any woman who chooses to allow
herself to be made pregnant."14
Nicholas Tonti-Filippini
makes similar claims in a 2003 essay on the topic of what he calls
"embryo rescue."15 He highlights Donum Vitae's
instruction that we need to consider not only the rights of the embryo,
but also the fidelity of the marriage. In furtherance of his claim that embryo
adoption is destructive to marital unity, Tonti-Filippini writes that it is the
medical procedure that make the woman a mother and that, "becoming pregnant through
[heterologous embryo transfer] … is an event from which her husband is, in
effect, excluded."16
In addition to the idea that procreation is, in this
case, separated from the marriage, Tonti- Filippini also focuses on the
developmental continuum from fertilization to implantation to development, and
makes a number of interesting claims. First, he claims that conception has not
occurred until the embryo is implanted in the uterus. Further, he argues that
the frozen embryo, more than being left in cryopreservation by its parents, in
fact has no parents. Tying these claims together, he concludes that if
conception is the fact of becoming pregnant, and becoming pregnant occurs when the embryo implants in the uterus, then an embryo which has been fertilized but not
implanted in a uterus has not in fact been conceived. Because the fertilization
occurs outside of the mother's body, although she is biologically maternal, she cannot claim gestational
maternity. In this case, Tonti- Filippini concludes that the embryo has no
parents and has not been conceived in marriage.17
The claims of both authors are unconvincing.
Gormally is most concerned with the separation of procreation from the marital
act, which may be a convincing rationale for the rejection of IVF
techniques and ARTs. However, the question of embryo adoption is
addressing a situation in which the procreation has already occurred, and a
fertilized embryo is already in existence. The man and woman procuring the
laboratory-based insemination of an ovum are the couple who have separated
procreation from the marital act, and then compounded their error by leaving
their offspring in a state of cryopreservation.
However, the adoptive couple seeks
only to remedy an unjust situation that has already occurred by adopting the
embryo as their own child.
Gormally also argues that some types of embryo
adoption, specifically those in which a
woman gestates an embryo, gives birth, and then places the child up for
adoption, is equivalent to surrogacy and is therefore illicit. If
the first scenario is analogous to adoption, this scenario might be considered
analogous to foster care, in which people care for a child until a permanent
home can be found. This is certainly a more controversial (and less common)
form of embryo adoption, but important points of consideration can be found in the church teachings discussed above. First, Donum
Vitae, notes that surrogacy is in part defined by the fact that a woman
carries a pregnancy with a pledge to surrender the baby to the party commissioning the pregnancy. This is not the case in the
embryo surrogacy described by Gormally, because
the woman carrying the pregnancy is in fact gestating a baby that was abandoned
by the party who commissioned the fusion of gametes and production of the
embryo. While it is true that she is carrying unrelated, heterologous genetic
material in her womb, she does not meet the church's
definition of a surrogate. Further, when
answering the question of whether any procedures may be carried out on a frozen
embryo, Donum Vitae allows for those that are directed toward the
embryo's "healing, the improvement of its condition of health, or its individual survival" (DV, I, 3). The intention of the woman in embryo
surrogacy is specifically the individual survival of the embryo, which is
allowable in the analysis of Ratzinger.
Tonti-Filippini is right to consider the
fidelity of the marriage in his analysis of embryo adoption, but his conclusion
that the process violates that integrity is mistaken. His claim that the woman
becomes a mother by a medical procedure is a nuanced one, and deserves closer inspection. It is
clearly true that, in embryo adoption, the genetic makeup of the embryo is not
the same as the adoptive mother, and she therefore cannot claim to have genetic
matrilineage of the embryo. But the term "mother" must be understood by Christians to mean more than
simple genetic motherhood. The term also encompasses a much more philosophical understanding of motherhood that rests on the loving relationship between mother and child.
This is why we consider a man and woman who
have adopted children to be their father and mother; we understand that they
are genetically unrelated, but the bond shared by parents who lovingly raise
children is also considered, even by those children, to confer "motherhood". An
exemplar for Christians is found in the Holy Family, in which Mary and Joseph
became the mother and father of Jesus not through genetic relationship or the
marital act, but by a deeply spiritual relationship to the child Jesus. Their
parenthood can only be interpreted as of the philosophical kind, rather than
the genetic.
Regarding Tonti-Filippini's claim that an
embryo procreated in a laboratory cannot be said to have parents, or even to
have been conceived, it first must be stated that the embryo has clearly been
procreated. If the procreated being is to be respected, it should be offered
the chance at conception, birth, and life. Though the claim is difficult, if one accepts the
claim that conception has not occurred for a frozen, procreated embryo, it might then be simple
to claim that this state of affairs in fact advances an adoptive mother's claim
to maternity.
Tonti-Filippini's claim falls on the same
logical continuum as a claim advanced by Mary Geach, who describes the
artificial implantation of an embryo into a woman's
uterus as "allowing a carnal intromission of an impregnating kind."18 By this description, she allows the comparison of artificial
embryo implantation to the carnal act, and if the act is carnal, one should
conclude that it violates the marital vow. However, Christopher Tollefsen provides a nuanced interpretation
of what occurs in the marital act that allows a rejection of Geach's claim. He writes that
men and women perform [marital acts], but neither
performs an act of making pregnant or becoming pregnant. … Why should we not
say that the embryo itself … has made the woman
pregnant? … The generative causality of the man and woman — the causality
effected by the man's sperm on the woman's ovum — is at an end precisely
because generation is over, and a new
being with biologic causality exists.19
By this argument, Tollefsen indicates that the
act of receiving an embryo via a catheter inserted in the uterus does not, in
fact, duplicate any part of the marital act, as making the
woman pregnant is the action of the embryo, and not the man or the woman. This
would, in his analysis, remain true whether the embryo entered the uterus via
the Fallopian tube or via a catheter.
In his own essay on the topic, William E. May also makes reference to arguments put
forth by Tonti-Filippini and Geach,
and writes that although he agrees with the eloquent
descriptions the aforementioned authors make of the beauty of the marital act, such descriptions
are irrelevant to this debate because no marital act is involved in embryo
adoption.20 Although May
agrees that it is immoral for a child to be generated by a means other than the
marital act, the question of embryo adoption is not one of generation; rather
the question is how to treat an embryo which has already been procreated. He
writes that, "The woman who chooses to transfer a frozen, orphaned, and unborn
baby already generated in vitro from the freezer to her womb and to nurture
it there as a means of protecting its life is definitely not choosing to
generate a child by means other than the conjugal act."21 Because of this, she cannot
be said to be exercising unitive or procreative aspects of her sexuality
extramaritally, or at all.
CONCLUSION
Most of this analysis has assumed that the
church documents discussed above present
accurate teachings, but the teachings have
simply been misinterpreted as prohibiting
embryo adoption. Dignitas Personae is
certainly correct to note that, "the thousands
of abandoned embryos represent a situation of
injustice which in fact cannot be resolved" (DP,
II, para. 19; emphasis original). However, the
insertion of this point in the discussion of
embryo adoption seems to imply that embryo
adoption cannot certainly hope to address
this situation of injustice. In doing so, the
document can be read as asserting that we need
not try to remedy the injustice because there
is, in fact, no adequate solution. However, if
this implication was intended, it should be
considered an error. After all, many social
injustices such as hunger and socioeconomic
disparity cannot possibly be solved, but the
church encourages charitable attention to them
nonetheless. Even adoption in the traditional
sense is, "a remedial measure…for adoption
often or even usually is due to forms of social
injustice."22 Despite this, and despite the lack
of genetic kinship, the church encourages
adoption as a charitable response to a situation
of injustice.
Ultimately, it is most important to consider
the clear church teaching that embryos, from the moment of their genesis, are
owed the same respect and moral standing as any other human being. If this
teaching is true, then embryo adoption can only be seen as consistent with
church teaching, as the technique allows for protection of a human being
without any violation of marital integrity.
Ultimately, we can conclude
that embryo adoption of previously created and cryopreserved embryos is
consistent with church teaching, and should be allowed as a charitable response
to an existing injustice.
Creating Dialogue
- What is the specific interpretive controversy that Malone is concerned about in this article? In other words, what do the church documents actually say about the embryo, its dignity, and the proposal of frozen embryo adoption?
- Are there other ethical responses not mentioned by Malone that you can think of, by which we might approach this unjust situation, in harmony with the church's moral guidance?
- How would you explain the Church's opposition to artificial
|
JAY R. MALONE, MD,
PH.D.
Assistant
Professor of Pediatrics, Critical Care Medicine
Washington University School of Medicine
St. Louis
[email protected]
APPENDIX A: DIGNITAS PERSONAE, II, PARA. 19:
19. With regard to the large number of frozen embryos already in existence the question becomes: What to do with them? Some of those
who pose this question do not grasp its ethical nature, motivated as they are
by laws in some countries that require cryopreservation centers to empty their
storage tanks periodically. Others, however, are aware that a grave injustice has been perpetrated and
wonder how best to respond to the duty of resolving it.
Proposals to use these embryos for research
or for the treatment of disease are
obviously unacceptable because they treat the embryos as mere "biological
material" and result in their destruction. The proposal to thaw such embryos
without reactivating them and use them for research, as if they were normal
cadavers, is also unacceptable.
The proposal that these embryos could be put
at the disposal of infertile couples as a treatment for infertility is
not ethically acceptable for the same reasons which make artificial heterologous
procreation illicit as well as any form of surrogate motherhood; this practice would also
lead to other problems of a medical, psychological and legal nature.
It has also been proposed, solely in order to
allow human beings to be born who are otherwise condemned to destruction, that there could be a form of "prenatal adoption." This proposal, praiseworthy with regard to
the intention of respecting and defending human life, presents however various
problems not dissimilar to those mentioned above.
All things considered, it needs to be
recognized that the thousands of abandoned embryos represent a situation of
injustice which in fact cannot be resolved. Therefore John Paul II made an
"appeal to the conscience of the world's scientific authorities and in
particular to doctors, that the production of human embryos be halted, taking
into account that there seems to be no morally licit solution regarding the
human destiny of the thousands and thousands of 'frozen' embryos which are and
remain the subjects of essential rights and should therefore be protected by
law as human persons."
|
ENDNOTES
- "Embryo Adoption," United States Department of Health and Human
Services, 2015. Retrieved 04/01/2015, from http://www.hhs.gov/opa/about-opa-and-initiatives/embryo-adoption/
- The document
later defines the "very first instant" as "from the moment the
zygote has formed."
- John Finnis, "Understanding Dignitas Personae on Embryo
Adoption," The National Catholic Bioethics Quarterly, 9(3) (2009):
474-477; and Luke Gormally, "The Various Problems Presented by Embryo
Adoption," The National Catholic Bioethics Quarterly, 9(3) (2009):
469-474.
- Therese Notare, ed., "Dignitas Personae: Questions and Answers,"
NFP Forum, Diocesan Activity Report 20 (1 & 2) (2009): 2-4.
- Benedict M. Ashley, Jean DeBlois, and Kevin O'Rourke, Health
care ethics: a Catholic theological analysis, 5th ed. (Washington, D.C.:
Georgetown University Press: 2006).
- See Lisa Sowle Cahill, Theological Bioethics: participation,
justice, and change (Washington, D.C.: Georgetown University Press, 2005).
- "Embryo Adoption," United States Department of Health and Human
Services, 2015. Retrieved 04/01/2015, from http://www.hhs.gov/opa/about-opa-and-initiatives/embryo-adoption
- See https://www.nightlight.org/snowflakes-embryo-donation-adoption/.
- Following this there are a number of questions regarding
research on embryos which are not relevant to the present paper.
- A secondary definition is similar to the first but includes the
possibility that the pregnancy may be the result of an ovum from the woman
carrying the baby and the sperm of a man other than her husband.
- Please see Appendix A for the full text of Dignitas Personae,
II, para. 19, which is the section most central to this essay.
- This word, "intention," is of key importance in Luke Gormally's
interpretation of the document.
- Luke Gormally, "The Various Problems Presented by Embryo
Adoption," The National Catholic Bioethics Quarterly, 9(3) (2009):
469-474.
- Gormally, "The Various Problems Presented by Embryo Adoption,"
474.
- Nicholas Tonti-Filippini, "The embryo rescue debate:
impregnating women, ectogenesis, and restoration from suspended animation," The
National Catholic Bioethics Quarterly 3(1) (2003): 111-137.
- Tonti-Filippini,
"The embryo rescue debate," 115.
- Tonti-Filippini,
"The embryo rescue debate," 123.
- Mary Geach, "The Female Act of Allowing an Intromission of the
Impregnating Kind," in Human embryo adoption: biotechnology, marriage, and
the right to life, eds. Thomas V. Berg and Edward J. Furton (Philadelphia: The National
Catholic Bioethics Center, 2006), 251-271, at 261
- Christopher O. Tollefsen, "Could Human Embryo Transfer Be
Intrinsically Immoral?" in The ethics of embryo adoption and the Catholic
tradition: moral arguments, economic reality and social analysis, eds.
Sarah-Vaughan Brakman and Darlene Fozard Weaver (Dordrecht: Springer, 2007),
85-102, at 90, 97.
- William E. May, "On 'rescuing'
frozen embryos: why the decision to do so is moral," The National Catholic
Bioethics Quarterly 5(1) (2005): 51-57.
- May, "On
'rescuing' frozen embryos," 55; emphasis original.
- Cahill, Theological Bioethics, 209.