T2 L4:the moral status of the embryo

Question 1

why do we consider the moral status of the embryo

Answer 1

No person who has a conscientious objection to participating in any activity governed by this Act shall be under any duty, however arising, to do so.

In any legal proceedings the burden of proof of conscientious objection shall rest on the person claiming to rely on it.

In any proceedings before a court in Scotland, a statement on oath by any person to the effect that he has a conscientious objection to participating in a particular activity governed by this Act shall be sufficient evidence of that fact for the purpose of discharging the burden of proof imposed by subsection (2) above

Question 2

what is the purpose of the Warnock report (made in 1984)

Answer 2

It was made to examine the social, ethical and legal implications of recent and potential developments in the field of human assisted reproduction.

SEL

Question 3

what ethical considerations were explored in embryology regarding the Warnock report

Answer 3

The ethical status of emerging reproductive technologies (IVF first successful in 1978)

The donation, freezing, and use of eggs, embryos, sperm

Surrogacy

Research

SERD

Question 4

what is the recommended limit on the research on embryos

Answer 4

14 day limit

Question 5

why is there a 14 day limit on research on embryos

Answer 5

– before possibility of twinning. Justification is that prior to this stage, the embryo isn’t part of a continuum for an identifiable future person.

Question 6

what did the 14 day limit lead to

Answer 6

Led to the 1990 Human Fertilisation and Embryology Act (HFEA)

Question 7

what is a moral status?

Answer 7

An entity has moral status if and only if it or its interests morally matter to some degree for the entity’s own sake.”

Question 8

what are the utilitarian and non-utilitarian views on the moral status

Answer 8

Utilitarian: Having moral status means that one’s interests (extent, duration of pleasures/pains etc) must be factored into the utility calculations of other people/society as a whole

Non-Utilitarian: Having moral status means that there are reasons, independent of the consequences, for treating an entity with respect, and acting in its interests.

Question 9

what is the Warnock’s position on the moral status

Answer 9

“there is no particular part of the developmental process that is more important than another;

all are part of a continuous process, and unless each stage takes place normally, at the correct time, and in the correct sequence, further development will cease.

Thus biologically there is no one single identifiable stage in the development of the embryo beyond which the in vitro embryo should not be kept alive.”

Question 10

when does an embryo begin to visibly look like a baby

Answer 10

at 4 weeks

Question 11

when does a foetus start forming

Answer 11

between 10-12 weeks

Question 12

what are the boundaries to abortion

Answer 12

22 week foetus

premature newborn

Question 13

how many days is the primitive streak

Answer 13

14-15 days

Question 14

how many weeks is the quickening

Answer 14

13-16 weeks

Question 15

when is abortion legal up until

Answer 15

24 weeks- called the point of viability

Question 16

what are points on the continuum

Answer 16

Conception

individuation

Primitive streak

quickening

security of pregnancy

viability

birth

personhood

Question 17

what is the gradualism belief and who opposes this

Answer 17

Those in favour of abortion often suggest the debate centres upon when the foetus becomes sufficiently human to have the right to life.

Rejection:
Human embryos deserve the same protection as all other human beings”, Pope Benedict XVI told an audience of scholars on February 27 2006.

The love of God does not distinguish between the newly-conceived infant still in its mother’s womb, the baby, the youth, the grown adult or the elderly, because in each of them He sees the sign of His own image and likeness

Question 18

what is the biological humanity view about abortion - account 1

Answer 18

We have a moral status because we are human but:
-Not just Human DNA – every individual cell in our bodies would qualify.

• “moment of conception”? – that “moment” is lengthy and complex
• Warnock’s “twinning argument” – Justification for 14 day limit on research

refers to non-humans in movies like alien where there is a humanoid which can still feel and has its own ambitions

Question 19

what is the personhood view :account 2

Answer 19

Mary Elizabeth Warren

Persons have;

Sentience

Rationality

Capacity for moral agency

Language

Embryos lack these features

Question 20

what is the problem with the personhood account 2

Answer 20

Could exclude many we might want to say have membership of the moral community – quite a high standard for moral status

Question 21

what is the interests view about this too

account 3

Answer 21

Joel Feinberg

“Interest Principle”: Rights are intended to protect interests – rights holders must therefore be capable of having interests of their own.

Interests = having “stakes in things”

To have interests an entity must be sentient = “the capacity for having experiences of any kind”

Not plants, rocks, inanimate objects.

Animals? Jeremy Bentham thought so

An embryo cannot be sentient – no nervous system, thus no awareness or experience

Is there a difference between taking an interest, and something being in something’s interest? ie an apple has an interest to grow into a tree but it can’t actively take an interest

Question 22

what is the future like ours view on abortion

FLO

Answer 22

According to Marquis, the interest view fails because it cannot explain why killing a person in a temporary coma is wrong

• They lack sentience, so apparently lack interests. But we don’t think killing them is moral.
• While an embryo or foetus cannot take an interest in anything, it does have an interest in living out its future.
• Murder is wrong because it deprives the victim of their future – the same is true, according to Marquis, for an embryo or a foetus (maybe even eggs and sperm).

BUT

Unlike an embryo, we can have interests which should be respected even if we aren’t fully conscious of them – the interest view does not require permanent, conscious awareness of our interests

Question 23

where does the twinning arguement sit with the FLO opinion

Answer 23

Twinning argument – blastocyst not identifiable with a given future person, so difficult to assign it FLO status. If it does have this status, so too would eggs and sperm, which seems far too strong a claim.

Question 24

Does an embryo have moral status

give all the accounts and FLO short answer

Answer 24

Human Biology – Yes

Personhood – No

Interests – No

Future Like Ours - Questionable

Question 25

what is the mitochondrial donation case study

Answer 25

Three person babies” – a response to mitochondrial disease.

unhealthy mitochondria, meaning mothers nucleus or parents fertilised nucleus removed and placed into healthy egg

thus termed a 3 persons baby

made legal in 3rd feb 2015

Question 26

what are the future considerations on mitochondrial donation

Answer 26

Future Generations – mitochondrial transplant will affect the children of the babies born as a result of the donation.

designer babies

Religious opposition due to destruction of donor embryos

Question 27

Argument in favour for mitochondrial donation

Answer 27

Robert Winston

“Transfusing mitochondria is not unlike transfusing red blood cells in a case of severe anaemia - the main difference being that the mitochondrial treatments last into future generations.

“As an Orthodox Jew, my religious tradition sees no objection to using science in this way. If mitochondrial treatments could prevent disease, this is to be celebrated as we are using the God-given intelligence afforded us.

“We are not altering a child’s characteristics, nor enhancing humans in any way. The scientists are merely trying to ensure that a crippling and sometimes fatal disease is prevented and that future generations will not suffer this horrific sadness.”

Question 28

In relation to practice

Answer 28

You have a right to conscientiously object to participating in many legal, medical services relating to fertility – Abortion Act, HFEA.

-BUT, you must be able to justify your decision to do so, if you choose to conscientiously object

However, you cannot “abandon” your patient – you must refer them to an alternative provider

You need to be aware of the law, so you can advise your patients appropriately.

Your colleagues may not share your position, how will you manage your relationships with them?

How will you manage your relationships with your patients?