What is Human Cloning?
In the public policy debate on human
cloning, groups that support the cloning of human embryos for destructive
research have raised questions as to what procedures are properly called human
cloning. Even if one uses only definitions proposed by such groups, however,
it is clear that only one bill pending in Congress qualifies as a ban on any
kind of human cloning.
1. How is "cloning" defined by those who
wish to allow cloning of embryos for research?
The National Academy
of Sciences (NAS) defines "clone" and "cloning" as follows:
"Clone - 1) An
exact genetic replica of a DNA molecule, cell, tissue, organ, or entire plant
or animal. 2) An organism that has the same nuclear genome as another
organism.
"Cloning - The production of a clone."
- NAS, Scientific and Medical Aspects of Human Reproductive Cloning
(National Academy Press 2002), page E-4
Similarly, an original
co-sponsor of the Specter/Harkin cloning bill (S. 1893), designed to allow
human embryo cloning for research purposes, says:
"(T)he scientific term
‘cloning' is defined as the creation of an exact genetic copy of an existing
molecule, cell or organism."
- Senator Harry Reid (D-NV), letter to constituent, January 24,
2002
By these definitions, cloning has occurred as soon as a new
organism is created that genetically copies an existing organism. To be
a clone one need not be of identical age or identical stage of development
compared to the original organism, but only a new organism of identical
genetic makeup. To ban cloning is to ban such creation of a new
genetically identical organism.
2. Is the new embryo created
by somatic cell nuclear transfer an "organism"?
Since 1996,
Congress has defined the early human embryo outside the womb as an
"organism... that is derived by fertilization, parthenogenesis, cloning, or
any other means from one or more human gametes or human diploid cells." Sec.
510 (b) of P.L. 107-116 (Labor/HHS/Education appropriations act for FY
2002).
This reflects a consensus even among government advisory
boards which favor destructive embryo research. See the National Bioethics
Advisory Commission (NBAC):
"Embryo - The developing organism from
the time of fertilization until significant differentiation has occurred, when
the organism becomes known as a fetus." (Emphasis added)
- NBAC, Cloning Human Beings (Rockville, MD: June 1997), Vol. I,
page A-2
Here is the National Institutes of Health
definition:
"Embryo - In humans, the developing organism from the
time of fertilization until the end of the eighth week of gestation..."
- Stem Cells: Scientific Progress and Future Research Directions
(NIH, June 2001), page F-3
Congress specifically includes the cloned
human organism under its definition of an embryo. While some outside groups
speak of the embryo "from the time of fertilization," they also recognize that
the new organism created by cloning qualifies as an embryo:
"The Commission
began its discussions fully recognizing that any effort in humans to transfer
a somatic cell nucleus into an enucleated egg involves the creation of an
embryo, with the apparent potential to be implanted in utero and developed
to term."
- NBAC, Cloning Human Beings, op. cit., p. 3 (emphasis
added)
The view of ethicists, stem cell researchers and the Clinton
administration is also clear:
In December 1998 testimony before the Senate
Appropriations Subcommittee for Labor/HHS, witnesses from all sides of the
embryonic stem cell debate (including an official of the Catholic bishops'
conference and prominent embryonic stem cell researchers) agreed that an
embryonic stem cell is not an embryo, because a human embryo is an
organism of the human species and an embryonic stem cell is not. This key
distinction was the basis for the HHS general counsel's 1999 legal opinion
that the Clinton administration could legally fund research on stem cells from
embryos, because stem cells are themselves not "organisms" and therefore not
embryos. The Rabb memo cited Congress's definition of "embryo," and the
December 1998 hearing, to support its case (Harriet S. Rabb, Memorandum to NIH
Director Harold Varmus on "Federal Funding for Research Involving Human
Pluripotent Stem Cells," Jan. 15, 1999, pp. 2-4).
3. Is the
creation of a human embryo by cloning accurately called "human
cloning"?
An affirmative answer to this question is demanded
by the facts above: If the new organism created by cloning is a human organism
(i.e., a human embryo), this is human cloning.
If there is any
remaining doubt, we need only review the NAS's own definition of
"embryo":
"Embryo- ...In medical terms, embryo usually
refers to the developing human from fertilization (the zygote stage)
until the end of the eighth week of gestation..." - NAS, op. cit., p.
E-5.
The Brownback/Landrieu Human Cloning Prohibition Act, S. 245,
conforms to this accurate definition. It is the only pending bill that
bans human cloning.
In fact there is no human cloning that does not
proceed by creating an early human embryo. As cloning proponent Professor Lee
Silver of Princeton University has written: "Scientists cannot make full-grown
adult copies of any animal, let alone humans... Real biological cloning can
only take place at the level of the cell..." - Lee Silver, Remaking
Eden (Avon Books 1997), p. 124.
4. Then what is
banned by the Hatch/Feinstein/Specter bill (S. 303)?
This bill only
bans transfer of an already-cloned human embryo into a uterus (or the
"functional equivalent" of a uterus, a phrase with no clear meaning). Such
transfer is a change of location – it does not create a new developing human,
or make the embryo any more genetically identical to a previously existing
individual than it was before, or change its status as an organism of the
human species.
Embryo transfer is a well-known procedure, distinct
from the nuclear transfer procedure used to do cloning. It is an essential
part of reproduction by in vitro fertilization, and is exactly the same
whether the embryo was created by fertilization or cloning. See NBAC's
definition:
"Embryo transfer - the introduction of a preimplantation embryo
into the uterus for growth and development." - NBAC, op. cit., p. A-2.
This is the procedure banned by the Hatch/Feinstein/Specter
bill. It bans "embryo transfer" when a cloned embryo is involved.
This
bill raises serious legal questions about the government's authority to
regulate the kind of child a woman may bear in her womb. It also raises
practical problems -- at the stage of development where embryo transfer might
be attempted, there is no reliable way to distinguish a cloned embryo from a
fertilized one. Most importantly, however, this procedure is simply not
cloning. It does not create an organism, but changes the location of an
organism already created.
5. The NAS report on cloning uses
several vague and incompatible definitions of "reproductive cloning."
For policy reasons the NAS wants to describe as "cloning" only the
transfer of a cloned embryo to a womb (for which it offers the term
"reproductive cloning"). But it offers no justification for contradicting its
own glossary's definition of cloning. In fact the NAS report at various points
offers three different meanings for "reproductive cloning" – these contradict
each other, and they all contradict the scientific definition in the report's
own glossary.
The text speaks of "reproductive cloning" as the
transfer of a cloned embryo to a uterus (NAS, page 6-6). This contradicts the
NAS's own glossary. Elsewhere the text refers to "reproductive cloning" as
creating a new "individual," and seems to equate "individual" with a born
infant (NAS, page 2-8). At yet another point the text equates "reproductive
cloning" with "cloning of adult animals" (NAS, page 1-1). Logically,
under these latter definitions, a law that required killing all cloned humans
at any time before birth (or at any time before reaching adulthood) could be
seen as a "ban on reproductive cloning."
S. 303 bans the transfer of
cloned human embryos into environments where they might survive to a later
stage. But disrupting the further development of an organism is very different
from preventing its creation.
6. Efforts to create euphemisms
for what is really human cloning
In the policy debate, euphemisms
have been produced to avoid calling human cloning what it is:
a. Embryo
cloning for research purposes is merely "nuclear transplantation" or "somatic
cell nuclear transfer," as contrasted with "reproductive cloning."
In
fact somatic cell nuclear transfer, or nuclear transplantation, are the terms
for the cloning procedure itself. This procedure is what efforts at human
cloning, whether for experimental or "reproductive" purposes, have in
common. Even the NAS report says that "reproductive" cloning "involves a
process called nuclear transplantation or somatic cell nuclear transfer" (NAS,
p. 1-1).
b. "Nuclear transplantation to produce stem cells" (NAS, p.
2-5)
This makes even less sense. Nuclear transplantation into an egg
does not produce stem cells – it produces an embryo, which can then either be
placed in a uterus (embryo transfer) or destroyed for research. Some
researchers want to use cloning to produce human embryos, then kill the
embryos for their stem cells. Proponents of cloning are trying to obscure this
fact. If a woman delivered a baby solely to obtain his or her kidney for
transplantation into someone else, would we say she had given birth to a
kidney?
c. "Therapeutic cloning"
This term is already being
discarded by researchers, since the idea that anything "therapeutic" may come
from this procedure is speculative at best. This is another euphemism for
experimental cloning in which embryos are created to be destroyed. There is,
of course, nothing "therapeutic" in the cloning process itself, or in the
lethal harm that will be done to the cloned embryo.
d.
"DNA-regenerative medicine"
This strange hybrid phrase was first used
at a February 5, 2002 Senate hearing on cloning. It makes the least sense of
all. To be sure, there is such a thing as the cloning of DNA strands, a
standard biological practice that does not produce an embryo and is not banned
by any pending bill. There is also an entire field known as
regenerative medicine, which chiefly uses adult stem cells and other
non-embryonic tissues. Neither of these has much relevance to human cloning.
In short: Relying on definitions provided by the proponents of human
cloning for research purposes, we can see that the use of somatic cell nuclear
transfer to make human embryos (for whatever purpose) is the only procedure
under debate that is accurately called human cloning. Members of Congress who
wish to ban other activities should call them by their scientifically accepted
names – not hijack the clear and well-defined term "cloning" for other
purposes.
__________________________
Secretariat for Pro-Life Activities
United States Conference of
Catholic Bishops
3211 4th Street, N.E., Washington, DC 20017-1194 (202)
541-3070
June 03, 2003 Copyright © by
United States Conference of Catholic Bishops