Law and practice in human embryology : contemporary legislation and suggestions

Abstract

At the heart of human biotechnology is the embryo. It was the study of the embryo and the ability to fertilize the human embryo in a glass on the laboratory that led to the explosion of general interest in human embryology. This of course raised the question of the legitimacy of the majority of embryological practices. There are a number of perspectives from which one might approach this question. However there is one unavoidable and central issue, the status of the embryo and fetus. I never studied embryology but I know how important it is for the study of mankind. It is not always easy to understand the different scientific concepts involved. Also in many instances, example in doing the chapter concerning the moral status of the human embryo I met with difficulties in understanding ethical philosophy. This thesis is mainly dedicated to the status of the human embryo but references are also made to the human fetus. Emphasis is made on their biological, moral and legal aspects, which are far from uniform. Do the embryo and fetus have any rights at law? The revision of comparative law will, perhaps help to answer such a debatable question. In the last chapter the need for legislation is obvious because such disputed practices cannot be left out of the scope oflaw, even though enacting the right legislation will be far from easy. In preparing this thesis I was continuously meeting with new ideas thus for me it was difficult to come to my own conclusion. My own views were continuously being questioned and at times I felt like a hypocrite, example how can I be in favour of in vitro fertilisation but then be against stem cell research? However I have tried to objectively present the various, often conflicting, viewpoints in an attempt to reach my own conclusion as regards what should be the local practice, backed by adequate legislation.