Transcript Stem Cells and the Law

Stem Cells:
Ethical Considerations
David Orentlicher, MD, JD
Indiana Schools of Law and Medicine
March 25, 2009
What are stem cells?


Original Cell (totipotent)
Embryonic Stem Cells (pluripotent)

? Induced pluripotential stem cells
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Adult Stem Cells (multipotent)

Adult Cells (highly specialized)
Why are stem cells important?
 May
be able to treat a wide range
of diseases involving the loss of
normal cellular function (e.g.,
people with heart attacks,
Parkinson’s disease, spinal cord
injury, or cirrhosis of the liver).
 Potentially unlimited supply of
replacement cells
Why are stem cells controversial?
 Taking
stem cells from embryos
destroys the embryos
 If the embryo is a person at conception,
taking stem cells is akin to removing a
heart from someone while still alive for
transplantation
 Destroying embryos erodes the sanctity
of life
The response to stem cell critics
Rather than viewing embryos as persons,
we should view them as having the
potential for becoming persons
 The embryos are sitting in a laboratory
freezer, not in a woman’s body—left alone,
the embryos do not become people

 How
should we punish someone who destroys
frozen embryos?
The response to stem cell critics
 Destroying
embryos for no purpose
may erode societal respect for life
 But stem cells are taken to heal
disease and prolong life
Responding to uncertainty

If we are uncertain about the embryo’s
moral status and the medical promise of
stem cells, how does that affect the analysis
(i.e., who bears the burden of proof)?
 Err
in favor of treating illness in living
persons? (human vs. potential human)
 Err in favor of not destroying a potential for
life? (adult stem cells may be sufficient)
Responding to uncertainty
 Even
if it is wrong to destroy an
embryo because of its potential for life,
what of embryos that are destined for
destruction?
 In
the UK, unclaimed embryos are
routinely discarded—taking stem cells
from these embryos does not shorten the
lifespan of the embryos
Presidential policy

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Bush: federal funding for existing stem cell lines
that were derived: (1) with the informed consent
of the donors; (2) from excess embryos created
solely for reproductive purposes; and (3) without
any financial inducements to the donors
Obama: federal funding for “responsible,
scientifically worthy human stem cell research,
including human embryonic stem cell research,
to the extent permitted by law.”
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Current law prohibits federal funding to create new
cell lines