WHITE PAPER: Alternative Sources of Pluripotent Stem CellS
The President's Council on Bioethics
Washington, D.C.
May 2005 www.bioethics.gov
Introduction
Human embryonic stem cells hold great interest because of their
pluripotency-their capacity to give rise to the various specialized
cells of the body-and because of their longevity-their ability to
be propagated for many generations in laboratory culture without
losing their pluripotency. Until now, these cells have been obtainable
only from living human embryos [at the 100-to-200-cell (blastocyst)
stage of development] by a process that necessarily destroys the
embryos and that therefore makes this research ethically controversial.
Over the past several years, the ethical controversy has been the
subject of federal (and state) legislation and public policy and
of ongoing public debate.i
The President's Council on Bioethics is committed to the goals
of advancing biomedical science and upholding ethical norms. Notwithstanding
our sometimes sharp individual ethical differences, we have recognized
that all parties to the debates about embryo research have something
vital to defend, and not only for themselves but for all of us.1
As members of a national public bioethics body, we are also mindful
of the need to understand and respect the strongly held ethical
views of our fellow citizens, even when we do not share them. For
these reasons, we must be receptive to any creative scientific or
technical suggestions that might enable scientists to proceed with
their research in ways that would not raise ethical questions or
violate the ethical principles of many Americans.
Accordingly, in an effort to find ethically uncontroversial ways
to advance human embryonic stem cell research, the Council has recently
been looking into specific proposals for obtaining pluripotent,
genetically stable, and long-lived human stem cells by methods that
would meet the moral standard of not destroying or endangering human
embryos in the process. This White Paper introduces these proposals
and begins an analysis of their strengths and weaknesses, ethical,
scientific, and practical. Because the scientific and practical
merits of these proposals are in large part empirical matters, not
settled in advance by mere speculation, we give special weight to
the ethical analysis. We also explore, in a preliminary way, whether
these alternative avenues of deriving and using pluripotent stem
cells are likely to be embraced by scientists or to become eligible
for federal funding.
Conceptually, four broad approaches present themselves. The stem
cells could be derived: (1) by extracting cells from embryos already
dead; or (2) by non-harmful biopsy of living embryos; or (3) by
extracting cells from artificially created non-embryonic but embryo-like
cellular systems (engineered to lack the essential elements of embryogenesis
but still capable of some cell division and growth); or (4) by dedifferentiation
of somatic cells back to pluripotency. In each of these four cases,
the scientific standard by which success should be measured is only
the desired functional capacity of the cells derived-stable
pluripotency-and not their origin (embryos, adults,
or artificial embryo-like clusters of cells). Should stem cells
obtainable by one or another of these methods turn out to have exactly
the same properties and capacities as embryonic stem cells (ESCs),
their value for scientific research should be no different from
that of standard ESCs.
Recently, more or less detailed examples of each of these four
approaches have been proposed or discussed.
According to the first proposal, pluripotent human stem
cells are to be derived from early IVF embryos (roughly 4-8 cells)
that have spontaneously died (as evidenced by the irreversible cessation
of cell division) but some of whose blastomeresii appear normal and healthy. Crucial to this approach
is (a) enunciating a concept of organismic death of an early embryo
and (b) devising criteria that permit a determination that embryonic
death has occurred. In addition, to satisfy the moral standard,
only those once-frozen embryos that are thawed and that die spontaneously
during efforts to produce a child will be eligible for post-mortem
cell extraction. This proposal was presented at the Council's December
3, 2004, meeting by Drs. Donald Landry and Howard Zucker of the
Columbia University College of Physicians and Surgeons.
According to the second proposal, pluripotent stem cells
are to be derived from blastomeres obtained by biopsy of an early
human embryo. Crucial to this approach is finding a stage of early
embryonic development at which (a) the removal of one or a few cells
by biopsy can be carried out without harming the embryo, while (b)
the cell or cells removed from the embryo are usable as a source
of pluripotent stem cells.
The third approach comprises a variety of proposals for
engineering "biological artifacts" possessing some of the developmental
capacities of natural embryogenesis (but lacking the organismal
character of human embryos) and containing cells from which pluripotent
stem cell lines can be derived. Crucial to this approach is demonstrating
both (a) that the developing entity is truly not a human embryo
and (b) that the cells derived from it are in fact normal human
pluripotent cells. In addition, one must show that creating such
biological artifacts does not itself introduce other ethical problems.
One such proposal ("Altered Nuclear Transfer") was presented at
the Council's December 3, 2004, meeting by Council Member Dr. William
Hurlbut.
The fourth proposal involves reprogramming human somatic
cells, perhaps with the aid of special cytoplasmic factors obtained
from oocytes (or from pluripotent embryonic stem cells), so as to
"dedifferentiate" them back into pluripotent stem cells. Crucial
to this approach is discovering a way to reverse cell differentiation
all the way to pluripotency, but not (as in cloning) even further
back to totipotency.iii
This White Paper describes each of these proposals and examines
them with a view to the following three questions:
Ethical Question: Is it ethically sound? That is, would
the proposed method overcome the ethical objections that have been
raised against current methods of deriving embryonic stem cells
that entail the destruction of human embryos? And does the proposed
method raise new ethical difficulties of its own that make it problematic,
worrisome, or even unacceptable?iv
Feasibility Question: Is it scientifically sound? That
is, might it reliably produce stable, pluripotent stem cell lines
of sufficient quality for biomedical research and, in due course,
for clinical trials in human beings?
Practical Question: From the perspective of both public policy
and research practice, is this proposal "realistic"? That is,
are there good reasons for believing that, if it is found to be
scientifically feasible, it might be adoptable-by scientists as
useful, by policy makers as legally eligible for federal support,
and by the people and their elected officials as morally worthy
of federal support? (In considering these questions, as we will
in each case below, we are not to be understood either (a) to be
making predictions about what scientists will in fact believe
or (b) to be offering recommendations for what policy makers should
in fact do. The first must await the arrival of relevant options;
the second must depend on an assessment of the ethical claims and
on prudential judgments to be made in specific circumstances that
we cannot predict. Still, practical people will want to know whether
any of this could become useful scientific practice or wise public
policy, and we are obliged to discuss some aspects of these questions.)v
I. Pluripotent Stem Cells Derived from Organismically
Dead Embryos (Landry-Zucker Proposal2)
This proposal begins by making a close analogy with the use of
human cadavers for biomedical research or as sources of organs.
Today, we find morally and socially acceptable the removal (with
consent) of vital organs from no-longer-living developed human beings
once they have been declared dead.3
Therefore, Landry and Zucker suggest, we should also find morally
and socially acceptable the removal (with consent) of materials
for stem cell derivation from no-longer-living undeveloped
human beings (human embryos) once they have been declared dead.
Applying the traditional concept of death-the irreversible loss
of the integrated functioning of an organism as a whole-to the earliest
stages of human life, Landry and Zucker propose a concept
of organismic death for the early-stage human embryo: the
irreversible loss of the capacity for "continued and integrated
cellular division, growth and differentiation."vi
As the criterion for determining organismic death
of an embryo produced by in vitro fertilization (IVF), they propose
the "irreversible cessation of cell division in the embryo observed
in vitro."
After fertilization in vitro, a high percentage of human embryos
that reach the 4- or 8-cell stage undergo spontaneous "cleavage
arrest"-that is, their cells simply stop dividing. The vast majority
of these arrested embryos do not resume cell division, never form
blastocysts, and are incapable of successfully implanting in the
uterus. In most cases, spontaneous cleavage arrest is associated
with chromosomal abnormalities in the cells of the developing embryos.
Yet some of the arrested embryos turn out to be "mosaic"-that is,
some of their cells exhibit chromosomal abnormalities, while others
appear to be (chromosomally, at least) normal blastomeres. It is
these normal-appearing blastomeres in cleavage-arrested, mosaic
embryos that may turn out to be a source of embryonic stem cells.
Landry and Zucker propose that those embryos that have undergone
irreversible cleavage arrest should be declared organismically
dead and hence suitable (with proper consent) for harvesting of
blastomeres for stem cell derivation.vii
To identify when organismic death occurs in IVF embryos, Landry
and Zucker propose a two-part research strategy. First, they propose
a "natural history" study to determine just when a non-flourishing
embryo in vitro ceases cell division irreversibly:
Previously frozen early embryos that have failed to divide within
24 hours of thawing and are [therefore] no longer wanted [because
they are no longer fit] for their original reproductive purpose
are observed every few hours for several additional 24-hour periods.viii After observing several hundred embryos,
the time beyond which no arrested embryo resumes division can be
determined. One can reasonably conclude that embryos that have not
divided by this period will not divide at any later time, i.e.,
they are organismically dead.
Second, they propose an experimental study to attempt to identify
physical or biochemical cellular markers that correlate with the
arrest of cell division and in whose presence any arrested embryo
could be declared dead:
[IVF] Embryos declared [organismically] dead could then be characterized
for secreted or cell surface markers or spectroscopic signatures
that correlate with the arrest of cell division. These markers and
signatures could then be tested for their predictive value. In this
manner the criteria for determining the death of a human embryo
could be refined.
According to Landry and Zucker, determining criteria of organismic
death through the natural history study would be sufficient to commence
efforts to derive human embryonic stem cells from dead embryos;
the subsequent experimental study could facilitate this effort by
rendering the determination of embryonic death more certain and
reliable.
A. Is It Ethically Sound?
The Landry-Zucker proposal is based on an attractively simple
ethical idea: it should be permissible to harvest cells from embryos
that have died (provided of course that their deaths have not been
caused or hastened for such purposes). Yet the final ethical assessment
of this proposal will depend very much on exactly how it is implemented,
within the practices and protocols of IVF. Several other pertinent
questions have been raised as well.
1. Can we be certain that the IVF embryos used in this proposal
are really dead?
This challenge unites two separate concerns, one about knowing
whether the criteria for death have been met in any particular case,
the other about the criteria themselves.
Landry and Zucker propose to harvest cells from 4- or 8-cell thawed
human embryos that have irreversibly ceased to divide. Since the
harvested cells are to serve as a source of stem cells, it is not
feasible to wait for the death and dissolution of each and every
cell before declaring the embryo dead and eligible for use in research.
To be useful for the project, the arrested embryos must contain
at least some viable cells that retain normal developmental potential.
Some of these cells, for example, might resume dividing if extracted
and placed in the proper milieu. How, then, can we be sure that
such an embryo is really dead? More generally, can we confidently
declare that an embryo is dead just because all of its cells have
stopped dividing? What exactly do we mean by the "organismic death"
of an embryo?
It must be acknowledged that the concept of organismic death-the
death of an organism as a whole-has not been commonly applied
to an embryo, that is, to any largely undifferentiated organism
so close to the beginning of its life. Moreover, even granting the
applicability of the concept, identifying the criteria for determining
organismic death for an embryo is, at least for now, more difficult
than it is for an adult, owing to the absence of any integrating
vital organs. Unlike a person at the end of life, an embryo has
no identifiable controlling organ-no brain to be considered "brain
dead," no heart that has ceased to beat and circulate the blood.
For now, our judgment that an embryo has lost "integrated function
as an organism" must be based simply on the observed absence of
coordinated cell division. It is partly for that reason that Landry
and Zucker hope that studies might reveal biochemical markers that
would put the phenomenological finding of irreversible cleavage
arrest on a sounder, "more objective" footing.
Yet despite these uncertainties, as Landry and Zucker suggest,
the life of an embryo (as of any organism) is more than just
the sum of the lives of its constituent cells; and the death of
an embryonic organism-as-a-whole is not the same thing as the death
of its constituent cells. For the embryo to develop as an integrated
organism, there must be an integrated set of internal signals directing
the differentiation, development, and growth of the multicellular
organism as a whole. The breakdown or absence of that set
of signals amounts to the death of the developing embryo, manifested
most clearly in the irreversible cessation of coordinated, organized
cell division. Just as a person can be declared dead even while
some of his organs and cells continue for a time to function and
grow, so an embryo can undergo organismic death even while some
of its individual cells may remain alive as cells, capable
of further division if isolated and placed in a suitable environment.
Landry and Zucker point to studies showing that a substantial
proportion of IVF embryos, after thawing, never exhibit any further
cell division, even though some of their blastomeres appear
otherwise normal. It is these embryos, they suggest, that can be
unambiguously declared "organismically dead," and whose normal-looking
blastomeres may be suitable candidates for embryonic stem cell derivation.ix
2. Will not this proposal put embryos at additional risk?
The Landry-Zucker proposal involves scrutinizing thawed IVF embryos
for signs of death and extracting cells from organismically dead
embryos. A reasonable concern is that this procedure should not
expose any living human embryos to risks they would not ordinarily
encounter in the practice of assisted reproduction. Sharing this
concern, Landry and Zucker place special strictures on which embryos
are to be used, both in natural history studies to determine the
criteria of death and in subsequent stem cell derivations. The only
embryos that would be considered for use would be those (1) that
were originally created with reproductive intent, (2) that were
thought healthy enough to be kept alive in cryostorage for possible
second or third child-producing attempts, and (3) that, after thawing,
turned out, alas, to be dead. The natural history research proposed
by Landry and Zucker would simply continue to watch those embryos
that were not making any developmental progress, in order to determine
more precisely exactly when they were irreversibly incapable of
further development. No living embryo would be subject to manipulative
intervention or to any procedure that increased its exposure to
harm. No new or extra embryos would be created for such research,
and no embryo would be deliberately killed or otherwise exposed
to harm. This "death watch" study proposed by Landry and Zucker
seeks only to discover which embryos are already dead, not to induce
weak or doomed embryos to die.
3. Changing practices and incentives for IVF practitioners.
The proposed experiments to determine the natural history of organismic
death in IVF embryos should be done in a way that does not compromise
the safety of, or make more physically or psychologically onerous,
current IVF clinical procedures. They also should not change incentives
and practices regarding embryo production. Some people worry that
approving the use of dead embryos for stem cell derivation will
lead to the creation of even more embryos than are now produced
in excess of reproductive need, precisely so that some could be
allowed to die for the sake of getting stem cells from them. Yet
it is important to note that, under the Landry-Zucker proposal,
embryos that divide normally upon thawing, but are allowed to die
by a human decision (not to transfer them into a woman's uterus),
would not be eligible for donation. Precisely in order to
avoid participation or complicity in the death of any embryos, their
proposal restricts use to only those embryos that fail altogether
to divide upon thawing and that have thus died "on their own." For
now, no change of practice or incentives would be likely or necessary,
since many embryos are thawed for a second reproductive trial and,
of these, a sizeable fraction (in some cases, close to one half)
fail to develop.4 Still, going forward it will be important to provide oversight
and assurance that the desire for material useful for the natural
history study or for stem cell derivation does not increase either
the number of frozen embryos that are thawed in an attempt to produce
a second pregnancy or the number created for reproductive purposes
in the first place. It would be an ethically dubious innovation
if the implementation of the Landry-Zucker proposal were to change
the incentives or the practices of IVF embryo creation or storage
in these ways.x
4. Issues for informed consent.
Additional discussions with the embryo-producing, child-seeking
patients that explain (and seek consent for) the proposed experiment
and use will be required. And a fitting informed-consent form will
have to be developed and approved. While this is well within the
scope of present practice, it will necessarily involve discussion
of the likely death of some embryos created by the IVF procedure.
Many clinicians shy away from using the word "death" to describe
what happens to the embryos that do not develop in vitro, fearful
that such a designation would imply that those embryos were in fact
alive and that they might therefore be held at fault for their resulting
deaths. Nevertheless, only a frank discussion of these facts could
produce meaningful consent from the patients. Discussion and suitably
documented agreements will also be needed to address additional
questions, including who owns the commercial rights to any human
pluripotent stem cell line created by this research.
5. For ethical purposes, is there a sufficiently strong analogy
between harvesting cells from dead embryos and harvesting organs
or removing tissues from dead persons?
Landry and Zucker base the ethical justification of their proposal
on the analogy with end-of-life organ donation. Yet the analogy
is not altogether exact: unlike the physician caring for a dying
patient, the IVF clinician does not in general treat the death of
an embryo as a grave matter. Certain standard IVF procedures, including
superovulation and cryopreservation of excess embryos, knowingly
increase the likelihood that many individual embryos will die or
be discarded;5 but this is not generally
considered a reason to forgo production and freezing of "extra"
embryos. Some observers, troubled by these aspects of the clinical
context in which this proposal would be carried out and disinclined
to benefit by complicity in these practices, do not find the analogy
with organ donation sufficiently compelling to justify the extraction
of cells from dead IVF embryos, especially when the intended use
of the extracted cells is scientific research rather than the immediate
use of organs to save dying patients.
Nonetheless, an exact analogy with organ donation is not required
to show that what Landry and Zucker are proposing is what they claim
it to be: a morally preferable alternative to the intentional
destruction of embryos. Death comes spontaneously to many embryos,
both in vivo and in vitro, and it is difficult to see how dissecting
spontaneously dead embryos can be said to harm them. And if the
principle "Once dead, then usable"-of course, with informed consent
and showing respect for the corpse-works ethically for removing
transplantable organs or research materials from dead adult human
beings, it should work equally well for dead human embryos (provided,
again, that the embryos are indeed dead and that their prospective
users have not deliberately killed them or neglected them so that
they would die). In the end, whether this proposal proves to be
morally acceptable and practically wise remains to
be seen.
B. Is It Scientifically Sound?
The Landry-Zucker proposal has yet to be tested, though it is
technically possible to begin testing it immediately, not only in
animals but also in humans. Three basic questions need to be answered:
Can objective markers of organismic death be found? Can pluripotent
stem cells be derived from dead embryos? If so, will they be chromosomally
(and otherwise) normal?
1. Can one find objective markers for organismic death?
It seems likely that the natural history study will identify "duration
without cleavage" as one objective marker of embryonic organismic
death, but the exact criterion has yet to be established.xi Whether additional biochemical
markers can be identified is not yet known, but, according to Landry
and Zucker, their discovery is not essential for the immediate implementation
of the proposal. Ultimately, the issue of markers is largely an
empirical question: one will not know the answer until the effort
to find them is made.
2. Can one in fact get usable pluripotent stem cells from
dead embryos?
Once embryos in vitro have been determined to be organismically
dead, a basic scientific question, still unanswered, is whether
pluripotent stem cells can then be derived, starting from any remaining
blastomeres. There is reason to believe that some cells in arrested
embryos may retain their developmental potential, which can be reactivated
by transferring them to the appropriate milieu; but the evidence
is very preliminary.6 In addition, recent work by Dr. Nicolai Strelchenko and colleagues
(working at Chicago's Reproductive Genetics Institute headed by
Dr. Yury Verlinsky) has described the production of human pluripotent
stem cells derived by culturing blastomeres removed from morula-stage
(8-24-cell) human embryos.xii7
The next step would be to show that stem cells can be derived from
single blastomeres extracted from 8-cell embryos.xiii It would then have to be shown that similar
results can be obtained using blastomeres extracted from organismically
dead IVF embryos.
3. Will the stem cells derived from dead embryos be normal
and healthy?
Questions have been raised regarding whether pluripotent stem
cell lines isolated from organismically dead IVF embryos would be
abnormal, and in particular, aneuploid (that is, having more or
fewer than the normal number of chromosomes).8 The answer cannot be given in advance, but there are reliable
methods for determining it in every case. Each isolated pluripotent
cell line would be grown in vitro, so that a detailed study could
subsequently be done on the chromosome complement of each cell line.
Such testing would identify those pluripotent stem cell lines with
a normal chromosome complement; repeated karyotype testing throughout
the period of laboratory culture and storage could confirm that
the chromosome complement remains normal. Moreover, while pluripotent
stem cell lines with a normal chromosome complement would have the
broadest potential therapeutic applicability, pluripotent stem cell
lines with specific abnormal chromosome complements (for example,
three copies of chromosome 21, as is observed in people with Down
syndrome) could be useful in basic studies of how (in this example)
the presence of the extra chromosome affects differentiation processes
that subsequently lead to a human genetic disease.
C. Is It "Realistic"?
Two kinds of practical questions have been raised: First, will
scientists want to work with these cells? And, second, will the
research be supportable by federal funding, under the legislative
and administrative restrictions now in place?
1. Scientific acceptance.
Scientists understandably want to work only with the best materials.
Why, it is asked, would they settle for cells derived from dead
embryos, especially since embryos that die early are generally abnormal,
either chromosomally or in other ways?xiv And why should they bother trying to develop
these cells lines, when they can use existing ESC lines or derive
new ones at will from living IVF ("spare" or newly created) embryos?
One answer is that they would welcome such cell lines if research
using them were eligible for federal funding. But a better answer,
and on the main question, is this: there is simply no way to know
in advance whether cells derivable from dead embryos are in fact
in any way inferior to cells derivable from still living blastocysts.
One must do the experiment and see.
2. Eligibility for federal funding.
The Landry-Zucker proposal aims to provide a basis for future
attempted isolations of pluripotent human stem cells by a procedure
in which no embryos are killed for the purposes of research. Only
embryos that are found to have died in the context of standard IVF
clinical procedures would be used in attempts to produce the stem
cells. Such experiments would ordinarily be considered human tissue
research and require local IRB approval. After that, most states
would permit the research.9 It is somewhat more difficult
to determine whether experiments to evaluate and implement the Landry-Zucker
proposal would be eligible for federal funding under current law
and policy. Two federal policies are particularly relevant: the
Dickey Amendment10
and President Bush's embryonic stem cell policy statement of August
9, 2001.11 The purpose
of the Dickey Amendment is to deny federal funds for any experiment
in which living human embryos are killed or harmed, while the intent
of the President's policy is to promote embryonic stem cell research
without sanctioning or encouraging future destruction of
human embryosxv; both
policies will have to be re-examined in the context of organismically
dead IVF embryos. Assuming Landry-Zucker criteria for embryonic
death are established and clinically met, it would appear that federal
funding for the further manipulation of such dead embryos would
not violate either the letter or the spirit of the Dickey
Amendment.xvi It is less clear whether the
same could be said of the natural history studies to determine the
precise criteria for embryonic organismic death, especially because
federal funding has never been available for IVF research or practice
or any treatment whatsoever of ex vivo embryos.xvii Nevertheless, a strong argument can be made
that the mere observation of embryos that had spontaneously ceased
to divide hardly constitutes doing them harm or causing their death.
Whether the President's policy and budget for federal funding of
stem cell research would-or should-be expanded to support either
research to derive stem cells from dead embryos or research on stem
cell lines already derived from dead embryos with private support
is a question whose answer will depend not only on the issue of
legal eligibility but also on the assessment of other ethical, scientific,
and prudential considerations of the sort we have just discussed.
II. Pluripotent Stem Cells via Blastomere Extraction from
Living Embryos Pluripotent stem cell lines could, in
theory, be derived starting from small numbers of cells ("blastomeres")
removed from living human embryos. Is there a stage of early
human embryonic development at which cells, capable of developing
in vitro into pluripotent stem cells, can be extracted without harming
the embryo's prospects for developing into a live-born child?xviii
Blastomere extraction from living IVF embryos is currently performed
to conduct what is called "preimplantation genetic diagnosis" (PGD).
PGD is a procedure increasingly being used in conjunction with assisted
reproductive technologies to test IVF embryos for genetic and chromosomal
abnormalities prior to uterine transfer for beginning a pregnancy.
PGD generally involves removal of a blastomere or two from living
6-8-cell embryos, and subsequent genetic tests on the removed blastomeres.
Following the genetic screening, the desired embryos, from which
one or two blastomeres have been removed, are then transferred to
women to initiate pregnancy. Although estimates
vary widely, one recent report suggested that more than 1,000 babies
had been born worldwide following PGD.12 Thus, apparently normal children have been born
following removal of one or two blastomeres from the 6-8-cell embryo.
However, long-term studies to determine whether
this procedure produces subtle or later-developing injury in children
born following PGD have been recommended13 and are sorely needed.
As indicated above, Dr. Nicolai Strelchenko and his colleagues
have shown that embryonic stem cells can be derived from human embryos
containing 8-24 cells (see reference 7). In their method, all
the cells of the embryo are disaggregated and cultured on feeder
cells (and the embryo is killed in the process). It may be some
time before stem cell lines can be reliably derived from single
cells extracted from early embryos, and in ways that do no harm
to the embryo thus biopsied. But the initial success of the Verlinsky
group's efforts at least raises the future possibility that pluripotent
stem cells could be derived from single blastomeres removed from
early human embryos without apparently harming them. xix
A. Is It Ethically Sound?
1. Harm to the embryo?
With the Landry-Zucker proposal, the major ethical issue concerned
the question of whether the embryos would in fact be truly dead.
Here, the major ethical issue concerns the question of possible
harm (and perhaps also benefit) to the still-living embryo whose
cells are removed. Removal of blastomeres from developing IVF embryos
in vitro is currently done primarily in the context of avoiding
pregnancies at risk for genetic disease. Toward that end, the PGD
techniques are used to test a group of embryos with a view to identifying
those embryos that can be transferred to the woman without carrying
known markers for genetic disease. (The embryos that do carry the
abnormal genes are discarded.) Strictly speaking, embryo biopsy
as currently practiced in PGD cannot be said to be undertaken for
any future child's benefit, since the procedure does not directly
help those embryos that are ultimately implanted. Also, the genetically
healthy embryos that are transferred to initiate a pregnancy will
have been subjected to the as-yet-unknown risks of the blastomere
biopsy procedure. For many individuals and couples, the known short-term
and potential long-term risks of the PGD technique are thought to
be more than balanced by the desire of the couple to have their
own biological child free from a specific genetic disease. Others
believe this practice is unethical, since it involves discriminating
against genetically disabled embryos and ultimately discarding them.
There also remains substantial debate about the ethical propriety
of using PGD in two specific cases: (1) to identify embryos that
would give rise to children who could serve as compatible bone marrow
donors for sick siblings,14 and (2) to determine the sex of the embryos
in order to be sure that only embryos of the desired gender were
transferred.15
How would the ethical analysis change if living embryo blastomere
extraction were to be performed not for PGD but for stem-cell derivation?
Assuming that single blastomeres extracted from early embryos could
in fact be used to derive pluripotent human stem cells, would this
procedure pass ethical scrutiny? Since the removal of a cell or
two from the embryo is not (usually) fatal, the individual embryo
that is biopsied is not killed. However, since the blastomere extraction
is not being performed for the good of the embryo, it might be hard
to justify the procedure ethically. As Dr. Gerald Schatten told
the Council in December 2002, "Embryo biopsy is a complicated technique,
and it's a very expensive technique, and it's not clear that it
is completely innocuous. So you would not go into embryo biopsy
unless there were compelling reasons for actually going through
all of the costs and expense and heroics of ART [assisted reproductive
technologies]."16
And even when prospective parents do elect to use ART, subjecting
otherwise healthy embryos to biopsy procedures in order to derive
stem cells seems ethically troubling. Indeed, even if the biopsied
embryo and the resulting child were not physically harmed, a strong
line of moral argument might still lead one to object on the grounds
that the embryo is being treated merely as a means to another's
ends. For there are more ways to do injustice to another human being
than by actions that do discernable or manifest harm. Using human
beings for purposes of no benefit to them and without their knowing
consent is one such injustice, even if doing so results in no evident
or eventual harm to body or psyche.
Such worries or objections might be moderated should the blastomere
removal be undertaken, at least in part, for the possible benefit
of the future child. As noted earlier, in embryo biopsy for PGD,
sometimes two blastomeres are removed. This raises the futuristic
possibility that one cell could be used for genetic diagnosis, while
the other cell is used to derive a line of stem cells genetically
autologous to the embryo and the child it becomes. Looking still
farther ahead, patients using IVF without concern for genetic
disease (and hence not interested in ordinary PGD) might nonetheless
consider blastomere removal solely for the purpose of deriving immunologically
compatible stem cells for their future child. Some might
consider such a practice ethically justified on the grounds that
the child born after uterine transfer of the embryo might later
derive medical benefit from the existence of a genetically matched
line of pluripotent stem cells, stored in case he needs it for future
disease therapy. Others, however, doubt the wisdom of exposing the
prospective child (while an embryo) to a hazardous procedure merely
for the sake of some hypothetical future benefit, or of encouraging
parents to practice embryo biopsy simply or mainly as a source of
"personalized" stem cells should their future child someday have
need of them.17 Besides, genetically matched stem cells can be more effectively
derived using the newborn's umbilical cord blood (a well-established
procedure), though it is unclear whether the stem cells isolatable
from cord blood will have all the same capacities as embryonic stem
cells.
2. Are the removed blastomeres not themselves the equivalent
of embryos or capable of developing into them?
Another possible source of ethical concern has to do with the
totipotency of early-stage human blastomeres in vivo.18 After the first cleavage of the fertilized
human egg in vivo, both resulting blastomeres are capable of forming
a complete embryo that grows into a child.xx It is not certain at what point in embryonic
development in vitro (as in IVF) such totipotency of the blastomeres
disappears; it may be that, by the 8-cell stage, sufficient differentiation
has taken place that individual human blastomeres are no longer
individually totipotent without aggregating them or combining them
with other early embryos. Clearly, however, if the blastomere removed
for biopsy has the potential to develop into an embryo and a child
on its own, some would find destruction of that blastomere ethically
objectionable. And, in any case, little would have been gained ethically
if the goal of the entire enterprise was a non-controversial procedure
for deriving stem cells that did so while avoiding destruction of
living embryos.
3. May one perform non-harmful blastomere extraction on embryos
that are NOT going to become children?
If embryo biopsy proves to be a usable source of pluripotent stem
cells, some might argue that it would be ethically permissible to
carry out such a procedure-not fatal and perhaps not harmful at
all-not only on embryos that were soon to be transferred to a woman,
but also on IVF "spare" embryos that are not ultimately selected
for uterine transfer. Indeed, because of the still unknown risk
of harm from blastomere removal to the child subsequently emerging
from a biopsied embryo, some have suggested that the biopsy procedure
can be ethically done only on an embryo that is definitely
not going to become a child. Others, however, consider any proposed
utilitarian treatment of such embryos to be morally unacceptable,
since it necessarily classifies "spare" (and still living) embryos
as ethically available for research uses.
4. Can the research necessary to test this proposal be conducted
in an ethically acceptable manner?
Learning how to implement this proposal-even for the variation
that would only seek stem cells that might eventually benefit the
child whose embryonic beginning was biopsied to obtain them-has
its own ethical difficulties. Techniques would have to be developed
for deriving pluripotent stem cells, not only from whole early-stage
human embryos, but also from individual blastomeres extracted from
an embryo. It may prove difficult to develop and refine those techniques
without exposing many human embryos to death and injury.xxi If embryo biopsy is to be embraced as a morally
uncontroversial way to derive stem cells, the research needed
to test the proposal and perfect the technique would have to avoid
killing or harming human embryos. It is far from clear that the
necessary research can be accomplished with this restriction in
place. Even if a perfected technique could someday derive stem cells
from single blastomeres harmlessly obtained, the failure to satisfy
this testing-stage ethical requirement could render this
option ethically little better than the currently controversial
methods for deriving embryonic stem cells.
5. Changing the practices of assisted reproduction.
There is ethically more at stake in this proposal than the fate
of individual biopsied embryos. There are also large issues raised
by the direct intrusion of research objectives into the practice
of reproductive medicine, while it is being practiced (that
is, in the moments when decisions about embryo transfer are still
being made). The Landry-Zucker proposal would make available for
stem cell derivation only those embryos that had already died. In
contrast, this embryo-biopsy proposal would manipulate still-living
embryos immediately destined for reproductive transfer. From the
perspective of the would-be parents, is it really better for them
(and for their child-to-be) if those performing PGD are concerned
not only with good diagnosis but also with procuring useful cells
for a research colleague? Decisions about how many and which embryos
to transfer are often made in stressful circumstances, where timing
is critical and the doctor's attention is limited. Bringing scientists
(or considerations of research) into this process, for reasons having
nothing to do with the well-being of parents and their children-to-be,
would seem to be a dubious intrusion. It would also make assisted
reproduction seem even more like manufacture, a process with many
side uses and side benefits, rather than simply a way to help people
have children. To say the least, much careful planning and oversight
would be needed to prevent the research interest from adversely
affecting the way reproductive medicine is practiced and the meaning
it has for the larger society.
B. Is It Scientifically Sound?
The recent work of Strelchenko and colleagues with disaggregated
8-24-cell embryos suggests that whole human embryos as early as
the 8-cell stage are potentially usable as a source of pluripotent
stem cells. This work would have to be reproduced and refined before
we could be certain that embryos at such an early stage are indeed
a dependable source of stem cells. It would then have to be shown
that stem cells can also be derived from isolated blastomeres extracted
from an 8-cell embryo.xxii
It seems far from certain that enough cells can be extracted from
the embryo to derive stem cells while also avoiding injury to the
embryo.
On the question of whether biopsy can be safely performed on early
stage embryos, there is mixed evidence from animal studies. Krzyminska
and colleagues, working with mouse embryos, found that "biopsy had
the least impact when performed at the 8-cell stage." When performed
on 8-cell embryos, they found that biopsy did not significantly
impair development in vitro or the rate of implantation after transfer;
but compared to intact embryos, fewer biopsied embryos (52% versus
71%) resulted in viable fetuses.19 Because human PGD is such a novel, still small, and as-yet-unstudied
practice, we do not have good data for the implantation rate for
biopsied-as compared with non-biopsied-human embryos.
In any event, since apparently healthy children have been born
after embryo biopsy at the 8-cell stage,xxiii it would appear to be possible to safely remove one or two
blastomeres from an 8-cell embryo in order to try to generate a
line of pluripotent human stem cells. Only further research and
effort can settle the matter.
C. Is It "Realistic"?
Let us assume that a stage of human embryonic development can
be identified at which cells can be removed without injuring the
still-living embryo, that a non-injurious procedure for removing
the cells is perfected, and that the cells can then be used to derive
pluripotent stem cells. Will scientists want to work with these
cells? And will the stem cell research be supportable by federal
funding, that is, both eligible under the legislative restrictions
and embraceable by administrative policies now in place?
1. Scientific acceptance.
Whether this approach is likely to be adopted by scientists in
the future as a way to produce pluripotent human stem cell lines
depends on several unknowns, central among them the efficiency of
the process (for example, how many good stem cell lines are obtainable
from how many biopsied embryos, and at what cost of effort and expense).
A further crucial consideration will be the properties of the pluripotent
stem cells that are produced by blastomere disaggregation of early
embryos. If the resulting pluripotent stem cells turned out to be
as good as or better than the current human embryonic stem cell
lines (derived from the inner cell mass of blastocysts, a later
stage of embryonic development), prospects for using this approach
would improve. If, however, the proposal were deemed ineligible
for federal funding, the prospects for this approach would not look
very good, given that there are several other well-established methods
for producing human embryonic stem cells.
2. Eligibility for federal funding.
An argument could be advanced that this approach complies with
the Dickey Amendment, as long as the embryos biopsied are truly
not harmed. But there is today insufficient evidence to determine
whether biopsied embryos are, by virtue of the procedure or the
removal of cells, in fact at risk of harm. Thus, although any derived
pluripotent cell lines might be eligible for funding, doing the
prior research to derive them might not be. A second obstacle
facing such prior research would be the longstanding Congressional
opposition to all federal funding of any activities involving in
vitro fertilization. Whether the President's policy and budget for
federal funding of stem cell research would-or should-be expanded
to support research on stem cell lines derived (with private support)
from biopsied embryos is a question whose answer will depend not
only on the issue of legal eligibility but also on the assessment
of other ethical, scientific, and prudential considerations of the
sort we have just discussed.
III. Pluripotent Stem Cells Derived from Biological Artifactsxxiv
Under this heading are various proposals to construct a biological
artifact, lacking the moral status of a human embryo, from which
pluripotent stem cells could then be derived. For example, Council
Member William Hurlbut has advocated what he calls "altered nuclear
transfer" (ANT), a procedure that, if successful, would offer a
way to produce pluripotent stem cells within "a limited cellular
system that is biologically and morally akin to a complex tissue
culture."20 This proposal, as yet untested
experimentally (even in animals), is conceptually based on modifying
the procedure of somatic cell nuclear transfer (SCNT), now used
to produce cloned embryos. In standard SCNT, a somatic cell nucleus
is introduced into an oocyte (egg cell) whose own nucleus has been
removed. The product is a cloned embryo (virtually identical, at
least genetically, to the organism from which the donor nucleus
was taken), the functional equivalent of a fertilized egg that is
capable (at least in some cases) of developing into all later stages
of the organism. ANT, the modified procedure proposed by Hurlbut,
involves altering the somatic cell nucleus before its transfer
to the oocyte, and in such a way that the resulting biological entity,
while being a source of pluripotent stem cells, would lack the
essential attributes and capacities of a human embryo. For example,
the altered nucleus might be engineered to lack a gene or genes
that are crucial for the cell-to-cell signaling and integrated organization
essential for (normal) embryogenesis.21
It would therefore lack organized development from the very earliest
stages of cell differentiation. Such an entity would be a "biological
artifact," not an organism. Removal of cells from, or even disaggregation
of, this artifact would not be killing or harming, for there is
no living being here to be killed or harmed. After extraction from
this artifact, the cells could have the missing gene or genes reinserted,
with a view to deriving "normal" pluripotent stem cells from them.
A. Is It Ethically Sound?
In offering his proposal for ANT, Hurlbut emphasizes that no embryo
would ever be created or destroyed; since the genetic alteration
is carried out in the somatic cell nucleus before transfer, the
biological artifact is "brought into existence with a genetic
structure insufficient to generate a human embryo." Hurlbut compares
the product of ANT to certain ovarian teratomas and hydatidiform
moles, genetically or epigenetically abnormal natural products of
failed fertilization that are not living beings but "chaotic, disorganized,
and nonfunctional masses." If, as Hurlbut suggests, the biological
artifact is ethically equivalent to a tissue culture, teratoma,
or mole, there would seem to be nothing ethically problematic about
harvesting stem cells from it. Nonetheless, a number of ethical
questions and concerns have been raised about this proposal.
1. Would not this "artifact" really be a very defective embryo?
Some people have wondered about the accuracy of the claim that
no embryo creation or destruction is entailed by the proposal. They
understand that the proposed biological artifact has, from the beginning,
a built-in genetic defect that prevents it from developing normally.
Yet they worry that this is not the production of a non-human entity
but the deliberate creation of a doomed or disabled human embryo,
or, in other words, that Hurlbut's proposal amounts to creating
and using "bad or sick embryos," rather than "non-embryonic entities."
Hurlbut's claim that his method would not yield a defective
embryo rests on the fact that a genetic alteration sufficient to
prevent embryogenesis is introduced into the nucleus before
it is transferred to the oocyte, and that the alteration would be
so fundamental that it would preclude the integrated organization
that characterizes a human embryonic organism. If no embryo is created,
then none is violated, mutilated or destroyed (which would be the
case if the alteration were introduced after normal fertilization).
Nonetheless, some critics wonder how the product of that nuclear
transfer is in fact essentially different from-and less an embryo
than-a fertilized egg into which the same disabling genetic alteration
is introduced only after normal fertilization. A person's
perception of the truth in this matter may depend on how easy it
is to turn the genetic defect on or off. The easier it is to activate
and deactivate the genetic defect, the more this proposal looks
like interfering with the normal development of an embryo
rather than manufacture of an artificial non-organismic structure.
Unless it can be shown that the artifact is not truly an
embryo-that is, that it lacks (by design) the possibility of becoming
not only a live-born human but an organized, differentiating early
human embryo and fetus-there will likely be ethical debate on whether
it is permissible to continue "abusing" the embryo-like entity by
suppressing the genes it needs for development. Furthermore, even
if the artifact were conclusively shown to lack genes indispensable
for becoming an organized, differentiating human embryo,
some critics might continue to insist that it was destined to become
a defective, severely deformed human embryo, the defect
and deformity having been deliberately inflicted on it by the scientist.
Experimental work in animals, however, might help resolve these
questions and allay these concerns. If, for example, the biological
artifact begins to grow in ways that resemble unorganized cells
in a tissue culture, critics may gain confidence in the non-embryonic
character of the product.
2. The ethics of egg procurement.
Like ordinary cloning-for-biomedical-research (SCNT), this altered
nuclear transfer proposal requires a (probably large) supply of
human oocytes, which would have to be donated, purchased, or produced
for research purposes. Some will find this troubling, and on multiple
grounds. Obtaining human oocytes currently requires hormonal stimulation
and superovulation in the women who would be donating or selling
their eggs, practices that carry significant medical risks to the
women, risks not easily justified when they themselves or their
prospective children are not the beneficiaries of the oocyte retrieval
(as are women undergoing these procedures in hopes of having children).
In addition to the medical risks, there are also ethical concerns
about the practice of commercializing human reproductive tissue
and about any buying and selling of eggs: the exploiting of poor
women, the coarsening of society's sensibilities, the developing
of markets in (reproductive) human tissues. More deeply, one critic
suggests, we must consider the implications and the consequences
of coming to regard human eggs and sperm as fungible raw materials,
to be used in ways that have nothing to do with their procreative
biological and human meaning. There is a risk that, in seeking to
avoid the problem of embryo destruction, we would thus be furthering
a dehumanized and utilitarian view of human beginnings as bad as
the one that this alternative proposal was trying to combat.22
There is, at least in theory, the possibility that human oocytes
can be obtained not from women egg donors by superovulation but
from ovaries surgically removed from patients or harvested from
cadavers. The ooocyte precursors extracted from these ovaries could
then be matured in vitro. Alternatively, the ovaries could be transplanted
into animal hosts and eggs produced by hormonal stimulation of the
animals.23 Research in this area is at a
very preliminary stage. And the objections just noted to non-reproductive
uses of human reproductive tissue could also be raised to obtaining
eggs in these non-invasive ways, should they ever become possible.
3. Ethical concerns about ANT itself.
To some observers, the procedures involved in ANT are inherently
objectionable. Certain commentators, for example, find the very
idea of tampering to put something destructive into the human genome,
even for a good cause, morally and aesthetically offensive. Some
find it aesthetically repulsive and ethically suspect to be creating
such neither-living-nor-nonliving, near-human artifacts, a practice
they regard as ethically no improvement over destroying early
embryos. Other critics of the ANT proposal argue that, while it
is ethically acceptable to modify the human genome for treatment
(with consent) of individuals with known genetic disorders, it is
quite another thing to do so for other than therapeutic purposes
or to do so in eggs or sperm before there is an existing needy individual.
Some think this is a major ethical boundary that ought not to be
crossed lightly.24
Others are troubled by the attitude of mastery or hubris implied
in a project that aims at engineering a human biological artifact.
In response to these objections, Hurlbut replies that the ANT
technique would be used only for serious scientific research within
the frame of therapeutic purposes beneficial to a large population
whose medical needs are of grave concern. Further, he points out
that we accept many medical and research practices that are aesthetically
ugly and morally worrisome, from cutting into a living body or brain,
to giving people a dose of disease for vaccination, to growing great
sheets of skin from cells harvested from foreskins. We do these
things-and many others like them-in the service of the higher goal
of healing, the very goal to which the ANT proposal is dedicated.25
4. Concerns about ANT on "slippery slope" grounds.
Several worries have been expressed not about the proposal itself
but about what it might lead to, or about what it might be seen
as justifying in the future. For some, the proposal appears to open
the door to a troubling new field of biomedical engineering. True,
its initial relatively modest goal is only to produce a biological
artifact capable of yielding pluripotent human stem cells while
not itself being a complete human organism with developmental potential.
And if, in the process, definite criteria could be established for
distinguishing between the not-human and the human, this proposal
might have the salutary effect of erecting boundaries that would
open avenues for scientific advance without threatening human dignity,
boundaries that do not now govern the practices of human embryo
research in the private sector. But, extrapolating into the future
from an ANT precedent, pursuing this proposal could-whether intentionally
or not-help to launch a new field of bioengineering, devoted to
manufacturing intermediate biological forms that are sufficiently
human to yield useful biomedical materials, but not so human that
it would be unethical to destroy or exploit them. Hurlbut's arguments
could be adapted to justify the deliberate production of teratomas,
hydatidiform moles, inter-species hybrids, and other ill-formed,
non-viable, but potentially useful biological artifacts. Once we
start down the road of deliberately engineering artificial entities
with some human properties, it is not obvious how bright ethical
boundaries between the acceptable and the unacceptable can be drawn.
A second "slippery slope" concern has to do with the flexibility
of the developmental stage at which disordered growth is set to
begin. Hurlbut's proposal involves building in a genetic alteration
that causes development to go irretrievably awry from the very start
of embryonic development. But suppose a useful genetic modification
were achieved that entailed chaotic and disorganized development
only at a later stage of embryonic (or even fetal) development.
Could not the ethical reasoning in defense of ANT be used
to argue that such further-developed but still inherently defective
entities are "fetus-like but not actual fetuses," and hence ethically
suitable for exploitation and destruction? (The same question is
relevant for ongoing destructive embryo research using normal IVF
embryos, whose exploitation and destruction are justified because
of the human benefits they might eventually bring.) It would certainly
be troubling if the ethical case for ANT could be used to justify
the creation and destruction of fetus-like entities. Hurlbut's proposal,
seeking a source of pluripotent human stem cells, confines its attention
to the early stages of embryonic development. But someone looking
for a source of tissues or even primordial organs might be tempted
to apply his reasoning to later and later stages of development,
not excluding the deliberate production of anencephalic fetuses
or even newborns, useful as a source of organs and tissues. Hurlbut's
criterion for being a truly human organism-"organization of the
species-typical kind"-would appear to be inherently malleable and
open to interpretation (and even mischief).
Arguments that worry about future extensions of present techniques,
or future applications to dubious ends, or future uses of current
ethical justifications to validate later unsavory practices, while
worth considering, tend to assume that people are either unable
or unwilling to draw the necessary distinctions and erect the necessary
ethical boundaries between current acceptable practices and future
unacceptable ones-an assumption that is readily subject to dispute.
But since the truth of this assumption cannot be known in
advance, and can only be demonstrated case by case and then only
by going forward and running the predicted risks, there is at least
some reason to wonder whether any newly devised technological solution
to the ethical problem of embryo destruction will not, in the end,
be creating or contributing to ethical problems worse than the one
it set out to cure.
B. Is It Scientifically Sound?
Although the proposal for ANT has yet to be tested, several scientists
have indicated that they believe that it can easily be made to work,
and a few are apparently ready to try it out in non-human animals.
It would be crucial to show that the disorganizing genetic or epigenetic
alteration introduced into the somatic cell nucleus before transfer
could be fully controlled, with predictable results, and fully reversed
without residual abnormalities in the derived cells extracted from
the embryo-like artifact. For unless the genetic engineering were
fully reversible, the resulting stem cells would likely carry genetic
or other alterations that might compromise the value of the stem
cells. Moreover, there may be a tension in this proposal between
ethical considerations, which require that insurmountable developmental
barriers be genetically built into the embryo-like entity from the
start, and technical feasibility, which would favor simpler barriers
to development that are easily and completely reversible. Presumably,
the more hard-wired the introduced defect is, the more difficult
it will be to reverse. However, it is quite possible that, with
a sufficiently determined research program, even the more technically
daunting versions of the proposal could be achieved.
It is important to note that both some of the strengths and some
of the weaknesses of the ANT proposal come from the fact that it
is basically a form of SCNT or cloning. On the positive side, if
successful, ANT could provide stem cells with a much greater diversity
of genotypes than is possible under current methods of stem cell
derivation (or under the other two proposals we have considered
so farxxv), allowing a far wider range
of medical possibilities such as disease modeling or drug testing.
Likewise, ANT would allow the generation of pluripotent stem cell
lines with pre-engineered alterations (such as enhanced immune response
or correction of a genetic defect) that might make them of more
scientific interest or therapeutic value.
On the negative side, however, attempts to clone mammals have
so far resulted in high rates of death, deformity, and disability
in the animals that come to birth following SCNT. In 2002, research
in the laboratory of Rudolph Jaenisch at MIT showed that, in cloned
mice, about 4% of genes function abnormally, owing mainly not to
mutations but to departures from normal activation or expression
of certain genes.26
It is not yet known whether similar genetic or epigenetic abnormalities
will also be found in any stem cell lines that might be derived
by ANT. Such problems are much less likely to be encountered in
stem cell lines derived from IVF embryos.
C. Is It "Realistic"?
1. Scientific acceptance.
Compared to deriving human embryonic stem cells from normal blastocysts,
procedures such as ANT are quite complex and would yield cells that
would then have to be restored to genetic normality before stem
cell lines could be derived. Many scientists, we suspect, would
be reluctant to attempt such challenging feats with no rational
purpose other than to satisfy the ethical objections of others,
and one prominent scientist in the stem cell and cloning field has
recently made such a complaint publicly (notwithstanding the fact
that the company for which he works has filed a patent application
for precisely such a procedure).27
Other scientists have reacted to news of the ANT proposal by describing
it as exceedingly complex and technically challenging, not even
testable without time-consuming experiments involving substantial
investment of precious resources.28 Even if federal funding for research on ANT-derived stem
cell lines were approved, stem cell scientists might prefer to seek
private funding of unrestricted stem cell research rather than follow
procedures that seem to them burdensome and scientifically useless.
Also, as Hurlbut himself acknowledges, proof of principle and safety-and-efficacy
experiments need first to be done in animals, and it might be many
months or even years before this process could be perfected using
human tissues. Many stem-cell scientists, eager to press forward,
are unlikely to wait for these new lines, especially if they are
not themselves bothered by the embryo destruction that necessarily
results when stem cell preparations are derived, as they are now,
from unused IVF embryos. On the other hand, there may be some scientists,
either opposed themselves to destroying embryos or hoping to find
a way around the current federal funding restrictions, who would
be willing and even eager to test Hurlbut's proposal in animals,
and several have apparently volunteered their collaborative services
for such animal trials.
2. Eligibility for federal funding.
If the biological artifacts created and destroyed under this proposal
were persuasively shown not to be human embryos, the proposal would
presumably be deemed consistent with the Dickey Amendment and therefore
eligible for federal funding. Whether the President's policy and
budget for federal funding of stem cell research would-or should-be
expanded to support research on ANT or other biological artifacts
(even in animals) is a question whose answer will depend not only
on the issue of legal eligibility but also on the assessment of
other ethical, scientific, and prudential considerations of the
sort we have just discussed.
D. Pluripotent Stem Cells via "Parthenogenesis."
Besides Hurlbut's ANT proposal, other methods of constructing
embryo-like artificial structures are under investigation, including
a technique recently demonstrated by Karl Swann and colleagues at
the University of Wales College of Medicine, in which a human oocyte
is biochemically "tricked into thinking it has been fertilized."29 The treated eggs divide to the
blastocyst stage (50-100 cells), at which point stem cells can presumably
be derived.30 Although
it undergoes several cycles of cell division, the "parthenogenetic"
(that is, unfertilized but still developing) blastocyst-like entity
is assumed by most commentators to lack entirely the potential for
development as a human being, and is therefore, arguably, not really
an embryo.xxvi If this is correct, then this technique might provide another
means for deriving pluripotent stem cells without creating or destroying
embryos. Yet the only experiment that could prove whether this plausible
assumption is in fact correct-transferring a parthenogenetic embryo
to a woman to try to bring it to birth-cannot be ethically attempted.
In the absence of such proof, the biological and moral status of
the parthenogenetic blastocysts is likely to remain in doubt and
controversial. Still, those who are convinced that parthenogenetic
embryos have no chance of development beyond the blastocyst stage
are likely to have few ethical objections to the production and
use of such entities.31 It remains to be seen whether viable and genetically stable
pluripotent stem cells can be derived from these parthenogenetic
blastocysts and whether imprinting and other issues related to their
parthenogenetic origin might limit their utility in research or
potential clinical trials. Under the present terms of the Dickey
Amendment, this proposal would be unlikely to be eligible for federal
funding, since the amendment specifically prohibits the use of federal
funds for research that may cause harm to an embryo produced by,
among other means, parthenogenesis.
IV. Pluripotent Stem Cells via Somatic Cell Dedifferentiation
A quite different route to the production of pluripotent
stem cells would be to reprogram differentiated somatic cells so
as to restore to them the pluripotency typical of embryonic stem
cells. The obstacles here are not ethical, but technical. Because
it involves neither the creation nor the destruction of human embryos,
the common ethical objection to human embryonic stem cell research
would not apply. But it would take new scientific advances and new
technological innovation before such "dedifferentiation" of somatic
cells back into pluripotent stem cells could be achieved. Several
suggestions have, however, been offered for how such dedifferentiation
might be achieved, and the value of success cannot be overstated.
For if it were possible to undo the differentiation of somatic cells,
running development in reverse back to the state of pluripotency,
it would in principle be possible for autologous pluripotent stem
cells to be obtained from the body of any human being. Such
individualized stem cells would then be available as a potential
source of personalized, immuno-compatible regenerative therapies.
A. Is It Ethically Sound?
There would seem to be nothing to object to ethically if procedures
were developed to turn somatic cells into pluripotent stem cells,
non-embryonic functional equivalents of embryonic stem cells. Of
course, if the dedifferentiation were pursued beyond (mere) pluripotency
to the point of yielding a totipotent cell-in effect, a cloned human
zygote-the moral status of such a cell would become a serious issue,
as would the permissibility of using it either for reproductive
or for research purposes. For a totipotent cell is, arguably, an
organism at the unicellular stage, and a strong case could be made
that the product is not a pluripotent stem cell but an embryo.
B. Is It Scientifically Sound?
Research into dedifferentiation of somatic cells is at a preliminary
stage, and it is much too early to know whether this will succeed.
It may prove possible to culture specific populations of somatic
cells-cells that may be especially susceptible to dedifferentiation-under
conditions that might get them to reverse their differentiating
epigenetic changes, thereby leading them to become more multipotent
or even completely pluripotent; there is also some hope of identifying
and isolating the chemical factors present in oocytes and other
cells (such as ESCs) that are responsible for maintaining or restoring
cells to pluripotency, and of using these chemicals to dedifferentiate
ordinary somatic cells (without the further need for oocytes or
embryos).
In nature, limited dedifferentiation is involved in the regeneration
of missing limbs in amphibians, though the precise mechanism is
not yet known.32
Studies have shown that some adult human somatic cell types (blood,
liver, muscle) can be chemically dedifferentiated back into their
corresponding multipotent progenitor cells (that is, adult stem
cells).33 Several research
laboratories have reported the direct isolation of cells from bone
marrow of children or adults that, when cultured in vivo, have or
acquire the capacity to differentiate into many mature cell types,
including cells originating from all three embryonic germ layers.34 These cultured human multipotent
cells also show the presence of certain biochemical properties ordinarily
found only in human embryonic stem cells. It is interesting to speculate
that it may be the same bone marrow stem cells, cultured in vitro
under different conditions, that revert in some cases to (rather
modestly multipotent) mesenchymal stem cells, in some other cases
(further back) to the clearly multipotent adult progenitor cells,
and in still other cases (yet to be achieved) to the ur-primordial
stem cell, the fully pluripotent stem cell, functionally equivalent
to an embryonic stem cell (though not of embryonic origin). If such
"graded dedifferentiations" are indeed the cause of the variations
seen among the cultivated stem cells now known to arise from bone-marrow
stem cells, further research-using also stem cells obtained from
umbilical cord blood-might very well turn out to yield the big payoff:
fully pluripotent stem cells, obtainable at will and altogether
without any involvement of embryos-and well suited for autologous
transplantation.
Another possible approach to somatic cell dedifferentiation relies
on knowledge that might be gained through cloning-for-biomedical-research.
In SCNT or cloning, a somatic cell nucleus is reprogrammed back
to totipotency by transfer into an enucleated oocyte. Presumably,
cytoplasmic factors that are present in the oocyte (and that may
also be present in cultured embryonic stem cellsxxvii) are responsible for the dedifferentiation that
takes place. If and when these cytoplasmic factors can be identified
and isolated, it may be possible to use them-instead of SCNT into
oocytes-to coax some ordinary somatic cells to dedifferentiate back
to the pluripotent stage.35 Once again, should the process of dedifferentiation go too far,
back to totipotency, the end result will not be a stem cell but
the functional equivalent of a zygote, and one would be back in
the ethical soup from which this proposal was intended to provide
an escape. Great care would therefore have to be exercised to ensure
that dedifferentiation, if and when it occurs, goes only so far
and no further. Given the complexity of the process, and how little
we now know about the factors that regulate differentiation and
its opposite, it is not likely that this (second) approach will
yield results in the near future.
C. Is It "Realistic"?
1. Scientific acceptance.
Certainly, dedifferentiation of somatic cells back to their corresponding
progenitor cells will likely be welcomed as a powerful new way to
produce large quantities of multipotent adult stem cells. If dedifferentiation
is perfected to the point of yielding cells as pluripotent as embryonic
stem cells, there is no reason to doubt that this procedure would
be widely embraced and the cells obtained widely used. An additional-clinical-potential
benefit of such cells would be that specialized cells derived from
them (for example, heart muscle cells, nerve cells) could be reintroduced
therapeutically into the patient from whom they were derived without
risk of immunological rejection.
2. Eligibility for federal funding.
Because this research does not involve human embryos at any stage,
it would not offend either the letter or the spirit of the Dickey
Amendment. Aside from the concern that dedifferentiation might proceed
too far (resulting in the functional equivalent of a zygote), there
would appear to be no obstacle to, or reason to oppose, federal
funding of research on dedifferentiation of somatic cells.
Conclusion The United States has been engaged
in a vigorous ethical debate about embryonic stem cell research,
prompted by tensions between the desire for biomedical progress
and respect for nascent human life. The scientific and medical promise
of stem cells has generated enormous excitement among researchers
and patient groups. The ethical issues raised by embryo research
have roused considerable public attention and concern. Many people
share the hope that stem cell research will eventually save lives
and yield the promised remedies for numerous chronic illnesses.
Many people (including many who are eager for regenerative medicine
to succeed) share the concern that embryonic stem cell research
depends on destroying human embryos and cheapens human life by creating
and using it for experimentation.
Some people hope that stem cells derived from non-embryonic sources
(known as adult stem cells) will turn out to be as good as stem
cells derived from embryos, but it is too early to tell which sort
of stem cells will be most useful for the treatment of which diseases.
Some believe that current federal law and policy governing the funding
of embryonic stem cell research are too restrictive, and that the
existing embryonic stem cell lines will not prove adequate for the
work ahead. Others believe that medical progress must not be purchased
by destroying human life, even at its earliest stages, and that
creation of human embryos specifically for use in research should
be outlawed.
Mindful of the moral weight of the arguments on the various sides
of this controversy, and charged with finding ways for science to
proceed while respecting moral norms, the Council has taken seriously
a number of recent proposals and suggestions for techniques to derive
new pluripotent stem cell lines in ways that might be ethically
uncontroversial.
This White Paper has summarized several current proposals for
obtaining pluripotent human stem cells that do not require destroying
human embryos. In each case, we have examined whether the proposal
is ethically sound, scientifically feasible, and practically "realistic."
The inquiry we have undertaken constitutes no more than a preliminary
hearing, designed mainly to see whether there are any insuperable
ethical, scientific, or practical objections to further consideration
of these proposals. Because all of these proposals are relatively
new, the ethical issues they raise need more discussion, and much
research would be needed before it became clear which of them, if
any, would succeed. Likewise, further legal interpretation and sober
political deliberation would be required to determine which of the
proposals are, under current law, eligible for federal funding
and which are both ethically and scientifically deserving
of such official national support. We hope that our analyses of
the ethical, scientific, and practical aspects of these proposals
will contribute to a more informed and comprehensive scrutiny of
their respective merits.
The analyses of this White Paper, while preliminary, do lead to
the following provisional assessments. The last proposal, dedifferentiating
somatic cells back to pluripotency, seems ethically the most unobjectionable,
but for now scientifically and technically uncertain; recent derivations
(from adults) of relatively undifferentiated multipotent stem cell
linesxxviii may be an encouraging, albeit preliminary, step toward this goal.
The first proposal, seeking to derive stem cells from organismically
dead embryos, has yet to be tested, even in animals. But the natural
history studies proposed could be undertaken forthwith and in an
ethical manner, not only in animals but also in humans, and we might
learn soon whether reliable objective criteria for determining death
of IVF embryos can be developed. The second proposal, seeking to
develop stem cells from blastomeres extractable from living embryos,
is also now technically feasible, though large ethical difficulties
remain, concerning especially the propriety of imposing risks of
embryo biopsy and blastomere removal on the born child the embryo
might become, solely for research of no benefit to him or her. The
third proposal, seeking to derive stem cells from genetically engineered
artificial entities, is technically the most demanding and ethically
the most complex and puzzling. Even its proponents agree that it
would need to be carefully tested in animals before any thought
of human trials could be countenanced.
Among these several proposals, the Council has no unanimous recommendation
to make. Different Council members are drawn more to one or less
to another of the four proposals. Each of us weighs the ethical
issues differently. And we have differing views on which approach
is likely to succeed technically or to be useful practically. A
few of us may suspect that the quest for alternative sources of
stem cells is misguided, and that we should continue using the embryos
we have (or can produce directly) in order to get any new stem cell
lines we need.
Yet on the limited ethical threshold question-"Does this
proposal appear to meet a minimum ethical standard to justify further
serious consideration and scientific exploration?"-the Council offers
the following provisional conclusions.36
The first proposal, deriving cells from organismically dead
embryos. Although it raises some serious ethical questions,
we find this proposal to be ethically acceptable for basic investigation
in humans, provided that stringent guidelines like those proposed
by Drs. Landry and Zucker are strictly observed. The results of
such investigations would help to determine whether the method would
in fact prove ethically acceptable in the long run.
The second proposal, blastomere extraction from living embryos.
We find this proposal to be ethically unacceptable in humans,
owing to the reasons given in the ethical analysis: we should not
impose risks on living embryos destined to become children for the
sake of getting stem cells for research. This approach could, of
course, be attempted in animals, but we do not yet see how results
from animal experimentation could alter this assessment of ethical
propriety in humans. We do not expect this method to become ethically
acceptable for human trials in the future.
The third proposal, cells derived from specially engineered
biological artifacts. Because this proposal raises many serious
ethical concerns, we do not believe that it is at this time
ethically acceptable for trials with human material. Although a
few of us are not eager to endorse even animal and other laboratory
work investigating potential human applications, most of us believe
the proposal offers enough promise to justify animal experimentation,
both to offer proof of feasibility and utility and to get evidence
bearing on some of the ethical issues. We find no insuperable ethical
objections to pursuing this proposal in animal models, which is,
we note again, all that the proponents now seek to do. The possibility
of any future endorsement of trying this approach in humans will
depend upon a more thorough ethical analysis made possible in part
by animal experiments.
The fourth proposal, cells obtained by somatic cell dedifferentiation.
We find this proposal to be ethically unproblematic and acceptable
for use in humans, if and when it becomes scientifically practical,
provided the line between pluripotency and totipotency can be maintained,
as discussed in the ethical analysis.
Despite any differences among us about the merits of each proposal,
the Council shares the view that the group of proposals here discussed-and
others like them that they might stimulate-deserve the nation's
careful and serious consideration. Because the Council is wholeheartedly
committed both to the advancement of science for the betterment
of humankind and to the defense of human freedom, dignity,
and the value of human life, we are pleased to endorse these
proposals as worthy of further public discussion, and
we are pleasedto encourage their scientific exploration in
accordance with the preliminary ethical judgments just offered.
A good part of our uncertainty today about the merits of
these proposals rests on the paucity of available scientific evidence
and of demonstrated technical prowess. Both enthusiasts and skeptics
regarding these proposals should agree at least on this: that further
empirical studies will be needed before the true potential of these
proposals can be properly assessed.
We conclude by stressing that while these four proposals are the
ones that seem most worthy of analysis and discussion at this time,
it is altogether possible, indeed likely, that other avenues to
human pluripotent stem cells not requiring the destruction of human
embryos may be proposed or discovered in the future. By limiting
ourselves to these current proposals, we do not intend to exclude
any additional ones. On the contrary, we publish this White Paper
to encourage scientists to creatively devise other and better proposals
and to highlight the appeal of the larger purpose: to find ways
to advance pluripotent stem cell research that all our fellow citizens
can wholeheartedly support. That end is, in the view of the Council,
a desirable goal for our society and one that justifies making the
extra effort to seek out, assess, and attempt new, ethically uncontroversial
methods of stem cell derivation.
_________________
Footnotes
i.
Since 1995, Congress has annually enacted legislation (the Dickey
Amendment) that prohibits the use of federal funds for research
in which human embryos are destroyed or harmed. In 2001, President
George W. Bush instituted the current policy, which permits
federal funding for research on those embryonic stem cell lines
already in existence, but not for derivation or use of any new
lines (the creation of which would require new embryo
destruction). Vigorous debates continue about the ethics of
embryonic stem cell research, as well as about the federal funding
policy. For a synoptic view of these ethical and political discussions,
including a history of the relevant public policy decisions,
see Monitoring Stem Cell Research: A Report of the President's
Council on Bioethics (2004), especially chapters two and
three. For the text of the Dickey Amendment, see endnote 10.
ii.
A "blastomere" (literally, a part of a "blast" or embryo) is
a cell contained within an early embryo (up to two days after
conception), which comprises a small number of such blastomeres.
Thus a 4-celled embryo contains four blastomeres, and an 8-celled
embryo contains eight blastomeres. Beyond the 8-cell stage,
on the third day after conception, the early embryo turns into
a compact sphere known as a morula; and on the fifth day after
conception, the morula becomes a blastocyst (100-200 cells),
a hollow ball of cells surrounding an inner cell mass. The cells
of an embryo at the morula or blastocyst stage, being more differentiated
than those of a 4-8-cell embryo, will not be referred to here
as blastomeres, although some authors use the term to describe
any cells of an embryo before it cavitates to become a blastocyst.
iii. A totipotent cell (for example, the fertilized egg or zygote)
is one that can give rise to the entire organism, including
the extra-embryonic membranes; a pluripotent cell (for example,
an embryonic stem cell) is one that can give rise to many if
not all the different cell types of the human body, but not
to the whole organism as a living integrated entity.
iv. The discussions in this paper take for granted the existing
practices of assisted reproduction, including in vitro fertilization,
the storage of frozen embryos for later reproductive use, and
preimplantation genetic screening and diagnosis (PGD) of in
vitro embryos prior to their transfer to initiate a pregnancy.
These practices raise ethical issues of their own, and some
people (including some Council members) object to them altogether.
Although we recognize that there are many, and often deep, questions
connected with the growing control over all aspects of human
procreation, we will (for the most part) not be analyzing or
arguing those questions here. We recommend, however, that they
not be lost sight of, especially as the political acceptability
of some of the proposals reviewed here will be influenced by
where people stand on those larger questions. And clearly, some
people will evaluate the proposals here under review not solely
in themselves, but also by assessing their relationship to and
potential effect on the way assisted reproduction is practiced,
and by judging whether the proposed uses of dead embryos, blastomere
biopsy, egg harvesting, and altered nuclear transfer create
incentives for engaging in practices they deem misguided, unethical,
or unwise.
v. Even if one or more or of these alternative sources of pluripotent
stem cells were to meet all these requirements (ethical soundness,
scientific feasibility, eligibility for federal funding, and
broad acceptability to scientists), there would still remain
the question of whether the cost of pursuing such alternatives-the
necessary investment of scientific energy and resources, and
the possible diversion of such energy and resources from other
promising avenues of research-would outweigh the benefits. This
White Paper does not pretend to answer that serious question,
for it cannot be answered a priori, in advance of knowing empirically
those costs and benefits. Moreover, how any person answers that
question will depend on how strongly he or she cares about the
additional "benefits" and "costs" of requiring scientific research
to respect certain moral boundaries and strongly held moral
qualms, in this case about protecting the moral worth of embryonic
human life.
vi.
From reference 2: "We propose that the [minimal] defining capacity
of a 4- or 8-cell human embryo is continued and integrated cellular
division, growth and differentiation. We further propose that
an embryo that has irreversibly lost this capacity, even as
its individual cells are alive, is properly considered organismically
dead."
vii. The cells of an organismically dead embryo have stopped
dividing altogether; their cleavage arrest is considered irreversible
in the sense that the cells show no tendency to resume dividing
while remaining part of the dead embryo. Of course, the
goal of the Landry-Zucker proposal is to retrieve from these
dead embryos some cells that can be induced to resume
dividing under conditions conducive to stem cell derivation.
viii.
It might be asked why Landry and Zucker confine their attention
to embryos that have been frozen and then thawed, as opposed
to "fresh" never-frozen embryos. The answer is that, in current
IVF practice, healthy-looking embryos that have reached the
4- or 8-cell stage but are not selected for transfer to the
uterus are generally frozen for possible future transfer attempts.
To delay freezing such embryos while looking for signs of cleavage
arrest would, arguably, subject the embryos to additional risk,
contrary to the intention of the proposal. In contrast, the
embryos of interest to Landry and Zucker-frozen embryos that
are thawed out but never resume cell division-are not, in current
IVF practice, either transferred to the uterus or frozen a second
time.
ix.
Yet here, too, a caution must be observed. As discussed elsewhere
in this paper (see section 2 on p. 29, as well as endnote 18),
we do not know precisely when, in embryonic development, human
blastomeres cease to be totipotent, that is, individually capable
of growing into a complete human being. To avoid the possibility
that the cells extracted from a dead embryo might be totipotent,
it would perhaps be advisable to carry out the Landry-Zucker
proposal using somewhat older cleavage-arrested embryos (containing
8 cells or more) rather than embryos as early as the 4-cell
stage.
x.
To turn this morally scrupulous proposal into morally scrupulous
practice would seem to require protocols and enforceable regulations
that would provide very strict monitoring and oversight. The
political acceptability of the Landry-Zucker proposal might
hinge on having a regulatory system in place so that there would
be some way to track IVF embryos (as the Canadians do), thus
ensuring that abuses do not creep in.
xi. "Failure to cleave 24 hours after thawing" may not prove
to be a sufficient criterion for organismic death, since, in
the study by Laverge, et al. [see endnote 4], roughly 10% of
embryos meeting that criterion showed some sign of further cleavage
by 48 hours after thawing.
xii. Note that most embryologists reserve the term "morula"
for embryos of more than 8 cells. See footnote starting on page
three above.
Deriving stem cells from isolated single blastomeres may prove
significantly more challenging than deriving them from disaggregated
blastocysts or morulae; in human ESC derivations achieved so
far, groups of cells have been cultured together, and it is
not known whether the presence of other cells is necessary for
the derivation of embryonic stem cells from a single blastomere.
xiii.
Council Member Janet Rowley has suggested that it would be strange,
while allowing large numbers of unwanted but otherwise normal
and viable IVF embryos to die, to ask scientists to make strenuous
efforts to rescue cells, potentially normal but potentially
abnormal, only from those thawed embryos that have spontaneously
stopped dividing.
xiv. The President's August 9, 2001, policy (see endnote 11),
which offers federal funding for research on embryonic stem
cell lines only if those lines were derived before the date
of the policy, is intended "to allow us to explore the promise
and potential of stem cell research without crossing a fundamental
moral line, by providing taxpayer funding that would sanction
or encourage further destruction of human embryos that have
at least the potential for life."
xv. The use of federal funds for the derivation of stem cells
from doomed but still-living embryos (the so-called "spare"
embryos, unwanted for transfer in efforts to produce a child)
violates the letter of the Dickey Amendment; the use of federal
funds for research on embryonic stem cells derived by someone
else's prior destruction of a living embryo violates the
spirit of the Dickey Amendment. Deriving stem cells only from
already dead embryos seems not to commit either of these violations.
xvi.
The Dickey Amendment has been enacted with the support of many
members of Congress who are unwilling to "take for granted"
the practices mentioned in the footnote on page six, including
freezing of embryos or even IVF itself.
xvii. At present, embryonic stem cells are typically derived
by extracting cells from the inner cell mass of the embryo at
the blastocyst (roughly 100-cell) stage; this entails the destruction
of the trophectoderm (that is, the outer ring of cells in the
spherical blastocyst structure, the precursor of the fetal contribution
to the placenta) and the death of the embryo.
xviii.
A similar idea was proposed by Representative Roscoe Bartlett
of Maryland as far back as 2001.
xvix.
Identical twinning can apparently take place during at least
two stages of the in vivo development process: Spontaneous separation
of the blastomeres at the two-cell stage leads to the formation
of twins with two separate placentas (about 1/3 of cases); while
embryo splitting at the blastocyst stage leads to the formation
of identical twins that share the same placenta (about 2/3 of
cases).
xx.
Indeed, in the initial studies showing the potential usefulness
of morula-stage human embryos as a source of stem cells, many
human embryos were obviously destroyed.
xxi.
Studies with mouse embryos have shown that isolated 8-cell blastomeres
will develop into vesicles of trophectoderm, containing little
or no inner cell mass, making derivation of ESC lines difficult.
And there is no reason to believe that things will be different
in humans. However, there has been one published report claiming
derivation of mouse ESC lines from isolated 8-cell blastomeres:
One cell line was obtained from 52 dissociated 8-cell stage
embryos. (See Delhaise, F., et al., "Establishment of an embryonic
stem cell line from 8-cell stage mouse embryos," European
Journal of Morphology 34, 237-243 [1996].) The Council is
grateful to Dr. Janet Rossant for these observations.
xxii.
Granting that apparently healthy children have been born following
IVF and PGD, does removal of one or two blastomeres from the
early human embryo have no effect on the child who is
later born? We cannot be certain. There is some evidence (at
least in mice) for asymmetrical division and distinct cell fates
at the early cleavage stages. (See Piotrowska-Nitsche, K., et
al., "Four-cell stage mouse blastomeres have different developmental
properties," Development 132, 479-490 [2005].) It is
possible that the loss of one or two blastomeres is entirely
rectified, but even if development proceeds in a healthy manner,
it may be that the child born is somehow a different child than
the one that would have resulted from an undisturbed embryo.
xxiii.
Here, as in so many other ethically charged situations, terminology
matters enormously. One must take special pains not to prejudice
consideration of the ethical issues by choice of terms that,
intentionally or unintentionally, incline readers and hearers
one way rather than another. This case is no exception. Precisely
because the purpose here is to create an entity that is not
in fact a human embryo, but that is nevertheless enough like
a human embryo that it too contains cells that can be cultured
to give rise to pluripotent stem cells, the artificially produced
entity must be at once "non-embryonic" yet "embryo-like." But
if the product is referred to as an "embryo-like" or (by analogy
to "android") "embryoid" body, people may be encouraged to overemphasize
its resemblance to an embryo and to slight the claim that this
product is decidedly not a human embryo. On the other hand,
if the product is referred to as a "non-embryonic" body or structure,
people may be encouraged to think that its desired non-embryonic
character has in fact been achieved. Since a major ethical issue
turns on whether or not the biological artifact is truly not
a living human embryo, all prejudgment by terminological fiat
should be, where possible, avoided. We therefore usually call
it (merely) a "biological artifact," denoting its origin but
leaving its essential status open.
xxiv.
This advantage would, however, be shared by the next proposal,
somatic cell dedifferentiation.
xxv.
However, live-birth parthenogenesis takes place naturally in
certain amphibians and has been induced artificially even in
mice. See Kono, T., et al., "Birth of parthenogenetic mice that
can develop to adulthood" (Letters to Nature), Nature
428, 860-864 (2004).
xxvi.
The Council is grateful to Dr. Markus Grompe for this observation.
xxvii.
See endnote 34.
_________________
Endnotes and References
1. President's Council on Bioethics, Human Cloning and Human
Dignity: An Ethical Inquiry, July 2002, pp. xxx and 121.
For discussion of these competing goods, see Chapter Six, "Ethics
of Cloning-for-Biomedical-Research." See also Chapter Three
("Recent Developments in the Ethical and Policy Debates") of
Monitoring Stem Cell Research: A Report of the President's
Council on Bioethics, January 2004.
2.
Landry, D. W. and H. A. Zucker, "Embryonic death and the creation
of human embryonic stem cells," The Journal of Clinical Investigation
114, 1184-1186 (2004). The transcript of the presentation and
discussion of this proposal at the December 3, 2004 Council
meeting is available online at www.bioethics.gov (see session
6). This proposal was anticipated in Grinnell, F., "Defining
embryo death would permit important research," The Chronicle
of Higher Education 49(36), B13 (May 16, 2003), and Grinnell,
F., "Human embryo research: from moral uncertainty to death,"
American Journal of Bioethics 4, 12-13 (2004).
3. Although there is a broad consensus on the ethics of posthumous
organ donation, there are some who have raised questions about
the adequacy of the criterion (typically, "brain death") by
which death ("irreversible loss of integrated functioning of
the person") is established. See President's Commission for
the Study of Ethical Problems in Medicine and Biomedical and
Behavioral Research. Defining Death: A Report on the Medical,
Legal, and Ethical Issues in the Determination of Death
(Washington: The Commission, 1981); Veatch, R. M., "The Conscience
Clause," in The Definition of Death: Contemporary Controversies,
ed. S. J. Youngner, et al. (Baltimore, Md.: Johns Hopkins University
Press, 1999), 137-160; Shewmon, D. A., "Brainstem death, brain
death and death: a critical re-evaluation of the purported evidence,"
Issues in Law and Medicine 14, 125-145 (1998); and Shewmon,
D. A., "Chronic brain death: meta-analysis and conceptual consequences,"
Neurology 51, 1538-1545 (1998).
4.
Landry and Zucker (op. cit.) refer to a study by Laverge,
et al., in which, "out of 166 frozen embryos thawed for further
growth, 78 embryos remained arrested at 24 hours after thawing,
and 71 showed no sign of further cleavage at 48 hours." See
Laverge, H., et al., "Fluorescent in-situ hybridization on human
embryos showing cleavage arrest after freezing and thawing,"
Human Reproduction 13, 425-429 (1998).
5.
D. H. Edgar and coworkers estimate that "the implantation potential
of a population of embryos was reduced by ~30% by being subjected
to cryopreservation." See Edgar, D. H., et al., "A quantitative
analysis of the impact of cryopreservation on the implantation
potential of human early cleavage stage embryos," Human Reproduction
15, 175-179 (2000).
See also the following studies cited
by Laverge, et al. (in the paper mentioned in endnote 4): Camus,
M., et al., "Human embryo viability after freezing with dimethylsulfoxide
as a cryoprotectant," Fertility and Sterility 51, 460-465
(1989); Levran, D., et al., "Pregnancy potential of human oocytes-the
effect of cryopreservation," New England Journal of Medicine
323, 1153-1156 (1990); Van Steirteghem, A., et al., "Cryopreservation
of human embryos," Bailliere's Clinical Obstetrics and Gynaecology
6, 313-325 (1992); and Van der Elst, J., et al., "Prospective
randomized study on the cryopreservation of human embryos with
dimethylsulfoxide or 1,2-propanediol protocols," Fertility
and Sterility 63, 92-100 (1995).
6.
Recently, animal studies have shown that some individual blastomeres,
removed from embryos that have ceased developing, can survive,
grow, and function normally if they are transplanted into a
still-living embryo that is itself developing normally. For
example, in their presentation to the Council, Landry and Zucker
pointed out work by Byrne and coworkers that showed that cells
from abnormal partial blastulae of cloned amphibian embryos
could be "rescued" by grafting them to normal host embryos where
they contributed to several tissues. See Byrne, J. A., Simonsson,
S., Gurdon, J. B., "From intestine to muscle: nuclear reprogramming
through defective cloned embryos,"Proceedings of the National
Academy of Sciences USA 99(9), 6059-6063 (April 30, 2002).
7.
Strelchenko, N., et al., "Morula-derived human embryonic stem
cells," Reproductive BioMedicine Online 9(6), 623-629
(2004). See also U.S. Patent Application 20040229350, "Morula
derived embryonic stem cells," filed November 18, 2004.
8. The question was raised by Council Member Dr. Paul McHugh,
at the December 2004 Council meeting. For discussion of this
point, see the transcript of the December 3, 2004 meeting (session
6), available online at www.bioethics.gov.
9. Studies reporting the derivation of human embryonic stem
cell lines starting from excess blastocysts from IVF procedures
and supported by private funding include: (1) Mitalipova,
M., et al., "Human embryonic stem cell lines derived from discarded
embryos," Stem Cells 21, 521-526 (2003), and (2) Cowan,
C. A., et al., "Derivation of embryonic stem cell lines from
human blastocysts," New England Journal of Medicine 350,
1353-1356 (2004).
10.
The Dickey Amendment, named for its author, former Representative
Jay Dickey of Arkansas, has been attached to the Health and
Human Services authorization bill each year since 1995. The
provision reads as follows:
(a) None of the funds made available in this
Act may be used for-
(1) the creation of a human embryo or embryos
for research purposes;
(2) research in which a human embryo or
embryos are destroyed, discarded, or knowingly subjected to
risk of injury or death greater than that allowed for research
on fetuses in utero under 45 CFR 46.208(a)(2) and section
498(b) of the Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term
'human embryo or embryos' includes any organism, not protected
as a human subject under 45 CFR 46 as of the date of the enactment
of this Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
The section of the Code of Federal Regulations
(CFR) to which the Dickey Amendment refers reads as follows:
45 CFR §46.208 Activities directed
toward fetuses in utero as subjects.
(a) No fetus in utero may be involved as
a subject in any activity covered by this subpart unless:
(2) the risk to the fetus imposed by the
research is minimal and the purpose of the activity is the
development of important biomedical knowledge which cannot
be obtained by other means.
The section of the Public Health Service Act
to which the Dickey Amendment refers reads as follows:
§289g. Fetal research
(Risk standard for fetuses intended
to be aborted and fetuses intended to be carried to term to
be same
In administering the regulations for
the protection of human research subjects which-
(1) apply to research conducted or supported
by the Secretary;
(2) involve living human fetuses in utero; and
(3) are published in section 46.208 of
part 46 of title 45 of the
Code of Federal Regulations or any successor
to such regulations-
the Secretary shall require that the risk
standard (published in section 46.102(g) of such part 46 or
any successor to such regulations) be the same for fetuses which
are intended to be aborted and fetuses which are intended to
be carried to term.
The minimal risk standard governing research
on fetuses is defined in the CFR as follows:
(i) Minimal risk means that the
probability and magnitude of harm or discomfort anticipated
in the research are not greater in and of themselves than those
ordinarily encountered in daily life or during the performance
of routine physical or psychological examinations or tests.
11.
See "Remarks by President George W. Bush on Stem Cell Research,"
as made available by the White House Press Office, August 9,
2001.
12.
Genetics and Public Policy Center, "Preimplantation Genetic
Diagnosis: A Discussion of Challenges, Concerns and Preliminary
Policy Options Related to the Genetic Testing of Human Embryos,"
Washington, D.C. (2004).
13. PGD can only be performed on embryos created through IVF.
There are already questions about whether specific forms of
IVF (in the absence of PGD) lead to an increased incidence of
some rare genetic diseases. (See for example, Gosden, R., et
al., "Rare congenital disorders, imprinted genes, and assisted
reproductive technology," Lancet 361, 1975-1977 [2003].)
In its 2004 report, Reproduction and Responsibility,
the Council issued a recommendation to "undertake a federally
funded longitudinal study of the impact of ARTs (Assisted Reproduction
Technologies) on the health and development of children born
with their aid."
14.
See, among other articles, Adams, K. E., "Ethical considerations
of applications of preimplantation genetic diagnosis in the
United States," Biomedicine and Law 22, 489-504 (2003);
Rechitsky, S., et al., "Preimplantation genetic diagnosis with
HLA matching," Reproductive BioMedicine Online 9, 210-221
(2004); Sheldon, S. and S. Wilkinson, "Should selecting savior
siblings be banned?" Journal of Medical Ethics 30, 533-537
(2004).
15.
American Society for Reproductive Medicine, Ethics Committee
Report, "Sex selection and preimplantation genetic diagnosis,"
Fertility and Sterility 72, 595-598 (1999); The Ethics
Committee of the American Society of Reproductive Medicine,
"Sex selection and preimplantation genetic diagnosis," Fertility
and Sterility 82 (Suppl. 1), S245-248 (2004).
16.
See, transcript of the December 13, 2002 Council meeting (session
6), available online at www.bioethics.gov.
17.
Cohen, E., personal communication to the Council, commenting
on this proposal.
18.
Can single blastomeres extracted from a 4- or 8-cell embryo
ever give rise to a whole organism? For human blastomeres, the
answer is not known, and there are substantial ethical objections
to performing the experiments that could assess this question.
In mice, apparently normal and fertile animals have been produced
from single blastomeres isolated from a 4-cell embryo (and from
two blastomeres isolated from an 8-cell embryo); but the blastomeres
had to be cultured in the presence of cells from "carrier embryos."
See Tarkowski, A. K., Ozdzenski, W., Czolowska, R., "Mouse singletons
and twins developed from isolated diploid blastomeres supported
with tetraploid blastomeres," International Journal of Developmental
Biology 45(3), 591-596 (2001). In experiments with non-human
primates (rhesus monkeys), Chan, et al., [see "Clonal propagation
of primate offspring by embryo splitting," Science 287,
317-319 (2000)] have reported that two blastomeres isolated
from an 8-cell embryo gave rise to a live.born monkey they called
Tetra. See also Schramm, R. D. and A. M. Paprocki, "Strategies
for the production of genetically identical monkeys by embryo
splitting," Reproductive Biology and Endocrinology, 2,
38 (2004).
19. Krzyminska, U. B., Lutjen, J., O'Neill, C., "Assessment
of the viability and pregnancy potential of mouse embryos biopsied
at different preimplantation stages of development," Human
Reproduction 5(2), 203-208 (1990).
20. Quotations from Hurlbut are from his paper presented to
the Council on December 3, 2004, "Altered Nuclear Transfer as
a morally acceptable means for the procurement of human embryonic
stem cells," available online in the December 2004 Council meeting
background materials at www.bioethics.gov. For Council discussion
of his paper, see transcript of the December 3, 2004 meeting
(session 6), also available online at www.bioethics.gov.
21.
Chawengsaksophak, K., et al., "Cdx2 is essential for axial elongation
in mouse development," Proceedings of the National Academy
of Sciences USA 101(20), 7641-7645 (May 18, 2004).
23. See, Gook, D. A., et al., "Oocyte maturation, follicle rupture
and luteinization in human cryopreserved ovarian tissue following
xenografting," Human Reproduction 18(9) 1772-1781 (2003).
24. See, for example, the public comment made to the Council
by Jaydee Hanson, representing the International Center for
Technology Assessment, at the December 2004 meeting (session
7), the transcript of which is available online at www.bioethics.gov.
25. For discussion of these issues, see transcript of the Council's
March 4, 2005, meeting (session 5), available online at www.bioethics.gov.
26. Humpherys, D., et al., "Gene expression in cloned mice derived
from embryonic stem cell and cumulus cell nuclei," Proceedings
of the National Academy of Sciences USA 99(20), 12889-12894
(October 1, 2002).
27. Robert Lanza, "The troubling prospect of genetic manipulation"
(Letter), Washington Post, p. A20, December 13, 2004.
Curiously, in September 2002, Advanced Cell Technology, the
company for which Dr. Lanza works, filed a patent for producing
genetically altered artificial embryo-like entities, partly
for the same purpose. The company's patent application summarizes
the main idea: "Methods for making human ES cells and human
differentiated cells and tissues for transplantation are described,
whereby the cells and tissues are created following somatic
cell nuclear transfer. The nuclear transfer donor is genetically
modified prior to nuclear transfer such that cells of at least
one developmental lineage are de-differentiated, that is, unable
to develop, thereby resolving the ethical dilemmas involved
in reprogramming somatic cells back to the embryonic stage."
(United States Patent Application 20020132346.)
28. See, Melton, D. A., Daley, G. Q., Jennings, C. G., "Altered
nuclear transfer in stem-cell research-a flawed proposal," New
England Journal of Medicine 351, 2791 (2004).
29. Rogers, N. T., et al., "Phospholipase C{zeta} causes Ca2+
oscillations and parthenogenetic activation of human oocytes,"
Reproduction 128(6), 697-702 (2004). See also Lin, H.,
et al., "Multilineage potential of homozygous stem cells derived
from metaphase II oocytes," Stem Cells 21, 152-161 (2003).
31. See, Kiessling, A. A., "Eggs Alone-Human parthenotes: an
ethical source of stem cells for therapies?" Nature 434,
145 (2005).
32. Brockes, J. P., "Amphibian limb regeneration: rebuilding
a complex structure," Science 276, 81-87 (1997).
33. See, for example, Chen, S., et al., "Dedifferentiation of
lineage-committed cells by a small molecule," Journal of
the American Chemical Society 126(2), 410-411 (2004); Odelberg,
S. J., et al., "Dedifferentiation of mammalian myotubes induced
by msx1," Cell 103(7), 1099-1109 (2000); and McGann,
C. J., Odelberg, S. J., Keating, M. T., "Mammalian myotube dedifferentiation
induced by newt regeneration extract," Proceedings of the
National Academy of Sciences USA 98(24), 13699-13704 (November
20, 2001).
34. The best known research is by Catherine Verfaillie and coworkers
at the Stem Cell Institute at the University of Minnesota Medical
School. See, for a recent update, Dr. Verfaillie's review essay
on "Multipotent Adult Progenitor Cells" (MAPCs), published as
Appendix J in Monitoring Stem Cell Research: A Report
of the President's Council on Bioethics, January 2004 (also
available online at www.bioethics.gov). A more recent publication,
by scientists at the University of Miami in collaboration with
French scientists, reports the cultivation of pluripotent human
cells from bone marrow (of human adults and children), after
a unique expansion and selection procedure under conditions
that were designed to mimic the in vivo environment of the early
human embryo. According to the report, these cells can be grown
for extended periods of time in culture, express genes similar
to those expressed by embryonic stem cells in culture, and
can be stimulated to differentiate into various adult tissue
types, including neuronal and pancreatic islet tissue. See D'Ippolito,
G., et al., "Marrow-isolated adult multilineage inducible (MIAMI)
cells, a unique population of postnatal young and old human
cells with extensive expansion and differentiation potential,"
Journal of Cell Science 117, 2971-2981 (2004). The relation
between the MIAMI cells and Dr. Verfaillie's MAPCs is unclear,
although it is possible that the MIAMI cells may be somewhat
less differentiated than the MAPCs. The research from both laboratories
needs to be reproduced by other scientists before its true promise
can be assessed. See also Yoon, Y-S., et al., "Clonally expanded
novel multipotent stem cells from human bone marrow regenerate
myocardium after myocardial infarction," The Journal of Clinical
Investigation 115, 326-338 (2005), and Kogler, G., et al.,
"A new human somatic stem cell from placental cord blood with
intrinsic pluripotent differentiation potential," Journal
of Experimental Medicine 200, 123-135 (2004).
35. See, in particular, Byrne, J. A., et al., "Nuclei of adult
mammalian somatic cells are directly reprogrammed to oct-4 stem
cell gene expression by amphibian oocytes," Current Biology
13, 1206-1213 (2003), and Gurdon, J. B., Byrne, J. A., Simonsson,
S., "Nuclear reprogramming and stem cell creation," Proceedings
of the National Academy of Sciences USA 100 (Suppl. 1),
11819-11822 (September 30, 2003).
36. For the Council's discussion that gave rise to these provisional
conclusions, see transcript of the Council's March 4, 2005,
meeting (session 5), available online at www.bioethics.gov.
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