Ethical Issues in Fetal Tissue Transplants

Quoted in Neuhaus Richard John “The Return of Eugenics”, Commentary 85 (April 1988): 18.

Statement made in testimony before the NIH Panel, Sept. 15, 1988, and contained in the Report of the Human Fetal Tissue Transplantation Research Panel, vol. II, p. D68.

Statement made by Robin Chandler Duke, in testimony to the NIH Panel and contained in the Report of the Human Fetal Transplantation Research Panel, vol. II, p. D114.

A helpful summary of the scientific advantages of fetal tissue for some of these transplants is found in Auerbach Robert , and Wolfe Harold R. Report of the Human Fetal Tissue Transplantation Research Panel, vol. II, pp. D28–D31.

The medical discussion of Parkinson's disease is taken from Fine, Alan, “The Ethics of Fetal Tissue Transplants”, Hastings Center Report 18 (June/July 1988): 5.

DeGiorgio Christopher M. “Medical and Selected Ethical Aspects of Human Fetal Tissue Transplantation”, unpublished paper, Department of Neurology, USC School of Medicine (1988): 2.

Fine op. cit., 6.

Bopp James , and Burtchaell James “Fetal Tissue Transplantations: The Fetus as Medical Commodity”, This World 26 (Summer 1989): 67–68.

This World, 4. However, this is debated by Stuart A. Newman, professor of Cell Biology and Anatomy at the New York Medical College in his testimony before the NIH Research Panel on this issue. See Report of the Human Fetal Tissue Transplantation Research Panel (December 1988): vol. II D205-208.

Annas , George J. , Elias Sherman “The Politics of Transplantation of Human Fetal Tissue”, New England Journal of Medicine 320 (April, 20, 1989): 1081.

Medrazo I. , Drucker-Colin R. , Leon V. , Torres C. “Open Microsurgical Autograft of Adrenal Medulla to the Right Caudate Nucleus in Two Patients with Intractable Parkinson's Disease”, New England Journal of Medicine 316 (1987): 831–834.

DeGiorgio op. cit., 3.

Kiester Edwin Jr. “Spare Parts for Damaged Brains”, Science 86 (March 1986): 47–56.

McLoon Steven , Lund Raymond “Development of Fetal Retina, Tectum and Cortex Transplanted to the Superior Colliculus of Adult Rats”, Journal of Comparative Neurology 217 (1983): 376–89.

Sullivan Walter “Cell Implants Curb Parkinson's in Two Monkeys”, New York Times. May 17, 1986, 1.

Weiss Rick “Fetal Cell Transplants Show Little Promise”, Science News 134 (1988): 324.

Science News, 324.

Sladek , John R. , Shoulson Ira “Neural Transplantation: A Call for Patience Rather Than Patients”, Science 240 (June 10, 1988): 1387.

Nolan Kathleen “Genug is Genug: A Fetus is Not a Kidney”, Hastings Center Report 18 (December 1988): 13.

Washington Mildred “Fetal Research: A Survey of State Law”, Congressional Research Service Report for Congress (March 8, 1988): 1.

Robertson John A. “Rights, Symbolism and Public Policy in Fetal Tissue Transplants”. Hastings Center Report 18 (December 1988): 5.

Hastings Center Report 18 (December 1988), p. 12, note 37. The statute in Louisiana has been successfully challenged on constitutional grounds that it restricts the woman's right to an abortion guaranteed under Roe vs. Wade. However, it is unclear whether the law actually restricts the right to an abortion or the right to designate a recipient of the fetal tissue. It appears that the challenge assumed that the fetus was the right of the mother to dispose of as she wished.

Hastings Center Report 18 (December 1988), p. 12, note 28. These states include Arkansas, Illinois, Ohio, Louisiana, Oklahoma, Florida, Massachusetts, Maine, Michigan, Minnesota, North Dakota, Nevada, Rhode Island, Tennessee, Texas, Pennsylvania, Wyoming.

Consultants to the Advisory Committee to the Director, National Institutes of Health, Report of the Human Fetal Tissue Transplantation Research Panel, (December 1988): Vol. IIA 25.

This position appears primarily in the writing of John A. Robertson, law professor at the University of Texas Law School, in two principal articles: “Fetal Tissue Transplants”, Washington University Law Quarterly 66 (1988): 443–498, and “Rights, Symbolism, and Public Policy in Fetal Tissue Transplants, Hastings Center Repoort 18 (December 1988): 5-12.

Robertson “Fetal Tissue Transplants”, 461.

Robertson “Rights, Symbolism and Public Policy, 8.

Robertson “Rights, Symbolism and Public Policy in Fetal Tissue Transplants”, 10. Note that this Act was amended in 1988 to include fetal organs and tissue.

The intent of the family to conceive solely for the bone marrow donor is underscored by the fact that the father underwent surgery to reverse a vasectomy six months prior to conception of the child who will be the donor. See Orange County Register, August 31, 1990. The bone marrow transplant was performed in May, 1991.

Robertson “Rights, Sybolism and Public Policy in Fetal Tissue Transplants”, 8.

“Rights, Sybolism and Public Policy in Fetal Tissue Transplants”, 8.

“Rights, Sybolism and Public Policy in Fetal Tissue Transplants”, 9.

“Rights, Sybolism and Public Policy in Fetal Tissue Transplants”, He states that “the main ethical concern is to assure that her choice about tissue donation and the abortion is free and informed.”

Scott Janny “Van de Kamp Requests of Abortion Pill”, Los Angeles Times March 15, 1990: A3-4.

Lewin Tamar “Medical Use of Fetal Tissue Spurs New Abortion Debate.” New York Times August 16, 1987, 1. In contrast to this, Robertson suggests that “there is little reason now to think that women will abort to obtain tissue for transplant”. “Fetal Tissue Transplants”, 467.

“The willingness of most women to donate without a fee should make payment of abortion expenses unnecessary”. Robertson, “Fetal Tissue Transplants”, 10.

Robertson calls this a mere hypothetical possibility at present. He apparently was not aware of the public offers made in The New York Times article cited above.

Greely et al. “The Ethical Use of Human Fetal Tissue in Medicine”, 1095.

Report of the Human Fetal Tissue Transplantation Research Panel, Vol. I, 1–18.

This important point will be discussed in more detail in the presentation of the third major poisition.

For a further development of this point, see the banker and the drug trade parallel below.

This position is represented by Bopp and Burtchaell in their dissent from the majority opinion of the NIH Panel. The article cited earlier in This World 26 (Summer 1989) is identical to their statement of dissent contained in volume II of the Report of the NIH Panel.

Ramsey Paul The Ethics of Fetal Research (New Haven: Yale University Press, 1975): 89.

Bopp , and Burtchaell op. cit., 59.

This point is made by Kathleen Nolan, in “Genug ist Genug: A Fetus is Not a Kidney”, 14. The reference to Mahowald and team is taken from “The Ethical Options in Fetal Tissue Transplantation”, 9-15.

Nolan Kathleen op. cit., 18.

“Concern that the use of fetal tissue for transplantation in such cases could become an incentive for abortion thus appears well grounded.” Fine Alan , op. cit., 6.

Bopp , and Burtchaell op. cit., 62.

Lewin Tamar “Medical Use of Fetal Tissue Spurs New Abortion Debate,” The New York Times August 16, 1987, 1.

McKenzie Debra “Third World Kidneys for Sale,” New Scientist, (March 28, 1985): 7; “Embryos to Lipsticks?, New Scientist. (October 10, 1985): 21.

Bopp , and Burtchaell op. cit., 75.

Walters LeRoy “Ethical Issues in Experimentation on the Human Fetus”, Journal of Religious Ethics 2 (Spring 1974): 41, 48.

This alternative is proposed by Kathleen Nolan in “Genug is Genug: A Fetus is Not a Kidney”, 19.

Newman Stuart A. “Statement on Proposed Uses of Human Fetal Tissue”, Panel Report, vol. 11, D207.

See Mahowald et al. “The Ethical Options in Transplanting Fetal Tissue”, 12, 15.

Nolan Kathleen op. cit., 16.

Southwick Karen “Fetal Tissue Market Draws Profits, Rebuke”, Health Week (October 12, 1987): 1.

Moore v. Regents of the University of California, California Court of Appeal, 249 Cal. Rptr. 494 (1988). Review granted by California Supreme Court, 252 Cal. Rptr. 816 (November 10, 1988).

Nolan op. cit., 17.

Bracken Michael , Klerman Lorraine , Bracken Mary Ann “Abortion, Adoption or Motherhood: An Empirical Study of Decision-Making During Pregnancy”, American Journal of Obstetrics and Gynecology 130 (1978): 256–257.

Bopp , and Burtchaell op. cit., 67.

For the use of fetal pancreatic cells in the treatment of diabetes, see the Panel Report, vol. II, D255. For the use of neuroblastoma cells, see DiGiorgio op. cit., 12.

Panel Report, op. cit., E15.

Cited in the Panel Report, vol. II, D101. These guidelines reflect the statement of the Council of Europe, adopted in September, 1986. It should also be noted that, as of July, 1989, the British government adopted the recommendation of the Polkinghome Report that fetal tissue transplants from induced abortions be allowed. Interestingly, the Committee suggested that the fetus does have the same moral status as a human being from the fourteenth day after conception. Yet it denied that there is an iherent immorality involved in using the tissue from an induced abortion. If the fetus has such full personhood, the arguments favoring abortion and fetal tissue transplants are very difficult to maintain. See Dickson David “Fetal Tissue Transplants Win U.K. Approval”, Science 245 (August 4, 1989): 464–465.