Procreation by Cloning: Crafting Anticipatory Guidelines

Wilmut I. , “Viable Offspring Derived from Fetal and Adult Mammalian Cells,” Nature, 385 (1997): 810–13.

Kolata G. , “On Cloning Humans, ‘Never’ Turns Swiftly Into ‘Why Not’,” New York Times, Dec. 2, 1997, at 1.

National Bioethics Advisory Commission, Cloning Human Beings: Report and Recommendations of the National Bioethics Advisory Commission (Rockville: National Bioethics Advisory Commission, June 1997).

Brumby M. Kasimba P. , “When is Cloning Lawful?,” Journal of In Vitro Fertilization and Embryo Transfer, 4 (1987): At 198.

Hall J.L. , “Experimental Cloning of Human Polyploid Embryos Using an Artificial Zona Pellucida,” Paper presented at the 1993 Annual Meeting of the American Fertility Society, Montreal (Oct. 11–14, 1993), Prog. Supp., at S1 (on file with author).

Jones H.W. Jr. Edwards R.G. Seidel G.E. Jr. , “On Attempts at Cloning in the Human,” Fertility and Sterility, 61 (1994): 423–26.

See Hall , supra note 5.

Bonnicksen A.L. , “Ethical and Policy Issues in Human Embryo Twinning,” Cambridge Quarterly of Healthcare Ethics, 4 (1995): 268–84.

Kolberg R. , “Human Embryo Cloning Reported,” Science, 262 (1993): 652–53; and Jones Edwards Seidel , supra note 6.

Voelker R. , “A Clone By Any Other Name is Still an Ethical Concern,” JAMA, 271 (1994): 331–32. See also National Institutes of Health, Final Report of the Human Embryo Research Panel (Bethesda: National Institutes of Health, Sept. 1994), which concluded that twinning for research purposes was “particularly sensitive” and warranted additional ethical review. Id. at 11.

See Jones Edwards Seidel , supra note 6. Stated otherwise, “placing several genetically identical embryos in the uterus will not increase the chances of pregnancy if one embryo with that genome would not have implanted.” Robertson J.A. , “The Question of Human Cloning,” Hastings Center Report, 24, no. 2 (1994): At 7.

National Bioethics Advisory Commission, supra note 3, at 67.

McCormick R.A. , “Blastomere Separation: Some Concerns,” Hastings Center Report, 24, no. 2 (1994): 14–16.

See, for example, Andrews L.B. Elster N. , “Cross-Cultural Analysis of Policies Regarding Embryo Research” (1994) (unpublished manuscript commissioned for the National Institutes of Health) (on file with author). See National Institutes of Health, supra note 10.

Ethics Committee, American Society for Reproductive Medicine, “Ethical Considerations of Assisted Reproductive Technologies,” Fertility and Sterility, 67, no. 5, Supp. 1 (1997): At 4S–5S.

National Advisory Board on Ethics in Reproduction, “Report on Human Cloning Through Embryo Splitting: An Amber Light,” Kennedy Institute of Ethics Journal, 4 (1994): 251–82; and “NABER Report on Human Cloning Through Embryo Splitting: An Amber Light,” NABER Report, 1, no. 1 (1995): 3.

H.B. 2235, 90th Leg., Reg. Sess. (Ill. 1997) (Human Cloning Prohibition Act).

See National Institutes of Health, supra note 10, at 39.

Solter D. , “Lambing by Nuclear Transfer,” Nature, 380 (Mar. 7, 1996): 24–25 (reporting on Willadsen S.M. , “Nuclear Transplantation in Sheep Embryos,” Nature, 320 (Mar. 6, 1986): 63–65).

See National Institutes of Health, supra note 10, at 39; and Wilmut , supra note 1.

Meng L. Wolf D.P. , “Nuclear Transfer in the Rhesus Monkey,” Abstracts of the 51st Annual Meeting of the American Society for Reproductive Medicine, Seattle (Oct. 7–12, 1995), Prog. Supp., at S236 (on file with author).

Campbell K.H.S. , “Sheep Cloned by Nuclear Transfer from a Cultured Cell Line,” Nature, 380 (Mar. 7, 1996): 64–66.

See National Institutes of Health, supra note 10, at 41 n.46; Pennisi E. Williams N. , “Will Dolly Send in the Clones?,” Science, 275 (Mar. 7, 1997): 1415–16; and Pennisi E. , “After Dolly; A Pharming Frenzy,” Science, 279 (1998): At 648.

Rubenstein D.S. , “Germ-Line Therapy to Cure Mitochondrial Disease: Protocol and Ethics of In Vitro Ovum Nuclear Transplantation,” Cambridge Quarterly of Healthcare Ethics, 4 (1995): At 326; and Solter , supra note 19, at 24. See also “Whatever Next?,” Economist, Mar. 1, 1997, at 80.

Shushan A. Schenker J.G. , “The Use of Oocytes Obtained from Aborted Fetuses in Egg Donation Programs,” Fertility and Sterility, 62 (1994): 449–51.

Bonnicksen A.L. , “Fetal Motherhood: Toward a Compulsion to Generate Lives?,” Cambridge Quarterly of Healthcare Ethics, 6 (1997): 19–30.

See Wilmut , supra note 1, at 811–12.

See National Bioethics Advisory Commission, supra note 3.

Ethics and Theology: A Continuation of the National Discussion on Human Cloning: Hearing before the Subcomm. on Public Health and Safety of the Senate Comm. on Labor and Human Resources, 105th Cong., at 2 (1997) (testimony of Robertson J.A. , professor of law) (hereafter Hearings).

See National Bioethics Advisory Commission, supra note 3, at 66–67. See also Kass L.R. , “The Wisdom of Repugnance,” New Republic, June 2, 1997, at 17–26.

National Bioethics Advisory Commission, supra note 3, at 67.

See id. at 72–74.

See id. at 74.

See id. at 74–75.

See id. at 95; and Cohen S. , “What Is a Baby? Inside America's Unresolved Debate About the Ethics of Cloning,” Washington Post Magazine, Oct. 12, 1997, at 15.

See Hearings , supra note 29, at 4 (testimony of J.A. Robertson).

Office of Government and Media Relations, American Society for Reproductive Medicine, “ASRM Statement on Human Cloning Through Nuclear Transplantation” (June 5, 1997).

H.R. 922, 105th Cong. (1997) (Human Cloning Research Prohibition Act).

For citations, see National Bioethics Advisory Commission, supra note 3, at 104.

See Andrews Elster , supra note 14, at 30 (citing Danish Law 353 (1987)); and “Law No. 35/1988 of 22 November 1988 on Assisted Reproduction Procedures,” International Digest of Health Legislation, 40 (1989): 82–93 (citing Law on Assisted Reproduction Procedures, (B.O.E. 1988, 35) (Sp.)).

“German Embryo Protection Act (October 24th, 1990): Gesetz zum Schutz von Embryonen,” Human Reproduction, 6 (1991): 605–06.

“Human Fertilisation and Embryology Act 1990,” International Digest of Health Legislation, 42 (1991): At 70 (citing Human Fertilisation and Embryology Act, 1990, ch. 3.(3)(d) (U.K.)).

See Andrews Elster , supra note 14, at 77; and Masood E. , “Cloning Technique Reveals Legal Loophole,” Nature, 385 (Feb. 27, 1997): 757.

See Masood , id.

See Andrews Elster , supra note 14, at 50, 71.

See Knoppers B.M. , “Cloning: An International Comparative Overview” (1997) (unpublished manuscript commissioned for the National Bioethics Advisory Commission) (on file with author). See National Bioethics Advisory Commission, supra note 3.

Royal Commission on New Reproductive Technologies, Proceed with Care: Final Report of the Royal Commission on New Reproductive Technologies (Ottawa: Minister of Government Services Canada, 1993): At 741.

Ethics Advisory Board, Department of Health, Education, and Welfare, Appendix: HEW Support of Research Involving Human In Vitro Fertilization and Embryo Transfer (Washington, D.C.: U.S. Government Printing Office, 1979): At 173, 182.

Warnock M. , A Question of Life: The Warnock Report on Human Fertilisation and Embryology (Oxford: Basil Blackwell, 1985): At 73.

See National Institutes of Health, supra note 10.

H.R. 922, 105th Cong. (1997); H.R. 923, 105th Cong. (1997); and S. 368, 105th Cong. (1997).

See Haglund K. , “Research Coalition Promises No Human Cloning by Members,” Journal of NIH Research, 9 (Nov. 1997): 20–21.

For citations of some bills, see National Bioethics Advisory Commission, supra note 3, at 104.

S.B. 1344, 1997–1998 Leg., Reg. Sess. (Cal. 1997) (enacted) (Human Cloning).

Universal Declaration on the Human Genome and Human Right (visited Dec. 23, 1997) <http://www.unesco.org/ibc/uk/genome/projet/index.htm>. The Declaration was passed unanimously by the United Nations Economic and Social Council's 186 member states. See “UN Weighs in on Cloning,” Science, 278 (1997): 1407.

Europ. T.S. No. 168, art. 1.1. See also “UN Weighs in on Cloning,” id.

See, for example, National Bioethics Advisory Commission, supra note 3, at 95–103.

See Andrews L.B. , “The Current and Future Legal Status of Cloning” (1997) (unpublished manuscript commissioned for the National Bioethics Advisory Commission) (on file with author). See id. at 35–36. The American Society for Reproductive Medicine distributed the following definition to legislative sponsors of anti-cloning laws: Human cloning means the duplication of an existing human being by transferring the nucleus of a differentiated, somatic cell into an oocyte in which the nucleus has been removed, and implanting the resulting product for gestation and subsequent birth. Office of Government and Media Relations, supra note 37.

See Rubenstein , supra note 24.

See Hearings, supra note 29, at 4 (testimony of Robertson J.A. ).

See National Bioethics Advisory Commission, supra note 3, at 90–94; and Andrews , supra note 59, at 50–53.

See, for example, Quill T.E. Cassel C.K. Meier D.E. , “Proposed Clinical Criteria for Physician-Assisted Suicide,” N. Engl. J. Med., 327 (1992): 1380–84.

117 Cong. Rec. 12751 (daily ed. Apr. 29, 1971) (testimony of Watson J.D. , “Moving Toward the Clonal Man: Is This What We Want?”).