Law and Ethics of A.I.D. and Embryo Transfer

Ciba Foundation Symposium 17 (new series)

1973

Elsevier - Excerpta Medica - North-Holland Associated Scientific Publishers. Amsterdam - London New York

Law and Ethics of A.I.D. and Embryo Transfer

The Ciba Foundation for the promotion of internationul cooperation in medical and chemical research is a scientific and ediicational charity established by CIBA Limited - now CIBA-CEIC Y Limited - of Basle. The Foundation operates independently in London under English trirst law.

Ciba Foundation Symposia are published in collaboration with Associated Scientific Publishers (Elsevier Scientific Publishing Company, Excerpta Medica, North-Hollrmd Publishing Company) in Amsterdam.

Associated Scientific Publishers, P.O. Box 21 1 , Amsterdam

Law and Ethics of A.I.D. and Embryo Transfer

Ciba Foundation Symposium 17 (new series)

1973

Elsevier - Excerpta Medica - North-Holland Associated Scientific Publishers. Amsterdam - London New York

0 Copyright 1973 Ciba Foundatiori

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without permission in writing from the publishers.

ISBN Excerpta Medica 90 219 4018 3 ISBN American Elsevier 0-444-15014-5

Library of Congress Catalog Card Number 73-80904

Published in 1973 by Associated Scientific Publishers, P.O. Box 21 I , Amsterdam, and 52 Vanderbilt Avenue, New York, N.Y. 10017. Suggested series entry for library catalogues: Ciba Foundation Symposia.

Ciba Foundation Symposium 17 (new series)

Printed in The Netherlands by Mouton & Co., The Hague

Contents

LORD KILBRANDON Chairman’s introduction 1

ANNE MCLAREN Biological aspects of A.I.D. 3

R. G. EDWARDS and P. c. STEPTOE Biological aspects of embryo transfer 11

M. PIATTELLI-PALMARINI Biological roots of the human individual 19

Discussion: Biological aspects 27

c. FRIED Ethical issues in existing and emerging techniques for improving human fertility 41

G. R. DUNSTAN Moral and social issues arising from A.I.D. 47

Discussion: Moral, social and ethical issues 57

OLIVE M. STONE English law in relation to A.I.D. and embryo transfer 69

MARIEL REVILLARD Legal aspects of artificia1 insemination and embryo transfer in French domestic law and private international law 77

Discussion: Legal aspects 91

Index of contributors 105

Subject index 107

Participants

Symposium on Legal and Other Aspects of Artijicial Insemination by Donor (A.I.D.) and Embryo Transfer held at the Ciba Foundation, London, 1st December 1972

I . ANDREJEW Professor of Criminal Law, Warsaw University, UI. Sniadeckich 12 m 70, Warsaw 10, Poland

D. C. A. BEVIS Consultant Obstetrician and Gynaecologist, Jessop Hospital for Women, Sheffield S3 7RE

G . R. DUNSTAN Professor of Moral and Social Theology, King’s College, The Strand, London WC2R 2LS

J. H. EDWARDS Professor of Human Genetics, Infant Development Unit, Birmingham Maternity Hospital, Birmingham B15 2TG

R. G. EDWARDS Lecturer, Physiological Laboratory, Cambridge CB2 3EG

c. FEILDING Emeritus Professor of Moral Theology, Trinity College, Hoskin Avenue, Toronto 18 1, Ontario, Canada

c. FRIED Professor of Law, Harvard University, Cam bridge, Massachussetts 02138 USA

P. J. GRAHAM Consultant in Psychological Medicine, The Hospital for Sick Children, Great Ormond Street, London WClN 3JH

HILDE T. HIMMELWEIT Professor of Psychology, The London School of Economics and Political Science, Houghton Street, London WCZA 2AE

SUSANNA ISAACS Physician in charge, Department of Child Psychiatry, St Mary’s Hospital, Praed Street, Paddington, London W2 1NY

LORD KILBRANDON Lord of Appeal in Ordinary, 2 Raymond Buildings, Gray’s Inn, London WCl

VIII PARTICIPANTS

ANNE MCLAREN Hon. Lecturer, Department of Genetics, Institute of Animal Genetics, University of Edinburgh, West Mains Road, Edinburgh EH9 3JN

BRIDGETT A. MASON Clinical Assistant, Infertility Unit, Royal Free Hospital, Gray’s Inn Road, London WClX 8LF

SIR ALAN PARKES Professor emeritus of Reproductive Physiology, Cambridge

M. F. PERUTZ Chairman, MRC Laboratory of Molecular Biology, University Postgraduate Medical School, Hills Road, Cambridge CB2 2QH

E. E. PHILIPP Consultant Obstetrician and Gynaecologist, Royal Northern Hospital, Holloway Road, London N7

M. PIATTELLI-PALMARINI Assistant Director, Centre International d’Etudes Bioanthropologiques et d’Anthropologie Fondamentale, Fondation Royaumont, 23bis, rue de l’Assomption, Paris 16e, France

MARIEL REVILLARD Centre de Recherches, d’Information et de Documentation Notariales, CRIDON, 58 bvd des Belges, F-69 Lyon 6e, France

SIR JOHN STALLWORTHY Nuffield Professor of Obstetrics and Gynaecology, John Radcliffe Hospital, Headington, Oxford OX3 9DU

P. c. STEPTOE Senior Consultant Obstetrician and Gynaecologist, Oldham & District General Hospital, Rochdale Road, Oldham, Lancashire

OLIVEM.STONE Reader in Law, The London School of Economics and Political Science, Houghton Street, London WC2A 2AE

B. A. 0. WILLIAMS Professor of Philosophy, King’s College, Cambridge CB2 1ST

Editors: G. E. w. WOLSTENHOLME and DAVID w. FITZSIMONS

Chairman’s introduction

LORD KILBRANDON

The subject matter of this conference first occurred to me during a conference run by the Institute of Society Ethics and The Life Sciences at the Fogarty International Centre in October 1971. Artificial insemination by donor (A.I.D.) was by no means the main topic of that conference but the legal status of A.I.D. is to some extent obscure and it was thought that it would be useful to clarify the position and to discuss the subject fully, not only in a legal context. Thus at this symposium we have not only lawyers but also scientists and philosophers.

Speaking as a lawyer, I must confess that compared with the medical or ethical sciences, the law is a blunt instrument, and I am not sure how helpful the legal contribution is going to be. Law, in connection with some activity of this kind, is rather inclined to resolve itself into the question ‘is it illegal? rather than ‘is it legal?’. Fundamentally, everything is legal unless it is illegal. To that extent, the lawyer must take a rather detached view of this kind of discussion.

No doubt we shall be discussing two legal aspects, criminal and civil. Should the State prevent certain actions by criminal sanctions? Are certain actions undesirable from the point of view of the personal rights of other citizens, and therefore unlawful? This is the civil aspect. If the legal attitude appears to be generally related to prohibition, I am afraid this is inevitable if the law is to be concerned only with restraining by regulation what would otherwise have been done without reference to the law. I do not want to be discouraging in the least, because I shall be listening very carefully and hopefully. Unfortunately I am, as it were, the potential representative of the prohibitive aspect. But as a legal philosopher my personal attitude is-why not? When talking about the legal aspect of A.I.D., the legal philosopher, as contrasted with the legislator, imme- diately asks what is against it? To that limited extent, perhaps the legal attitude may be said to be helpful. t