Assisted Human Reproduction: Facts and Ethical Issues
(Originally Published in 2000, by Veritas Publications, Dublin, for the Bishops’ Committee for
Bioethics)
(Text revised by the Bishops' Committee for Bioethics, April 3rd. 2003)
Table of Contents
Chapter 1
Assisted Human Reproduction: Establishing Principles
Scientific Research Involving Human Embryos
The Nature and Scope of This Document
The Right to Life and Bodily Integrity
The Right to an Identity of Origin
The Essential Meaning of Human Sexuality
Conscience
Chapter 2
Assisted Human Reproduction: Current Practice
A.
Investigation for and Diagnosis of Infertility
B.
Treatment of Infertility
C.
Curative Therapy
1. NaProTechnology
2. Surgery
3. Drug Treatment
D.
Circumventive Therapy
1 InVitro Fertilisation
2. Intra Cytoplasmic Sperm Injection (I.C.S.I.)
3. Embryo Donation
4. Gamete IntraFallopian Tube Transfer (G.I.F.T.)
5. Egg Donation
6. Surrogacy
7. Assisted Insemination by Husband (A.I.H.) and
Intrauterine Insemination (I.U.I.)
8. Artificial Insemination by Donor (A.I.D.)
9. Testicular Biopsy
Chapter 3
Assisted Human Reproduction:
Ethical Evaluation of Current Practice
A.
Curative Therapy
1. NaProTechnology
2. Surgery
3. Drug Treatment
B.
Circumventive Therapy
1. InVitro Fertilisation and Embryo Transfer
2. Intra Cytoplasmic Sperm Injection (I.C.S.I.)
3. Embryo Donation
4. Gamete IntraFallopian Tube Transfer (G.I.F.T.)
5. Assisted Insemination by Husband (A.I.H.) and
Intrauterine Insemination (I.U.I.)
6. Artificial Insemination by Donor (A.I.D.)
7. Ovum Donation
8. Surrogacy
9. Assisted Reproductive Therapy and Marriage
Chapter 4
Healthcare Policy and Assisted Human Reproduction
1. Legislating for AHR
2. Funding
3. The Priority of Prevention and Cure
Chapter 1
Assisted Human Reproduction Establishing Principles
Scientific Research Involving Human Embryos
Research into human embryos began in Britain in the 1950’s. It was hoped that the
research would help doctors
*
to understand and prevent genetic disorders, such as Spina Bifida and Downs
Syndrome, and
*
to develop ways of helping infertile couples to have a child.
It was 1978 before the first child was born by the process of In Vitro Fertilisation.
In the twenty years since then, the research has continued, and assisted human
reproduction services, offering I.V.F. and other procedures, have been set up all over
the world.
Like many other branches of modern medicine, assisted human reproduction depends
on the close collaboration of scientists and healthcare professionals. While these share
a common goal, they approach this goal from different directions. The primary
concern of the healthcare professional must always be the wellbeing of the patient as
a person. By contrast, scientific research is primarily concerned with gaining
information and delivering results. The scientist wants to know what is possible, and
how it can be achieved. What is possible may also be morally good, but not always.
As in other areas of research, so in the case of biomedical research, scientific
developments have enormous implications for people, and for society. Often it is only
when research is well under way, or even completed, and we have discovered what is
possible, that we begin to ask ourselves whether this is good or appropriate, and how
its use should be regulated. If the wellbeing and dignity of the patient as a person is
to remain central, it is essential that questions about the meaning, or the human
implications of certain research or treatment should not be put to one side, while all
the focus is on the asking scientific questions. In the case of assisted human
reproduction, as well as the couple being treated, every embryo must be regarded as a
new human life, and respected as such.
The Nature and Scope of this Document
No reasonable person would question the very natural desire of a couple to have a
child who flows, as it were, from their own love. One can only imagine the
disappointment, and even perhaps the sense of failure, which many couples
experience, when it is not possible for them to have a child. Against that background,
assisted human reproduction therapy, in its various forms, must seem like a godsend.
This document, without wishing to minimise the importance of the many complex
emotions involved, sets out to propose some fundamental principles which must be
taken into account, by all those concerned, when making decisions about the
treatment of infertility.
The Catholic Church has a particular vision of human sexuality, which is rooted in the
understanding of the human person found in the Scriptures, as well as in the natural
law. This document is addressed primarily to those who consider themselves members
of the Catholic Church. We are confident that it will also be welcomed by many
others who share our faith in the God of Creation. Similarly, there will be many who,
although they may not be religious, will share the belief (which traces its roots to the
philosophy of ancient Greece), that our human reason enables us to discern a law
written in nature itself, which leads us to recognise what is good.
Assisted human reproduction gives rise to a number of issues which have to do with
fundamental human rights, issues such as respect for human life, and respect for the
family. In exploring questions such as these, the bishops intend to engage in dialogue,
not just with members of the Catholic Church, but with Irish society as a whole.
The Right to Life and Bodily Integrity
One of the fundamental rights promulgated in the Universal Declaration of Human
Rights i[1] is the right of every human being to life and bodily integrity. Although the
right to life finds a particularly strong foundation in Christian faith, it is a right which
is acknowledged by people of all faiths and none. In the final analysis, respect for the
right to life is reciprocal in nature. My requirement that my right to life should be
respected by others, logically implies that I should afford a similar respect to their
right to life.
At what point should this respect begin? Biologically speaking, life is a continuum.
Genetically speaking, however, and in terms of philosophy, each human life has a
beginning, a point at which this distinct individual comes into being. Genetic science
has contributed to our awareness that each human being has a unique identity, related
to but distinct from either of his / her parents. The obligation to respect life begins at
the point when individual human life begins, or even when there is a reasonable
possibility that it may have begun.
Once fertilisation has been completed a new human being exists, and this brings with
it an obligation of respect. It is clearly in the interests of justice and the common good
that this obligation should be reflected in civil law. Recent embryological studies
indicate that fertilisation is a process rather than an instantaneous event. The
beginning of cell division marks the end of this process. The stage prior to cell
division is described as the pronuclear stage. The question has been raised in recent
discussions as to whether the same respect should be afforded to the human embryo at
the pronuclear stage, as is afforded to the embryo at the two cell stage and later. ii[2]
The process of the fusion of two gametes involves many minute stages. When the
acrosomal filament of the spermatozoon touches the surface of the ovum, and the
protective membranes are penetrated,
the parts of the plasmalemma of the spermatozoon and the egg, outside
the zone of contact, fuse together in a continuous sheet. The
cytoplasmic contents of the two gametes are now in direct continuity.
Although the shape of the spermatozoon may yet be distinguishable,
the two gametes have at this stage become one single cell. iii[3]
The pronuclear embryo is clearly far more than a sperm cell and an ovum. It has an
organic unity and is, as one unit, oriented towards ongoing development. It is also, of
course, biologically human. It has been possible for some years to successfully freeze
the human embryo at the pronuclear stage. It is worth noting, however, that it has
proved significantly more difficult to freeze the ovum without destroying it. iv[4] This
simple fact also serves to demonstrate that, by the pronuclear stage, very significant
development has already taken place, as a result of the fusion of the sperm and the
ovum. It has become a single organism, and has already begun to develop.
Once fertilisation is complete, the organism has become a human being. There is
nothing else it can be. It continues to develop and grow, of course. But all
development or change necessarily involves some continuity; something in which the
change takes place. This “something” is the human individual. It has its own
genetically unique body. It has its own substantial form, the human soul, which is its
first principle of life. It is this principle of life which facilitates and directs the
development of the person throughout the lifetime of the organism. v[5]
In the final analysis, where doubt exists on the level of fact, the integrity of
conscience requires that the presumption be in favour of the life. The classical
example often cited is as follows: if a hunter hears a rustling noise in the bushes, and
is unsure whether it is a deer or another human being, he must assume it is a human
being, until such time as he can establish that it is not. Similarly, we may accept the
argument that there is scientific uncertainty as to the precise moment when an
individual human life begins. That uncertainty, however, does not remove the
obligation of care and respect for what certainly has the potential to become, and may
already be, a distinct human individual.
The Right to an Identity of Origin
The Universal Declaration of Human Rights acknowledges the right of men and
women “to marry and to found a family.” vi[6] This is best understood as a right not to
be prevented from founding a family. It is not an absolute right to have children. As is
clear from the same article of the Declaration, the family as “the fundamental group
unit of society” is entitled to protection. This would include protection from any form
of reproductive therapy which, however wellintentioned, would have the effect of
weakening the bonds of family.
Parenthood is not simply a matter of lifegiving. There is an essential natural link
between the lifegiving role of parents, and their responsibility to care for and educate
their young. This ongoing responsibility of parents is not exclusive to the human
species, but is found to a greater or lesser degree in very many species of birds and
animals. In human nature, however, the period of time between birth and maturity is
relatively longer than in any other species. The process of growth to maturity involves
far more than mere survival. The human child is dependent on his / her parents for
emotional, spiritual, social, and moral formation. Inevitably some elements of the
parental role will be delegated to others (e.g., teachers), but the primary responsibility
rests with the parents. The only justification for permanently handing this
responsibility over to others would be the incapacity of a parent to respond adequately
to the needs of the child.
In recent years we have witnessed the phenomenon of a great many adopted people
who have wanted to discover who their genetic parents are, and even to establish a
relationship of some kind with these parents. This phenomenon should not be seen in
any sense as a denial of the goodness and generosity of adoptive parents. It is simply
an affirmation of the fact that, as autonomous human individuals, our identity and our
selfunderstanding is, to a significant extent, dependent on our genetic origins.
Why should we assume that this desire to know who one’s natural parents is any less
likely to surface in people who are born following the donation of sperm, or ovum, or
both. The right to this information, later in life, might well be found to conflict with
the practice of guaranteeing anonymity to donors.
Like all fundamental human needs, the need for ongoing parenting, and for a
recognisable identity of origin, gives rise to a corresponding right. This right has
always been acknowledged by the Church, and is expressed in the document Donum
Vitae.
The child has the right to be conceived, carried in the womb, brought
into the world and brought up within marriage: it is through the secure
and recognised relationship to his own parents that the child can
discover his own identity and achieve his own proper human
development. vii[7]
While the primary consideration must be the good of the individual child, the close
connection between genetic parenthood and the responsibility of care is also in the
interests of society, and this has long been recognised in our social legislation. A
stable family unit, founded on a commited relationship, plays a role of fundamental
importance to society. It is in the family first and foremost that children discover their
identity and their individuality, that they learn respect for themselves and for others. It
is in the family that cultural and moral values are learnt. Any procedure which
undermines the unity and integrity of the family also damages the fabric of society,
because the institution of the family is the foundation on which society is built.
The Essential Meaning of Human Sexuality
Human sexuality is designed in such a way that the coming together of man and
woman as one flesh is both an expression of intimacy and selfgiving and the
privileged context in which new life begins. This is not simply a statement of religious
belief. It is evident from any realistic reflection on the facts of biology, physiology,
and human psychology.
It is arguable that the term reproduction is not the most appropriate term to describe
what happens when a new human being comes into existence. The concept of
reproduction captures well enough the biological dimension of human generation, but
it is not really capable of expressing the mystery of how man and woman, through
their own human loving, cooperate with the creative action of God. An alternative
term, which may better express this personalistic dimension of human lifegiving is
procreation.
Technology has an important contribution to make to almost every area of modern
medicine, including the treatment of infertility. There is a valid distinction to be made,
however, between situations in which technology plays a supporting role, and
situations in which technology becomes dominant. In every area of healthcare,
people express their frustration and discomfort when they experience the intrusiveness
of technology.
This is no less the case where the treatment of infertility is concerned. The more
dominant technology becomes, the more the personalistic dimension of human
sexuality tends to be separated from the act of lifegiving, and the more easily the
creative act of God is obscured. We have to ask ourselves whether a procedure which
is completely controlled, which tends towards predictability, and which may also be
highly selective, is a true expression of what human lifegiving is about. Is the
intrusiveness of technology too high a price to pay?
Parents are naturally proud of their children; anxious about their children, and
sometimes disappointed in their children. In the final analysis, however, children are
not for their parents. Their value is in themselves, and in their vocation as the sons
and daughters of God who created them. There is a risk, in all our relationships, that
we seek to possess the one we love. It is arguable that this risk is increased when
technology becomes dominant, because the child who is born has been carefully
planned, with the outlay of considerable emotional energy and economic resources.
What if the end result doesn’t measure up to our hopes and expectations?
The desire for success, both professionally and on a human level, means that doctors
and scientists are also liable to disappointment, although in a different way. Once they
have the possibility and the opportunity to intervene in human reproduction, there
follows a natural desire to improve things. In all of this, the child who is born as a
result of technological intervention is no less worthy of love or respect than any other
child. Nonetheless, technology, often unawares, introduces into the act of lifegiving
elements which do not sit well with the dignity of the human person.
Conscience
In the matter of assisted human reproduction, as in all other matters, each individual
must make and be guided by a judgement of conscience. Conscience is sometimes
taken to mean personal opinion, as opposed to an official institutional position.
Properly understood, however, conscience is a judgement:
made about a particular situation,
against the background of one’s own value system or vision of life,
based on the best available knowledge of the facts.
The capacity to know good from evil (or right from wrong) is a natural quality with
which all normally developed human beings are endowed. It does not depend
specifically on religious belief. The making of a judgement of conscience does,
however, presuppose some coherent set of values, or vision of life. In the case of a
believer, religious faith will be an important element in that vision of life.
In so far as the quality of a judgement of conscience depends on the level of
information available, healthcare professionals have an obligation, as part of their
professional responsibility, to ensure that patients are fully informed, in terms which
they are capable of understanding. Couples whose infertility is treated by I.V.F. are
primarily concerned with having a child. To that extent at least, it can be said that
their set of values is oriented in favour of life. It is important that couples, who are
candidates for treatment, be fully informed by the providers of the service, as to the
implications and consequences of I.V.F., both for the embryo and for themselves. It is
only in the light of such information that a fully free decision can be made about the
treatment being proposed.
While law is one of the elements which influence the judgement of conscience of
individual members of society, it is not the ultimate determinant of conscience. It’s
purpose is to ensure that the fundamental rights of some are not infringed upon by the
decisions of others. The right to freedom of conscience is a fundamental human right,
and is not restricted to private individuals. Healthcare professionals, legislators, and
others who serve the public, have both a right and a duty to act in accordance with the
judgement of conscience. This judgement is rooted in truth, not in expediency, or in
the dynamic of supply and demand.
Chapter 2
Assisted Human Reproduction Current Practice
A.
Investigation for and Diagnosis of Infertility
Infertility affects as many as one couple in six. viii[8] The diagnosis of infertility involves
the investigation of both partners.
Possible causes of infertility include:
§ Nonovulation and ovulatory disfunction
§ Inadequacy of sperm (low spermcount, infection etc.)
§ Tubal malfunction (due to previous inflammation, endometriosis, surgery etc.)
§ Cervical hostility; antisperm antibodies etc.
§ Psychosexual factors
§ Unexplained (approx. 20%)
In modern healthcare, significant emphasis is placed on prevention. Ongoing
research, aimed at understanding and classifying the causes of infertility, is an
essential element in the overall response to infertility. Such research makes it possible
to identification strategies, or lifestyle changes, which may reduce infertility levels,
and eventually even eliminate certain types of infertility.
B.
Responding to Infertility
Couples who are diagnosed as infertile may be offered help under one of two broad
headings, namely curative therapy, and circumventive therapy. Curative therapy seeks
to identify and treat the root cause of the infertility, thereby making the couple once
more fertile, and enabling them to conceive, without further intervention.
Circumventive therapy assumes that it will not be possible to restore the couple’s
fertility. Instead, the particular cause, which has been identified, is circumvented. The
couple are enabled to have a child but, from a medical point of view, they remain an
infertile couple.
C.
Curative Therapy
1.
NaProTechnology
NaProTechnology is not so much a particular treatment, as an approach to treatment,
which incorporates elements of fertility awareness, surgery, and drug therapy. The
term NaProTechnology refers to the use of Natural Procreative Technologies. To
quote one of the leading proponents of the approach:
It (NaProTechnology) can be defined as a science which devotes its
medical, surgical and allied health energies and attention to
cooperating with the natural procreative methods and functions. When
these mechanisms are working properly, NaProTechnology works co
operatively with them. When these mechanisms are functioning
abnormally, NaProTechnology cooperates with the procreative
mechanisms in producing a form of treatment which corrects the
condition, maintains the human ecology and sustains the procreative
potential. ix[9]
An essential element of NaProTechnology is to identify the time of fertility, using a
variation of the ovulation method, CrM NFP, x[10] so that couples whose fertility is low
have the optimum chance of achieving a pregnancy. This is effective in treating both
male and female infertility. Where particular defects are identified, which can be
treated by surgery or drug therapy, the aim of NaPro is to do this without suppressing
or destroying the procreative system or dynamic.
2.
Surgery
Laser laparoscope, open laser surgery, and microsurgery, offer significant
possibilities in the treatment of endemetriosis and associated pelvic adhesions.
Proximal tubal occlusion is treatable by means of microsurgery. An alternative is the
recently developed technique known as transcervical balloon tuboplasty, which has
proved very promising, offering a success rate of 30% or more.
3.
Drug Therapy
A common cause of infertility in women is a disorder of ovulation. Where non
ovulation is at the root of infertility, drug therapy is provided, using clomiphene
citrate, or preparations of gonadotrophin, which stimulates the ovaries, and the
woman may achieve pregnancy without any further medical intervention. Hilgers
comments that most of the drugs currently available have limitations as well as
advantages. xi[11] Clomiphene citrate, for example, although it induces ovulation, tends
to inhibit cervical mucus. Medications such as Pergonal and Metrodin, which are used
to stimulate ovulation, are associated with high multiple births. Where ovulation
stimulation is being used, it is recommended that monitoring be carried out, to prevent
hyperstimulation of the ovaries, which may lead to serious complications. Other
ovulationrelated conditions, which are treatable by means of drug therapy include
suboptimal luteal function, androgen excess, and hyperprolactanemia.
Drug therapy is also used very successfully to treat mucus abnormalities. The
standard medication used is an oral estrogen, which must be administered with
Clomiphene Citrate, to ensure that ovulation is not inhibited. Effective alternatives to
this standard treatment include Vitamin B , Guaiafenesin (which is an expectorant),
6
and ampicillin. xii[12]
D.
Circumventive Therapy
Where infertility results from causes other than tubal malfunction, disorder of
ovulation, or low sperm count, it is common to suggest assisted reproduction therapy
(ART). The methods currently in use include I.V.F. xiii[13] , I.C.S.I. xiv[14] and I.U.I. xv[15] Some
centres also use G.I.F.T, or ZIFT, xvi[16] but these are less common.
1.
InVitro Fertilisation (IVF)
InVitro Fertilisation and tubal surgery have approximately the same success rate
(25%), but couples to whom IVF is suited will be those for whom tubal surgery is
likely to be less successful. Drugs are used to suppress natural ovarian function, and
then the ovary is stimulated by injections of gonadotrophin.
The ova are collected, vaginally, by means of an ultrasounddirected probe, and
fertilised in the laboratory. Three embryos are placed in the uterine cavity. This is the
optimum number, providing the best chance of pregnancy, while avoiding the
complications which might arise if larger numbers were used. In the UK the law limits
to three the number of embryos which may be placed in the uterine cavity in any one
cycle. Some units now prefer to use two, and achieve the same success rates as were
gained previously using three. It is reported that, following successful implantation,
the spontaneous abortion rate is not increased. In approximately 75% of cases,
however, successful implantation will not occur.
The practice of using more than one embryo in each IVF cycle is generally accepted,
three being the number normally considered to be safe and effective. Where three
embryos are used, the success rate in terms of pregnancies achieved may be up to
30%. A significant proportion of these are twin pregnancies. In terms of live births,
the success rate is of the order of 15% 20%. Some sources report that the success
rate is not significantly less when frozen embryos are used. This obviously depends to
some extent on the technology used. This is constantly being developed.
The above figures, of course, refer to the success rate of the procedure. The embryo
survival rate is significantly lower. Let us assume that three embryos are used, in each
of one hundred IVF cycles, and that thirty pregnancies occur, of which one third are
twin pregnancies. This means that, of the three hundred embryos placed in the uterine
cavity, only forty (or 13%) actually survive to a stage at which pregnancy can be
confirmed. xvii[17]
An alternative to the above procedure is what is known as naturalcycleI.V.F. As the
name suggests, no drugs are used to stimulate the ovary. Ova are harvested at the time
of ovulation, fertilised in vitro using the husband’s sperm, and then placed in the
uterine cavity. The success rate, using this method is significantly lower (at about
10%), but this reflects a significantly higher rate of survival of the individual embryo.
There is no question of surplus embryos being generated. Natural cycle IVF can be
very tedious and unpredictable. There are, however, some signs that it may be
possible in the future to mature ova in vitro, thus making the process less time
sensitive.
In Northern Ireland, as in Britain and other jurisdictions, surplus fertilised ova are
frozen xviii[18] , and may be used in subsequent cycles. With the consent of the biological
parents, the law allows for these embryos to be placed in the womb of another
woman, or to be used for research purposes. UK law provides for the disposal of
unused embryos after a period of five years in storage.
In some IVF units, it appears that the practice has developed of transferring as many
as five embryos to the uterus, and performing embryo reduction at a later stage. This
process of “unnatural selection” obviously has serious ethical implications.
In the Republic of Ireland, there is no law specifically governing I.V.F., but the Guide
to Ethical Conduct and Behaviour, includes a requirement that “any fertilised ovum
must be used for normal implantation and must not be deliberately destroyed.” xix[19] It
had been publicly alleged, and never denied, prior to the promulgation of the current
Guide that, in Ireland, surplus embryos , while not being destroyed, were frequently
placed in the cervix rather than in the uterine cavity.
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