Human embryonic stem cell research: ethical and legal issues

The use of human embryonic stem cells to replace damaged cells and tissues promises future hope for the treatment of many diseases. However, many countries now face complex ethical and legal questions as a result of the research needed to develop these cell-replacement therapies. The challenge that must be met is how to permit research on human embryonic tissue to occur while maintaining respect for human life generally.     

European stem cell research in legal shackles

Advances in stem cell biology have raised legal challenges to the patentability of stem cells and any derived technologies and processes. In 1999, Oliver Brüstle was granted a patent for the generation and therapeutic use of neural cells derived from human embryonic stem cells (hESCs). The patent was challenged and put before the European Court of Justice, which ruled that inventions involving the prior destruction of human embryos cannot be patented. The legal maneuvering around this case demonstrates that the future of stem cell‐based patents in Europe remains unsettled. Furthermore, owing to the European Court's broad definition of hESC as ‘any cell that is capable of commencing development into a human being,’ novel technologies that could eliminate the need for hESCs, such as induced pluripotent stem cells (iPSCs), are at risk of being included under the same ruling. Advances in the in vitro development of germ cells from pluripotent stem cells may one day provide a direct developmental path from iPSC to oocyte and sperm, and, according to the European Court's reasoning, legally equate iPSCs with human embryos. In this review, we will briefly discuss the Brüstle v Greenpeace case and the implications of the European Court of Justice's ruling. We will identify potential risks for stem cell research and future therapeutics resulting from the broad legal definition of the human embryo. Finally, we will broach the current legal landscape, as this broad definition has also created great uncertainty about the status of human iPSCs.     

A scientist's view of the ethics of human embryonic stem cell research

Scientists are rarely immoral and seldom even amoral. The ethical principles that underlie much of their own work are shared with scientists in other countries to a much greater degree than the cultural and religious differences among those countries would lead one to expect. Like me, few will have had any formal training in bioethics; so how might life scientists approach the varied ethical issues that arise in human embryo and stem cell research?     

Evolutionary ethics,Darwinian ethics and ethical naturalism

The relevance of evolutionary theory to ethics goes back to Darwin but until recently discussion employed evolutionary theory to justify ethical, social and political positions. Recently, evolutionary theory has been used to explain the existence of moral systems and moral propensities and, thereby, to provide a naturalistic basis for ethics. I argue that this approach has advanced our understanding of the basis of moral systems and moral propensities but does not as yet adequately incorporate the role of cognition in its account. Cognition has the effect of decoupling to some extent — though, of course, far from fully — human moral systems from their evolutionary origins. In an adequate account, evolutionary theory will play a crucial role but so also will our evolved cognitive abilities.     

Principles of ethical decision making regarding embryonic stem cell research in Germany

The availability of embryonic stem (ES) cells isolated from human blastocysts may open novel avenues for medical treatment of otherwise incurable diseases. Yet the generation of human ES cells requires the destruction of early human embryos. This confronts us with the moral problem of whether it is justifiable to sacrifice human life in order to treat other human life. This article outlines the development of the German debate about research with ES cells and explicates the arguments that are central to that debate with respect to the aims and means of research with ES cells. With regard to the means, the isolation of ES cells from human embryos raises the question of the moral status of the human embryo. A restrictive position acknowledges the human dignity of the embryo in its very early stage of development and claims that the embryo's life must be protected accordingly. In contrast, a gradualist position acknowledges human dignity, and therefore the full level of protection, only when the embryo has reached a certain stage of development. In addition, the intentions behind the generation of human embryos, i.e. exclusively for research purposes, and the mode of generating them, i.e. by nuclear transfer technology, have strong ethical relevance in the German debate. Based on these results, the ethical reasoning underlying the draft of a Stem Cell Act recently passed by the German Parliament is outlined.     

The use of fresh embryos in stem cell research: ethical and policy issues

Fresh embryos resulting from in vitro fertilization, including many of poor quality, can provide sources of human embryonic stem cell lines. We consider why some donate such embryos for this research, address relevant ethical and policy issues, and present core guidelines for fresh embryo donation based on those of Canada.     

Embryonic stem cell research and therapy: the need for a common European legal framework

The possibility of obtaining stem cells from human embryos has given rise to an intensive legal and ethical debate. In this paper, attention is paid to the normative disparity and ambiguity in Europe. An argument for the need for a minimal legal harmonization is made; and a prudent and flexible way to reach this successfully is suggested. Establishing a common legal framework seems to be the only way to guarantee true competitiveness for the European scientific community.     

Molecular imaging and stem cell research

During the last decade, there has been enormous progress in understanding both multipotent stem cells such as hematopoietic stem cells and pluripotent stem cells such as embryonic stem cells and induced pluripotent stem cells. However, it has been challenging to study developmental potentials of these stem cells because they reside in complex cellular environments and aspects of their distribution, migration, engraftment, survival, proliferation, and differentiation often could not be sufficiently elucidated based on limited snapshot images of location or environment or molecular markers. Therefore, reliable imaging methods to monitor or track the fate of the stem cells are highly desirable. Both short-term and more permanent monitoring of stem cells in cultures and in live organisms have benefited from recently developed imaging approaches that are designed to investigate cell behavior and function. Confocal and multiphoton microscopy, time-lapse imaging technology, and series of noninvasive imaging technologies enable us to investigate cell behavior in the context of a live organism. In turn, the knowledge gained has brought our understanding of stem cell biology to a new level. In this review, we discuss the application of current imaging modalities for research of hematopoietic stem cells and pluripotent stem cells and the challenges ahead.     

Monetary payments for the procurement of oocytes for stem cell research: In search of ethical and political consistency

The debate on both the appropriateness of allowing healthy women to provide oocytes for research use and the use of financial incentives is increasingly reduced to a confrontation between ethics, science, and the welfare of women. It is plausible that the expansion of national and international research efforts, paired with the growing trend toward liberalizing stem cell research policies, will inevitably result in increased demand for the materials needed to conduct such research. The scarcity of human reproductive materials that are available for research generates concerns over, the emergence of a “black market”, an increase in financial incentives for donors, and the appropriateness of current regulatory frameworks that aim to safeguard donors. In this article we explore the conceptual models for categorizing oocyte donors and analyze the use of financial incentives as well as the compensation models proposed and implemented in various jurisdictions. Finally, we propose the adoption of a mixed model that both respects altruism and provides a feasible solution to an issue that could be situated only in the context of the overall acceptability of providing financial rewards to donors of human reproductive materials for assisted reproductive technologies.     

A critical time for stem cell research in Australia

Australia's strong historical foundation in stem cell science was boosted in 2002 by the formation of a virtual government-supported institute now called the Australian Stem Cell Centre. However, the inevitable "brain drain" and government and community expectations of quick commercial gains and rapid cures necessitate careful reconsideration of the identity and future of stem cell science in Australia.