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1 STEM CELLS New Frontiers in Science & Ethics

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3 STEM CELLS New Frontiers in Science & Ethics editors Muireann Quigley Sarah Chan John Harris University of Manchester, UK World Scientific NEW JERSEY LONDON SINGAPORE BEIJING SHANGHAI HONG KONG TAIPEI CHENNAI

4 Published by World Scientific Publishing Co. Pte. Ltd. 5 Toh Tuck Link, Singapore USA office: 27 Warren Street, Suite , Hackensack, NJ UK office: 57 Shelton Street, Covent Garden, London WC2H 9HE British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library. STEM CELLS New Frontiers in Science & Ethics Copyright 2012 by World Scientific Publishing Co. Pte. Ltd. All rights reserved. This book, or parts thereof, may not be reproduced in any form or by any means, electronic or mechanical, including photocopying, recording or any information storage and retrieval system now known or to be invented, without written permission from the Publisher. For photocopying of material in this volume, please pay a copying fee through the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, USA. In this case permission to photocopy is not required from the publisher. ISBN ISBN Typeset by Stallion Press enquiries@stallionpress.com Printed in Singapore.

5 Contents Abbreviations Acknowledgements List of Contributors 1 New Frontiers in Stem Cell Science & Ethics: Current Technology & Future Challenges 1 Muireann Quigley, Sarah Chan, and John Harris 2 The Monopoly of Moral Status in Debates on Embryonic Stem Cell Research 19 Sorcha Uí Chonnachtaigh 3 The Construction of the Embryo and Implications for Law 51 Sheelagh McGuinness vii ix xi 4 Legal Regulation of Human Stem Cell Technology 85 Loane Skene 5 Human Embryos in Stem Cell Research: Property and Recompense 107 Sarah Devaney 6 Against the Discarded Created Distinction in Embryonic Stem Cell Research 137 Katrien Devolder v

6 vi Contents 7 Stem Cell Therapies & Benefiting from the Fruits of Banned Research 163 Muireann Quigley 8 Who Do You Call a Hypocrite? Stem Cells and Comparative Hypocritology 187 Søren Holm 9 Stem Cell Research and Same-Sex Reproduction 207 Thomas Douglas, Catherine Harding, Hannah Bourne, and Julian Savulescu 10 The Permissibility of Recruiting Patients With Spinal Cord Injury for Clinical Stem Cell Trials 229 Anna Pacholczyk and John Harris Bibliography 249 Index 273

7 Abbreviations AD AG DNA EU FDA (h)esc(s) HFEA ICSI ipsc(s) IVF IVG MP(s) NBAC PGD (i)scnt SC SCI UK US Advanced Directive Advocate General Deoxyribonucleic Acid European Union Food and Drug Administration (Human) Embryonic Stem Cell(s) Human Fertilisation and Embryology Authority Intra-cytoplasmic Sperm Injection Induced Pluripotent Stem Cell(s) In Vitro Fertilisation In Vitro Gametogenesis Member(s) of Parliament National Bioethics Advisory Commission Pre-implantation Genetic Diagnosis (Interspecies) Somatic Cell Nuclear Transfer Stem Cell Spinal Cord Injury United States vii

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9 Acknowledgements This edited collection owes much to the Wellcome Trust Strategic Programme Award which is held jointly by the Centre for Social Ethics and Policy and the Institute for Science, Ethics, and Innovation at the University of Manchester and the Centre for Research on Families and Relationships at the University of Edinburgh. The strategic award, The Human Body: Its Scope, Limits and Future, has supported the work of the editors of this collection and enabled them to carry out research on the ethics of stem cell science and other related areas. We would like to thank all of our contributors, without whom we would not have such a great collection. In addition, we extend our thanks to our colleagues for their continued intellectual stimulation and to our families for their continued encouragement. We would like to offer our special thanks to one of our graduate research assistants, Nishat Hyder, whose help with formatting and the bibliography made our job much easier. We would also like to acknowledge the assistance we have received from World Scientific Publishing in the preparation and completion of this edited collection, in particular Ms Sook Cheng Lim, whose patience and guidance has been much appreciated. ix

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11 List of Contributors Hannah Bourne Oxford Uehiro Centre for Practical Ethics University of Oxford Suite 8, Littlegate House St Ebbes Street Oxford OX1 1PT Sarah Chan Centre for Social Ethics & Policy Institute for Science, Ethics, & Innovation School of Law University of Manchester Oxford Rd., Manchester, M13 9PL Sorcha Uí Chonnachtaigh Centre for Professional Ethics at Keele (PEAK) School of Law Keele University Staffordshire, ST5 5BG xi

12 xii List of Contributors Sarah Devaney Centre for Social Ethics & Policy School of Law University of Manchester Oxford Rd., Manchester, M13 9PL Katrien Devolder Department of Philosophy and Moral Sciences Bioethics Institute Ghent University Blandijnberg 2, B-9000 Ghent Belgium Thomas Douglas Oxford Uehiro Centre for Practical Ethics University of Oxford Suite 8, Littlegate House St Ebbes Street Oxford OX1 1PT Catherine Harding Oxford Uehiro Centre for Practical Ethics University of Oxford Suite 8, Littlegate House St Ebbes Street Oxford OX1 1PT

13 List of Contributors xiii John Harris Centre for Social Ethics & Policy Institute for Science, Ethics, & Innovation School of Law University of Manchester Oxford Rd., Manchester, M13 9PL Søren Holm Centre for Social Ethics and Policy Institute of Science, Ethics and Innovation School of Law University of Manchester Oxford Rd., Manchester, M13 9PL Sheelagh McGuinness Birmingham Law School University of Birmingham Edgbaston Birmingham B15 2TT Anna Pacholczyk Institute for Science, Ethics, & Innovation School of Law University of Manchester Oxford Rd., Manchester, M13 9PL

14 xiv List of Contributors Muireann Quigley Centre for Social Ethics & Policy Institute for Science, Ethics, & Innovation School of Law University of Manchester Oxford Rd., Manchester, M13 9PL Julian Savulescu Oxford Uehiro Centre for Practical Ethics University of Oxford Suite 8, Littlegate House St Ebbes Street Oxford OX1 1PT Loane Skene Melbourne Law School University of Melbourne Victoria 3010 Australia