Stem cell research has been termed by several health practitioners and scholars as one of the greatest milestones in medical research. Stem cells can be defined as any cells that have the ability to divide and thus can be specialized into any of the different kinds of cells found in the body . Such specialization and growth of cells into any of the functional cells implies that physicians can use the technology to cure many cell-related diseases. For instance, stem cells can be used to replace damaged cells due to cancer. Other diseases may lead to the damaging and degradation of neural cells, stem cells can be used to replace these cells. This flexibility as exhibited by unlimited specialization of cell means that with more research into this field could herald a new kind of treatment for many diseases.
However, the manner in which stem cell research is performed has been quite controversial. Of controversy is the manner in which stem cells to be used in the research are harvested. The most contentious of these methods is harvesting stem cell through embryonic cells. In this kind of harvesting, the ovum is fertilized by sperm to become an embryo but is not allowed to develop. Instead the embryo is kept as a single cell that allows researcher manipulates the cell into any organ as they wish. In general this kind of research leads to the death of the embryo. This method is the leading cause of all controversy in the research. This is due to the fact that several societies and religions argue that life begins at conception and thus killing an embryo is tantamount to murder. This introduces several ethical and moral issues that need to be addressed. However, since the practice is now considered important in medical research, governments have the responsibility of formulating laws and guidelines in assuring ethical and moral standards in stem cell research.
History of Legislation in the United States
The history of medical experimentations using human embryos begins way back in 1973, when the case of Roe v. Wade legalized abortion in the United States . It was about five years later that the first successful artificial fertilization, in a process called in vitro fertilization treatment, that led to the birth of a human being. This introduced the idea of research and human experimentation using embryos. In 1995 the Nation Institute of Health (NIH) introduced the idea of federal funding for such research to the Clinton administration . In the request NIH was seeking to improve research into embryos left over by artificial fertilization and fertilized embryos for research purposes. The panel appointed to review the request refused to grant funding for fertilized embryos for research purposes citing ethical and moral issues. However, the panel recommended funding for research into embryos left over by in vitro fertility treatment .
But even as the president was directed by the panel to review NIH’s request to approve such funding, congress intervened and passed laws that prohibited any federal funding for such research. In the Dickey-Wicker Amendment of 1995 federal funding for embryo research was prohibited without regard to the source of the embryos. All left over embryos from in vitro fertility treatment were not to be used in such research. However, none of the federal laws expressly banned stem cell research. Several private researches continued and made advances in the field. Success in the private sector put pressure on the federal government to reviews its stance on federal funding.
Under the Bush administration, several issues regarding stem cell legislation came to the fold. In 2001, the Bush administration requested NIH to review its guidelines on stem cell research. This research also sought to develop a policy on the permissible number stem cell line and the number that would qualify for federal funding. In this policy, using 78 lines of stem cell research embryos would qualify for federal funding . However, there were more clamors in congress for the federal government to expand federal funding for stem cell research. In the years 2005 and 2006, three bills were passed by both houses of congress to provide federal funding for stem cell research. In the 2005 bills, the House of Representatives voted to have limitation on stem cell research loosened. This proposed that stem cell research that used surplus embryos from in vitro fertilization treatment would be funded by the federal government . Nonetheless, President Bush vetoed these bills. Other bills such as the Stem Cell Research Enhancement Act were vetoed still.
Comparison with Other Nations
Different countries have different laws regarding stem cell research. The European Union for instance is yet to issue guidelines to member states on the issue of stem cell research. At the same time, each member state has its laws regarding the same. Some nations such as Greece, Finland, Portugal, Germany, Netherlands, Italy and Austria, either prohibit or have strict restrictions about stem cell research and the use of human embryos. Other nations such as the United Kingdom and Sweden have guidelines on using embryos in stem cells research. France totally prohibits the creation embryos for the purpose of research however it allows the use of imported frozen embryos remaining from in vitro fertilization treatment .
The British Parliament amended the limitations in the 1990 act that prohibited the use of embryos in any research. The 2001 amendment allows researcher to use excess embryos from in vitro fertilization treatment in research but if and only if such research met some specific requirements. First, such research that utilizes embryos must increase knowledge on the development of embryos. The second requirement is that such research must be able to increase knowledge about a serious disease. Thirdly, such research must be able apply knowledge about the serious disease in attempting to find cure. The UK is one the nations that have heavily invested in stem cell research technology .
In China, it is prohibited to perform human reproduction using cloning but it is permitted to perform embryo research for therapeutic reasons. India has similar laws that allow embryos research but for treatment purposes only. Japan also permits stem cell research on embryos but similarly for therapeutic purposes. In general therefore, most nations seem to be for the idea of stem cell research for therapeutic purposes and that most governments are funding such research. However, all these nations agree on the issues of ethics and morals in the research. Hug (2010) argues most laws are very strict on issues reading informed consent, minors and mentally challenged person with regard to donation of the stem cells. Additionally, these nations view stem cell research as methods of looking into future ways of treating cell-related diseases.
Current state of American Laws
In the 2009, President Barrack Obama issued an executive order the lifted most of the limitations of federal funding towards stem cell research. In the executive order titled ‘Removing Barriers to Responsible Scientific Research Involving Human Stem Cells’ the president directs the NIH on the manner in which such stem cell research is to be carried out. In the executive the president directs that NIH may conduct responsible and scientifically worthy stem cell research that uses human embryos. In 2011, several courts threw out cases that sought to challenge federal funding on stem cell research. Appeal courts further failed to give such cases hearing on the basis of national interest. Several states in the United States have different laws regarding human cloning. For instance, Indiana, South Dakota, Iowa, North Dakota and Virginia expressly outlaw human reproduction through cloning. Other state such as California, Rhode Island, New Jersey, Missouri and Connecticut permit therapeutic cloning.
Conclusion
Stem cell research is very controversial method of scientific study. Apart from resistance from pro-life activists, there are several ethical and moral issues that pertains this research method. Ethical issues such as informed consent of donors of embryos are some of the concerns that come with stem cell research. Additionally, several constitutions outlaw abortion, thus permitting stem cell research using embryos is tantamount to breaching such constitutions. Therefore governments have taken keen approaches towards accepting the research and at the same time maintaining dignity of life. The United States now fully funds stem cell research however, researchers must maintain standard of ethics and morals.
Gruen, L., Grabel, L., & Singer, P. (2008). Stem cell research: the ethical issue. Chicago: Blackwell Pub.
Hug, K. (2010). Translational Stem Cell Research: Issues Beyond the Debate on the Moral Status of the Human Embryo. Boston: Springer.
Marzilli, A. (2006). Stem cell research and cloning. New York: Infobase Publishing.
President's Council on Bioethics . (2011). Monitoring Stem Cell Research: A Report of the President's Council on Bioethics. Washington: Government Printing Office,.