Stem Cell Research
Question:
The National Institutes of Health (NIH) announced that it
will allow research on embryo master cells despite a federal ban on human
embryo research in the US. Does Jewish law distinguish between master cells and
the embryo itself? Does it matter how the cells were retrieved? Are there any
other halachic issues involved?
Answer:
Man’s creation
in the image of God confers infinite value on every innocent human life and
renders its destruction a capital offense. Although this inviolability does not
begin until birth, the unborn child enjoys a sacred title to life from an early
stage of its development, to be set aside only under exceptional circumstances
such as serious danger to the mother’s life.
Various criteria
determine the fetus or embryo’s halachic status. The opinions of the halachic
authorities are by no means in accordance, but there is general agreement on
one fundamental principle: full human status is only acquired at birth, and
until then the destruction of the product of conception does not constitute
murder. Nonetheless, it is clearly agreed that the potential for life must not
be compromised except for the most substantial medical reasons.
All authorities
agree that some protection should be given to the embryo during each stage of
its development, from conception to birth. The exact status of each stage is
sometimes arguable; the following seven stages, therefore, are only a summary
of the mainstream opinions of recognized contemporary halachic author- ities. In general, the first two stages are the most
relevant to the present discussion since they concern the pre-embryo and
embryo.
The
pre-implantation embryo stage begins with the fusion of gametes, when they
acquire all the genetic information necessary for human development.
The embryo stage
begins with implantation, when no active procedure is required to maintain
growth, and the chances of the embryo reaching the neonatal stage exceed fifty
percent.
The first fetus
stage begins on the forty-first day after con- ception,
when gross organogenesis is complete and human form is established and visible
on the expulsion or extraction of the embryo.
The second fetus
stage begins at the end of the third gest- ational
month, when pregnancy is recognizable without the use of modern equipment.
The viable fetus
stage begins on the twenty-seventh week, acc- ording
to Jewish sources.
The dislodged
fetus stage starts at the beginning of the second stage of labor.
The neonate
stage begins at birth (after the second stage of labor), when the newborn
acquires full human status.
The
pre-implantation embryo’s halachic status is reduced by the low probability
that it will actually reach the neonatal stage and be born – the Sabbath laws,
for example, are not set aside in order to save its “life.” The
pre-implantation embryo does not enjoy the same sacred title to life as the
embryo or fetus, and its status is similar to that of human semen.
The Talmud
considers the embryo during its first forty days following conception as “mere water” (maya be-‘alma)
in the context of the laws of impurity normally following birth or mis-
carriage. Some later authorities use this as support for minimizing the
embryo’s “rights” or status during this phase so that the prohibition against
“destruction of potential human life” does not exist. The only source for
protecting such an embryo is an extension of the prohibition against “spilling
seed in vain.”
Such a
conclusion could lead to permitting embryo research if it is conducted in order
to enable the sperm donor to bear children or in order to save someone’s life.
It is not accepted by some halachic authorities today, however, and the Sabbath
laws are set aside in order to save the post-implantation embryo’s “life,” indic- ating that the
post-implantation embryo does have some human status. The prohibition against
destruction of potential human life exists in the case of the embryo, in
contrast to the in-vitro pre-implantation embryo.
Jewish law does
not differentiate between destruction of an in-vitro pre-implantation embryo
and its use for scientific research. Both are forbidden as long as the
potential for implantation exists. Creation and use of in-vitro
pre-implantation embryos for fertility research should only be allowed if there
are real chances that the sperm donor will have a child as a result (and
thereby fulfill the commandment to “be fruitful and multiply”), or if it is
highly pro- bable that the research will save human
life.
An in-vitro
blastocyst that has lost its implantation potential may be kept for further
research. A priori creation of such a blas- tocyst for research purposes, however, is prohibited.
It is forbidden
to use a viable post-implantation embryo for research purposes unless the
research is essential for saving that embryo’s “life.”
There is a clear distinction between the pre-implantation and
post-implantation embryo, but Jewish law does not recognize the arbitrary
fourteen-day limit of the distinction between embryo and pre-embryo.
Source:
ASSIA – Jewish Medical Ethics,
Vol. IV, No. 1, February 2001, pp. 59-60