800 word paper ( double spaced, APA-style bibliography) and a Final

Applied Jurisprudence

Preimplantation Genetic Diagnosis Part 3

Preimplantation Genetic Diagnosis

3. Screening for Genetic Compatibility with a Sibling in Need of a Transplant

Introduction

Screening for Genetic Compatibility with a Sibling in Need of a Transplant

Introduction: Genetic Compatibility

PGD can be used to screen embryos for genetic compatibility with an existing child (a sibling) in need of a transplant prior to uterine transfer ▪ Conditions such as leukemia can be fatal if untreated, and for

many sufferers the only cure is a bone marrow transplant from a genetically compatible donor (a donor who is a genetic/tissue match)

▪ Parents have only a 1 in 200 chance of being a genetically compatible donor for their children

▪ If no match exists, there is now reproductive science/technology that can be used to create a genetically compatible sibling to donate life-saving tissue to the existing child in need of a transplant

Introduction: Genetic Compatibility

Procedure for Using PGD to Screen Embryos for Genetic Compatibility with an Existing Child in Need of a Transplant

Embryos created through IVF are tested for both: a) The genetic disease possessed by the existing child in need of

the transplant; and b) genetic/hysto compatibility with the existing child in need of

the transplant through human leucocyte antigen (HLA) typing/matching

Only those embryos that are genetically compatible with the existing child and free of the original genetic disease are implanted into the uterus

Introduction: Genetic Compatibility

▪ People who are in favor of screening embryos for genetic compatibility with a sibling in need of a transplant (Proponents) call the resulting children "Savior Siblings“

▪ People who oppose screening embryos for genetic compatibility with a sibling in need of a transplant (Opponents) call the resulting children “Spare Parts Babies

Watch Movie: “My Sister’s Keeper”

Normative Jurisprudence

Screening for Genetic Compatibility with a Sibling in Need of a Transplant

Normative Jurisprudence The Relationship Between Law & Morality

Normative Jurisprudence: Genetic Compatibility The Relationship between Law & Morality

Deontological Ethical Theories

Natural Law ▪ According to Natural Law, using PGD to screen embryos for

genetic compatibility with an existing child (a sibling) in need of a transplant is Always Immoral • Rationale:

o The right to life is the most supreme natural right. o We have a moral obligation to protect life - especially innocent

& defenseless life (embryos). o Screening embryos for genetic compatibility with am existing

child is immoral because it violates the discarding embryos’ fundamental and inalienable right to life.

Normative Jurisprudence: Genetic Compatibility The Relationship between Law & Morality

Deontological Ethical Theories (continued)

Kantian Ethics ▪ According to Kantian Ethics, using PGD to screen for genetic

compatibility with an existing child (a sibling) in need of a transplant is Always Immoral • All human life has intrinsic and equal value regardless of whether it is

born or unborn and regardless of whether it is genetically compatible with an existing child ( a sibling) in need of a transplant o Being genetically incompatible with an existing child in need of a

transplant doesn’t rob an embryo’s life of value or justify ending its life

Normative Jurisprudence: Superficial Desired Traits The Relationship between Law & Morality

Deontological Ethical Theories (continued)

Kantian Ethics (continued) • Since all human life has value, we have a duty to treat both embryos and

people with dignity (as an end unto themselves, rather than as a means to an end) o Using PGD to screen embryos for genetic compatibility with an existing

child is immoral because it treats genetically incompatible embryos as a means to an end (they are created and then destroyed so that family can achieve happiness)

o Using PGD to screen embryos for genetic compatibility with an existing child is also immoral because it treats the resulting child (the genetically compatible “Savior Sibling”) as a means to an end (they are created and used to heal their sick sibling rather than to be loved unconditionally)

Normative Jurisprudence: Genetic Compatibility The Relationship between Law & Morality

Teleological Ethical Theories

Utilitarianism

▪ According to Utilitarianism, using PGD to screen embryos for genetic compatibility with an existing child (a sibling) in need of a transplant can be Moral or Immoral

• Whether using PGD to screen embryos for genetic compatibility with an existing child is moral depends on whether it produces the greatest good for the greatest number of people.

• We must make this determination on a case-by-case basis by tallying the positive & negative consequences of (the good & bad that will result from) each couple’s decision to use PGD to screen embryos for genetic compatibility with an existing child in need of a transplant

Normative Jurisprudence: Genetic Compatibility The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Utilitarianism (continued) • When determining the morality of using PGD to screen embryos for

genetic compatibility with an existing child in need of a transplant, we must weigh the potentially positive consequences that it might have for some people against the potentially negative consequences that it might have for others

▪ Rationale for the View that Using PGD to Screen Embryos for Genetic Compatibility with an Existing Child is Moral • The Positive Consequences of Using PGD to Screen Embryos for

Genetic Compatibility with An Existing Child Outweigh Its Negative Consequences

Normative Jurisprudence: Genetic Compatibility The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Utilitarianism (continued) ▪ Rationale for the View that Using PGD to Screen Embryos for Genetic

Compatibility with an Existing Child is Moral (continued) o Potentially Positive Consequences of Using PGD to Screen for

Genetic Compatibility with an Existing Child ▪ It could save families from unnecessary suffering ▪ It allows parents to improve the health & wellbeing of their

children ▪ Parents Often Have Mixed/Ulterior Motives For Having Children a

such Ulterior Motives Are Not Predictive of Parenting Ability ▪ Parents Willing to Have A Child to Save An Existing Child Are

Committed to the Well-Being of their Children

Normative Jurisprudence: Genetic Compatibility The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Utilitarianism (continued) ▪ Rationale for the View that Using PGD to Screen Embryos for Genetic

Compatibility with an Existing Child is Moral (continued) o Potentially Positive Consequences of Using PGD to Screen for

Genetic Compatibility with an Existing Child (continued) ▪ It could save families from unnecessary suffering ▪ It allows parents to improve the health & wellbeing of their children ▪ The resulting child could get pleasure from knowing they had saved

a life ▪ It could free up organs/tissues on public donor registries/lists for

other people in need of transplants ▪ It could save society money

Normative Jurisprudence: Genetic Compatibility The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Utilitarianism (continued) ▪ Rationale for the View that Using PGD to Screen Embryos for Genetic

Compatibility with an Existing Child is Immoral • The Negative Consequences of Using PGD to Screen Embryos for Genetic

Compatibility with An Existing Child Outweigh Its Positive Consequences o Potentially Negative Consequences of Using PGD to Screen for

Genetic Compatibility with an Existing Child ▪ It violates the discarded embryos' right to life ▪ It devalues the sanctity human life ▪ It could violate the resulting child’s right to autonomy/bodily

integrity

Normative Jurisprudence: Genetic Compatibility The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Utilitarianism (continued) ▪ Rationale for the View that Using PGD to Screen Embryos for Genetic

Compatibility with an Existing Child is Immoral (continued) o Potentially Negative Consequences of Using PGD to Screen for

Genetic Compatibility with an Existing Child (continued) ▪ The resulting child could be treated like a commodity (a bank of parts) ▪ The resulting child could have a poor quality of life ▪ The resulting child could suffer adverse psychological

consequences ▪ It could lead to reduction in funds for public organ/tissue donation

programs and donor registries

Normative Jurisprudence: Genetic Compatibility The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Ethical Altruism ▪ According to Ethical Altruism, Using PGD to Screen for Genetic

Compatibility with an Existing Child can be Moral or Immoral • Using PGD to Screen for Genetic Compatibility Is Moral if it was

done for unselfish reasons (solely to benefit someone else) o e.g. Using PGD to screen embryos for genetic compatibility with

your child who needs a transplant in order to give your child every opportunity to live a full and healthy life

• Using PGD to Screen for Genetic Compatibility Is Immoral if it was done for selfish reasons (solely to benefit yourself) o e.g. Using PGD to screen embryos for genetic compatibility with

your child who needs a transplant just because you can afford to do so and you think it’s cool.

Normative Jurisprudence: Genetic Compatibility The Relationship between Law & Morality

Teleological Ethical Theories (continued)

Ethical Egoism ▪ According to Ethical Egoism, Using PGD to Screen for Genetic

Compatibility with an Existing Child can be Moral or Immoral • Using PGD to Screen for Genetic Compatibility Is Moral if it was

done for selfish reasons (solely to benefit yourself) o e.g. Using PGD to screen embryos for genetic compatibility with

your child who needs a transplant just because you can afford to do so and you think it’s cool.

• Using PGD to Screen for Genetic Compatibility Is Immoral if it was done for unselfish reasons (solely to benefit someone else) o e.g. Using PGD to screen embryos for genetic compatibility with

your child who needs a transplant in order to give your child every opportunity to live a full and healthy life

Normative Jurisprudence Freedom & The Proper Limits of the Law

Normative Jurisprudence: Genetic Compatibility The Proper Limits of the Law

The Harm Principle

The government may prohibit using PGD to screen embryos for genetic compatibility with an existing child (a sibling) in need of a transplant only if doing so is necessary to prevent harm to others

• e.g. A law that bans the practice of screening embryos for genetic compatibility with an existing child in need of a transplant out of the government’s desire to prevent the resulting child from being treated like a bank of parts rather than like a human being

• e.g. A law that bans the practice of screening embryos for genetic compatibility with an existing child in need of a transplant out of the government’s desire to prevent the resulting child from being forced to undergo unwanted elective medical procedures

Normative Jurisprudence: Genetic Compatibility The Proper Limits of the Law

The Principle of Legal Moralism

The government may prohibit using PGD to screen embryos for genetic compatibility with an existing child (a sibling) in need of a transplant if society, as a whole, deems the practice to be immoral

▪ e.g. A law that bans the practice of screening embryos for genetic compatibility with an existing child in need of a transplant because society, as a whole, believes that the practice is immoral

Critical Jurisprudence

Screening for Genetic Compatibility with a Sibling in Need of a Transplant

Critical Jurisprudence: Genetic Compatibility Critical Legal Studies

Using PGD to screen embryos for genetic compatibility with an existing child in need of a transplant is so expensive that only the wealthy will be able to afford it ▪ Due to the expensive nature of screening embryos for genetic

compatibility with an existing child, legalizing the practice would o Give the wealthy an unfair genetic advantage over the poor o Exacerbate socioeconomic inequality by creating a genetic

underclass

▪ Legalizing the practice of screening embryos for genetic compatibility with an existing child in need of a transplant will lead to a reduction in funds for public organs/tissue donation programs and registries, which will negatively affect the poor who, due to the expensive nature of the screening procedure, rely on these public programs/registries to obtain transplants

Critical Jurisprudence: Genetic Compatibility Critical Race Theory

Using PGD to screen embryos for genetic compatibility with an existing child in need of a transplant is so expensive that only the wealthy will be able to afford it. Since Racial & Ethnic minorities are disproportionately poor in this country, legalizing PGD will perpetuate racial inequality & further devalue minorities

▪ Due to the expensive nature of screening embryos for genetic compatibility, legalizing the practice would exacerbate racial inequality by giving Whites (who are disproportionately wealthy) an unfair genetic advantage over racial and ethnic minorities (who are disproportionately poor)

▪ Legalizing the practice of screening embryos for genetic compatibility will lead to a reduction in funds for public organ/tissue donation programs and registries, which will negatively affect racial and ethnic minorities who are disproportionately poor and thus, must rely on public organ donor lists to obtain transplants