Final Report (all chapters)

that the cloned embryo have an identical copy of the genome of the original cell. This means that
cloning could not legally be performed on the grounds that cloned embryos have different
mitochondrial DNA and therefore are not genetic copies. Section 8(4) establishes that “embryo
splitting” – the process by which an embryo at a very early stage is split into two embryos – does
produce a human embryo clone and is therefore also banned. The PHCA prohibits the
implantation of cloned embryos in a human body, 22
and the import or export of cloned
embryos. 23 It also preempts the argument that cloning an embryo is not punishable because the
embryo in question would not have been viable, an argument that in the United States enjoys
some popularity. 24 In sum, Australia has closed all doors on the creation and use of cloned
human embryos.
The creation of human embryos is otherwise permitted but severely restricted. Embryos can
be created, but exclusively for reproductive purposes. 25 The PHCA forbids the creation of human
embryos by means other than the union of a human oocyte and human sperm. 26 It also prohibits
retrieving a viable human embryo from the body of a woman. 27 This procedure, known as
“embryo flushing,” is common in animal husbandry, but it has yet to be used in humans. The
PHCA makes it illegal to implant a human embryo in an animal, 28 and finally, it prohibits the
import and export of human embryos, 29 as well as the trade of embryos, human eggs, and human
sperm. 30 There are a few important exceptions to these prohibitions. In particular, neither embryo
nor stem cell research are covered by these bans, but both are strictly regulated. Terms and
conditions for conducting this type of research are laid out in RIHEA (see the next section).
Furthermore, the PHCA revised explanatory memorandum clarifies that screening embryos for
medical purposes, as for certain uses of PGD, remains legal.
With regard to reproductive technologies in Australia, the PHCA prohibits the creation of
human embryos with genetic material from more than two persons. 31 The revised explanatory
memorandum makes clear that Section 15 is intended to ban reproductive techniques such as
ooplasm transfer. This seems in keeping with the FDA suspension of this procedure in the United
States out of concern that it may not be safe. Another preventive measure is Section 16, which
bans the development of a human embryo outside the body of a woman for more than 14 days.
While it may be difficult to see the need for this prohibition at this time, our discussion of new
22
23
24
25
26
27
28
29
30
31
See Section 10.
See Section 11.
See Section 12.
See Section 14.
See Section 13.
See Section 19.
See Section 21.
See Section 22.
See Section 23.
See Section 15.
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