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Final Report (all chapters)

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almost without saying. Children born through this procedure could suffer severe psychological<br />

harm, as a crucial aspect of their personal identity – a biological mother – would be missing.<br />

Interestingly, the scientists in question were not prepared to re-examine the rationale for<br />

conducting this line of research despite the outcry that the experiment generated among their<br />

peers. 34 They simply acknowledged the strong negative reactions their experiment produced,<br />

noting that “probably, in some places, it will be ethic<strong>all</strong>y acceptable.” 35<br />

Another case of an innovative reproductive treatment that met with considerable resistance<br />

from the ART community was the announcement by a U.S. researcher that he had added cells<br />

from a male embryo to a female embryo, thus creating a chimeric human embryo. 36 The creation<br />

of chimeras is nothing new in biology, but this appeared to be the first documented case of a<br />

researcher actu<strong>all</strong>y creating and growing, albeit for only a few days, a human chimera.<br />

The justification offered by the researcher for creating the chimeric human embryo was<br />

rather nebulous. The experiment was designed to test an innovative therapy to cure severe<br />

combined immunodeficiency (SCID), also known as “bubble boy disease.” By adding healthy<br />

embryo cells to a diseased embryo, the resulting baby is likely to acquire healthy cells that might<br />

be able to fight the disease. This, at least, was the hope expressed by the researcher in this case.<br />

The scientist decided to add male embryo cells to a female embryo because male embryo cells<br />

are easier to track. The researcher was hoping that the male embryo cells would distribute<br />

homogeneously over the female embryos, which apparently they did. In this narrow, sense the<br />

experiment was successful.<br />

The sharply negative reaction the announcement of this experiment produced is both a<br />

testimony to a shared sense of professional responsibility among the members of the ART<br />

community and a demonstration of the limits of professional self-regulation. Many of the<br />

researcher’s colleagues questioned the scientific rationale for conducting this experiment. They<br />

also emphasized the damage that the announcement of this experiment might cause to the<br />

reputation of the entire ART industry.<br />

Some may interpret these statements as an illustration of reputational incentives at work. 37<br />

In a narrow sense, this is true, but it would be misleading to draw broad lessons from this<br />

34<br />

35<br />

36<br />

37<br />

Shaoni Bhattacharya, Aborted Fetuses Could Become 'Unborn Mothers' (New Scientist, July 1, 2003 [cited<br />

August 2, 2005]); available from http://www.newscientist.com/news/news.jsp?id=ns99993889; Ian Sample,<br />

"Prospect of Babies from Unborn Mothers," The Guardian, July 1, 2003; Jeevan Vasagar, "Use of Foetal Eggs<br />

Grotesque, Say Campaigners," The Guardian, July 2, 2003.<br />

Bhattacharya, Aborted Fetuses Could Become 'Unborn Mothers' ([cited).<br />

Shaoni Bhattacharya, 'She-Male' Embryos Created in Lab (New Scientist, July 3, 2003 [cited April 26, 2006]);<br />

available from http://www.newscientist.com/news/news.jsp?id=ns99993905; Steve Connor, "Scientists Outraged<br />

over Fusion of Male and Female Embryos Condemn Attempt to Combine Male and Female Cells," The<br />

Independent, July 3, 2003; Emma Ross, "European Group Denounces Chimera Embryo," Associated Press, July<br />

2, 2003; Ian Sample, "Scientists Hit out at Creator of 'She-Males'," The Guardian, July 3, 2003.<br />

See, for example, David Charny, "Nonlegal Sanctions in Commercial Relationships," Harvard Law Review 104<br />

(1990); Ronald J. Mann, "Verification Institutions in Financial Transactons," Georgetown Law Journal 87<br />

(1999); Eric A. Posner, "The Regulation of Groups: The Influence of Legal and Nonlegal Sanctions on<br />

Collective Action," University of Chicago Law Review 63 (1996).<br />

87

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