REVISION OF BIOETHIC LAWS

Embryo

The embryo is a being, a human being, which begins to develop from the moment fertilization takes place. From fertilization to death, human life evolves continually and, in so doing, passes through various stages : embryo (up until 2 months), foetus, newborn, child, etc.

There is no pre-embryonic stage – before then, only the two reproductive cells exist, the ovule and the spermatozoon. The entire range of genes (the genotype) is contained in the egg that is created from the fusion of these two cells.

Embryonic stem cells

The cells that make up the young embryo are called ‘stems’ because they are capable of making all the other human body cells producing muscle, skin, nails, etc. 

Embryonic research is authorized by the bioethics french actual law. It does not aim to cure a sick embryo, but to take embryo cells (and therefore, destruct it) to use them as experimental material.

Adult stem cells

For example, the nerve cells can develop into brain cells or even into muscle cells.

Important  : contrary to the research on embryonic stem cells, adult stem cell research does not pose any ethical problems.

As envisaged by bioethics laws, the aim is not to treat  an unhealthy embryo  but to take cells from the embryo and use them as material for experimental  purposes.

Human cloning  

(reproductive &  therapeutic)

Manipulation : reproduction, non-sexually, of an identical human being. Not to be confused with the expression ‘cellular cloning’ which is sometimes used. (It is simply the culture of cells used for grafting of serious burns cases).

Technique : the nuclear of the ovule is removed and replaced by the nuclear of a non-reproductive cell taken from a donor. In this way, a ‘twin’ embryo is created …. some years later.

A false distinction : if the growth of an embryo is interrupted at a week old, in order to use its cells for research purposes, we incorrectly refer to it as therapeutic cloning. If, however, the embryo is left to develop naturally until birth, it is known as reproductive cloning. In both cases, the technique used is exactly the same : a human being is reproduced.

Important : cloning for research purposes is therefore the act of creating an embryo which is thereafter destroyed and used as material for research.

In 1994, the first bioethics laws were voted (law 94-654). The plan was to revise and update them five years later in 1999.
In 1998, the National Ethics Consulting Committee (CCNE) put forward its initial thoughts regarding the updating of the laws (advice 60). However, the update was only studied some two years later in 2001 and thus the reason that the CCNE expressed its second judgment in the same year (advice 67).
In the meantime, Mr Claeys and Mr Huriet from the parliamentary office for the evaluation of scientific and technological research published two reports: the first one on the application of the 94-654 law passed in 1994 and the second one on cloning, cellular therapy and the therapeutic use of stem cells. Finally in June 2001, the government bill was brought into at the National Assembly. Discussions between the Members of parliament were based on this particular bill. The bill on bioethics was voted law on 22 January 2002 at its first reading, by a majority of 325 in favour of the bill and 21 against, whilst 151 abstained.
Because of the electoral calendar (presidential and parliamentary elections), the bill was adopted by the Senate on 31 January 2003 by 196 votes in favour, 107 against and 12 abstentions.
In December 2003, Parliament voted a draft bill in which :
research on supernumerary embryos which in theory is prohibited, can be permitted, notwithstanding and for a limited period of up to five years, when they are considered to be of  valuable use to major therapeutic progress and on the condition that they cannot, thereafter, be pursued for an equally efficient alternative method
cloning is forbidden, under whatever form, whether reproductive or therapeutic
pre-implantation diagnosis is to be increased to include "design babies"

On 2004, June 8th, the law project passed its second reading in the Senate, bringing a new amendment stating that only the embryos existing at the law promulgation date would be available for research. Re-discussed in plenary session, this amendment has been rejected. The law project has been ratified during the National Assembly and Senate sessions on 2004, July 8th and 9th.