Authorisation for research on embryos
The text is intended to authorise research on supernumerary embryos which are currently deep frozen, (article L.2151-3) :
"Authorisation is granted for research undertaken on human embryos and embryonic cells for medical reasons...".
"Research may only be conducted on embryos conceived in-vitro in the context of medically assisted procreation, and which are not subject to a parental project.
It may only be undertaken after a three-month waiting period, and with the written prior consent of the couple having produced
them...".
Authorisation for the creation of embryos for research in the context of MAP.
It is not only research on supernumerary embryos which has been authorised, but also the conception of embryos intended for research, as covered by article L.2151-2 :
"The conception in-vitro of human embryos for research purposes is prohibited, without prejudice for the provisions of article L.2141-1". But article L.2141-1, which deals with the evaluation of new medically assisted procreation techniques (MAP) ends as follows :
"On completion of the evaluation process, the embryos conceived as a result of this evaluation may not be preserved, nor transferred, nor incorporated in the context of a research project under the provisions of article L.2151-3".
Thus, although the conception in-vitro of human embryos for research purposes is declared as prohibited, the creation of embryos is nevertheless authorised in order to evaluate new medically assisted procreation techniques.
Rejection of cloning
"Any practice intended to give birth to a child or to develop an embryo not directly generated by the gametes of a man and a woman, is prohibited". This therefore raises the question of the prohibition of reproductive cloning, or of so-called therapeutic cloning.
The opening for cloning
The proposed prohibition concerns "any intervention" aimed at the
birth of a child or the development of an embryo, without specifying the nature of the latter. This therefore covers all acts which would make such a birth possible, or which would enable an embryo to develop, whether
in vitro or in vivo.
During the debates on 17th January, amendment 74 was proposed in order to prohibit even more explicitly the conception of embryos produced by that technique. But amendment 74 was withdrawn by the speaker of the time, before being picked up by an elected deputy, M. Mattéi, and finally
rejected.
The text adopted is therefore that which prohibits only the
"development" of an embryo resulting from cloning. Articles 21 and 22 also prohibit only the
"development" of a human embryo resulting from cloning. In consequence,
the law does not strictly prohibit the conception of an embryo, i.e. the development of the cloning
technique, without subsequent development of the embryo. |
Authorisation for research on embryos
by dispensation
Article L2151-3 as amended by the Senate establishes the principle of prohibiting research on the human embryo, but introduces dispensations in a 3rd paragraph :
Paragraph 1 : "Research on the human embryo is prohibited"
Paragraph 3 : "By dispensation of paragraph 1, and for a period limited to 5 years, (...) research may be authorised on embryos and embryonic cells when it is liable to enable major therapeutic advance, and subject that it is not able to be conducted by any alternative method of comparable efficiency, in the current state of scientific knowledge. Research for which the protocols have been authorised within this period of 5 years and which could not be completed in the context of the said protocol may nevertheless be pursued in compliance with the conditions laid down in the present
article".
This 3rd paragraph was adopted by 280 votes to 22.
This overall amendment 121bis rectified by the Government, was adopted by 195 votes to 108.
Prohibition of the creation of embryos for research in the context of MAP
The new article L2151-2 of the public health code, as modified by amendment 117 corrected, deletes the exception introduced by the National Assembly with respect to MAP :
"The in-vitro conception or constitution by cloning of human embryos for research purposes is
prohibited".
"Human embryos cannot be conceived nor constituted by cloning, nor used for commercial or industrial
purposes".
Thus the Senate prohibits in-vitro
conception of embryos for research or commercial purposes, but note that it does not prohibit in-vitro conception of embryos for therapeutic reasons, whereas it takes pains to specify the prohibition with respect to cloning. (cf. paragraph on therapeutic
cloning)
Rejection of reproductive and therapeutic cloning
Reproductive cloning : "crime against the human species"
Article 21 (amendment 127) of the proposed law is modified thus : "any action intended to give birth to a child genetically identical to a human person either past or living, is
prohibited".
This prohibition is associated with a new criminal offence known as "crime against the human
species" which is punishable by a 30 year prison sentence and a 7.500.000 € fine.
Therapeutic cloning is prohibited
- "conception in-vitro or constitution by cloning of human embryos for commercial or industrial purposes, is punishable by a 7 year prison sentence and a 100 000 €
fine" (amdt. 128).
- "conception in-vitro or constitution by cloning of human embryos for research purposes is punishable by a 7 year prison sentence and a 100 000 €
fine" (amdt. 129).
- "constitution by cloning of human embryos for therapeutic reasons is punishable by a 7 year prison sentence and 100 000 €
fine" (amdt. 130).
Note the difference in wording between these two amendments : the latter paragraph, concerning
therapeutic purposes is aimed at punishing the constitution by cloning
and not in-vitro conception of embryos, as is the case in the previous paragraphs. Is it therefore permissible to conceive embryos for so-called therapeutic purposes ?
The final result
This modified proposed law was adopted by the Senate on 30th January 2003 by 196 votes to 107 with 12 abstentions.  |
