Research on Surplus Human Embryos in IVF Programs

In IVF programs excess pre-embryos can be and are used for embryo research in some centers all over the world. This raises an important ethical question concerning the ethical implications of such researches.

Science tells us that the human embryo which is the little clumps of cells is the beginning of human life. It can be shown to be human by the nature of its genetic material, DNA, and the structure of its chromosomes. These components contain the information in chemical code for the development of the embryo into a human person. However, one must not forget that it is not only the human embryo that is genetically unique, but every sperm and ovum is also genetically unique. They have all arisen from meiosis, the cell division in the gonads. At that time, as the number of chromosomes is halved, the genetic material is exchanged between sister chromatids to produce a completely new arrangement. During the long process of maturation of the germ cells, the genetic material is further modified by imprinting, producing even more genetic uniqueness for each ovum and sperm. However, one must not forget that not every sperm cell and ovum or even an embryo develop into a human person. There is an enormous natural prenatal loss which is known to occur.  Indeed if everything is favorable then a human being gradually emerges in only about 20% of embryos. It is, therefore, not surprising that some ethists and scientists do not consider a human embryo as a human person and may, therefore, allow experiments on it which involves its killing(25). However, these scientists admit the potentiality of human embryos to develop into a human person. This means that great respect must always be accorded with it. Experiments which may harm the embryo, while still allowing it subsequently to realize its potential and become a person, should not be permitted.

The classic Thomistic definition of the person is "an individual" substance of rational nature. The "individus" is the Latin translation of the Greek "atomos". This means that an individual means an "indivisible" entity. Science had shown that up to 14th day from fertilization the embryo can split into two or more without dying. Therefore, it does not satisfy the definition and hence is the term "pre-embryo" to indicate this period of development(22).

The existence of the higher brain is necessary for any form of human rationality. As science shows that the higher brain only develops several weeks after fertilization, the embryo, therefore, is not a person. This is far from the concept of Iglesias and Serra who consider the embryo as a person from fertilization(26, 27). Surveys of the bioethics literature on personhood showed the great difficulty of arriving at an agreed upon set of criteria for personhood(28).

Muslim theologians think fetal development occurs in three stages, each lasting 40 days, the sperm cell and ovum, the blood like clot and the lump of flesh (fetus). At the end of these stages, the fetus is ensouled. This concept is based on the versus in the Holy Quran and explanatory Hadith of the Prophet Mohamed (PBUH). The Holy Quran says : "Then We did create from a quintessence (of clay). Then We placed him as (a drop of) sperm in a place of rest, firmly fixed. Then We made the sperm into a clot of congealed blood; then of that clot We made a (foetus) lump; then We made out of that lump bones and clothed the bones with flesh; then We developed out of it another creature. So blessed be God, The Best to create"(29).

The Prophet Mohamed (PBUH) later explained that each phase of this development lasts for forty days(30).

From a Muslim perspective, excess pre-embryos in IVF program can be used for genetic research purposes provided the free informed consent is obtained from the couple.

It should be reiterated that research conducted on pre-embryos should be limited to therapeutic research. The treated pre-embryos shall be transferred only to the uterus of the wife who is the owner of the ova and only during validity of the marriage contract. This should be applicable to research involving microsurgical techniques as sperm pronuclear extraction to correct polyspermy and genetic diagnosis of a portion of the embryo, one blastomere or its nucleus for a specific genetic defect(20, 31). As excess pre-embryos are the property of the couple, the free informed consent of the couple should be obtained before these pre-embryos are subjected to non therapeutic research. These pre-embryos are not to be transferred to the uterus of the wife or that of any other woman(2, 4, 20, 31).

Research aiming at changing the inherited characteristics of pre-embryos, including sex selection, are forbidden as it constitutes a challenge to the will of God(20, 21). Research of a commercial nature or not related to the health of mother and child are not allowed. 

Respect for the origin and human character of the pre-embryos dictates the restrictions placed on the research conducted with them. Research should be conducted with specific goals, on a very limited scale and under strict control. The research should be conducted in research institutes of sound repute, such as specialized research organizations. The researchers should have medical justification and be a qualified and skilled scientist.

The past few years had witnessed marked improvement in pre-embryo research, as well as legislation of such research in some countries. This has evoked the old ethical concerns about techniques and approaches which can alter our inner environment, introduce changes in our very genetic constitutions and structures and enable us to influence the kinds of people who are born(32, 33). The answer is not suppression of research in these areas, but study committees and other groups to monitor developments and make statements when such need arises.

What ethical limits should be set in relation to research on pre-embryos ? Should such research be conducted solely for the purpose of improving in vitro fertilization or are other aims permissible ? Study of teratogenicity of nicotine, growth of malignant cells or effect of certain medicaments are examples of these studies. How far is it permissible for the research to go as optimization of pre-embryo development, cloning, hybridization ? All these are questions which were raised over the past few years. They indeed created and continue to create a lot of ethical debate all over the world.