X-Message-Number: 6670
From: Garret Smyth <>
Newsgroups: sci.cryonics
Subject: Re: BRITISH DESTRUCTION OF EMBRYOS - any Ref?
Date: Sat, 03 Aug 96 01:01:23 GMT
Message-ID: <>
References: <4ttnlt$>

> > destruction of 3,000 human embryos...
> >The embryos, essentially abandoned by their parents, were
> >removed from liquid nitrogen freezers and immersed in a warm
> >solution where they were allowed to disintegrate.
> 
> Does this concerns cryogenics?
> Cells, embryo, organs or bodies? Do the same rules apply?
> 
> Dr W.THEAUX, NYC 960802

This has been quite big news here. The law in question is called something
like "The Human Embryo Act" or "The Human Fertilisation Act" or some such.

It was brought in to cover the general field of in vitro fetilisation and
related research. The relevant bit here is that embryos can only be stored for
five years unless the parents/donors actively ask for more time. The reason
such a large number of embryos are involved is that the 1st of Aug was five
years from when the law came into effect and embryos had been stored for some
time before.

Embryos of parents/donors who didn't respond to letters about the matter have
to be destroyed by law.

In general the law and moral philosophy is much thornier around the beginnings
of our lives than at the end. The point at which we start to have rights
accorded to us is tricky and hence all the fuss. If you're not considered
human in the first place you don't have any rights at all, but if you have
been "alive" and have been accorded rights then things are easier. The
area of law around the coming into the world bit is also more clouded because
things are so new in that area. Dying is pretty much the same as always so
new laws aren't needed.

I'm not a legal expert but I am a fully signed up member of Alcor in England.
To the best of my knowledge, as English law stands someone is either alive
or dead. Since cryonics patients are legally dead they affected by the usual
laws - principaly the Anatomy Act of sometime last century and the more recent
Transplant Act. (The latter act may have "human" and/or "organ" in there 

somewhere.) The patient is in the same legal state as a dead person and so their
wishes for the disposal of their remains must be followed, unexpected death
excepted.

The law about embryos doesn't apply (although I must admit I haven't read it
but it must have been written specifically about embryos because otherwise
other frozen tissue/cell samples would be affected). The law surrounding
cryonics will get much more complex when a significant proportion of the 
populace start to accept that the patients are potentialy alive. Recognising
intermediate states between "Alive" and "Dead" will lead to calls for new
and probably complex and undoubtedly flawed legislation. A problem we will
just have to get through.

It will happen though; Suda (Kobe University) froze those cats' brains and
thawed them to find spontaneous brainwaves. Since the cats would now be
defined as alive it would be hard to get such an experiment past an ethics
committee nowadays, at least over here. The technology has since improved
so it is only a matter of time before people start to realise that what
applies to cats can also apply to humans. Patients frozen under the best
conditions may well be alive even by today's standards.

TTFN

Garret
 
-- 
Garret Smyth

Phone:  0181 789 1045 or +44 181 789 1045


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