7
Lives to save lives – the ethics of tissue typing STEPHEN BELLAMY St James’ Vicarage, Southport, UK Abstract Should we allow tissue typing of in vitro embryos in order to implant those which could provide potentially life-saving cells to an existing serious ill sibling with that tissue type? A case is made that such tissue matching does not involve unacceptable instrumentality towards or commodification of children. The key distinction is that the parents’ request for tissue typing is reactive in the face of serious medical need rather than being proactive in the sense of seeking the means to specify a child with chosen desirable characteristics. Nevertheless, as preimplantation genetic diagnosis (PGD) is a relatively new technique, both long-term safety issues concerning effects on child development following embryo biopsy and the risks of misdiagnosis must be given due weight as must the avoidance of exploitation of couples desperate to save a sick child. The HFEA originally made a distinction, recently revoked, between allowing tissue typing after PGD to select against affected embryos and denying it when PGD is not required because the embryos are not at risk of inheriting the disease suffered by the existing sibling. If tissue typing is not inherently unethical and misdiagnosis poses a greater risk than biopsy damage, then this distinction is not ethically tenable. Preface: Moral Awe – a framework for ethical debate by Rt. Revd James Jones, Bishop of Liverpool A major current difficulty in the discussion of ethics is the establishment of any consensus concerning the ethical system we are applying. In a pluriform, multicultural and multi faith society, people are reasonably content to allow individuals their own personal and private moral opinions and even to acknowledge that these are important for them to hold. Yet the proposition that there is some ethical system that is binding on the whole community suggests a degree of absolut- ism which sits unfavourably with the mood of relativism and the culture of subjectivism. Today, people are encouraged to do what they think is right, which is very different from their being told to do what is right. So, when no-one’s moral opinion is deemed to be better or worse than anyone else’s, how are we to chart an ethical course e.g. in our use of new technologies which handle the essence of human life? I suggest that, although we live in an age of opinions, there is a moral consensus which should be emphasised as a means of recovering to public debate a sense of moral awe. This ethical quality of moral awe is characterized by four hallmarks. First, all our actions spring from and shape our characters. Secondly, all our actions have consequences, both individually and socially, even though these may not be revealed immediately. Thirdly, all our actions will be judged by future generations. Fourthly, we are all responsible for our actions to whatever or whoever is the source of our moral intuition. These hallmarks of moral awe provide basic criteria which both form and express a moral attitude and can be embraced by people of every faith or of none. While not providing standard answers to every ethical dilemma, nevertheless their adoption creates a moral atmosphere in which we maintain a due sense of reverence and humility before the mysteries of life. Even well informed lay people can feel blinded by science as its discoveries and associated technology proceed apace. In order for the community to trust scientists, we need to be assured that they approach their task with humility and reverence. Recovering a sense of moral awe in decision-making would create Correspondence: Revd. Stephen Bellamy, St James’ Vicarage, 26 Lulworth Road, Southport, PR8 2BQ, UK. Tel: 01704-566255. Fax: 01704-564907. E-mail: [email protected] Human Fertility, March 2005; 8(1): 5 – 11 ISSN 1464-7273 print/ISSN 1742-8149 online # British Fertility Society DOI: 10.1080/14647270500030597 Hum Fertil (Camb) Downloaded from informahealthcare.com by University of Washington on 11/06/14 For personal use only.

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Lives to save lives – the ethics of tissue typing

STEPHEN BELLAMY

St James’ Vicarage, Southport, UK

AbstractShould we allow tissue typing of in vitro embryos in order to implant those which could provide potentially life-saving cells toan existing serious ill sibling with that tissue type? A case is made that such tissue matching does not involve unacceptableinstrumentality towards or commodification of children. The key distinction is that the parents’ request for tissue typing isreactive in the face of serious medical need rather than being proactive in the sense of seeking the means to specify a childwith chosen desirable characteristics. Nevertheless, as preimplantation genetic diagnosis (PGD) is a relatively newtechnique, both long-term safety issues concerning effects on child development following embryo biopsy and the risks ofmisdiagnosis must be given due weight as must the avoidance of exploitation of couples desperate to save a sick child. TheHFEA originally made a distinction, recently revoked, between allowing tissue typing after PGD to select against affectedembryos and denying it when PGD is not required because the embryos are not at risk of inheriting the disease suffered bythe existing sibling. If tissue typing is not inherently unethical and misdiagnosis poses a greater risk than biopsy damage, thenthis distinction is not ethically tenable.

Preface: Moral Awe – a framework for ethical

debate by Rt. Revd James Jones, Bishop of

Liverpool

A major current difficulty in the discussion of ethics

is the establishment of any consensus concerning the

ethical system we are applying.

In a pluriform, multicultural and multi faith

society, people are reasonably content to allow

individuals their own personal and private moral

opinions and even to acknowledge that these are

important for them to hold. Yet the proposition

that there is some ethical system that is binding on

the whole community suggests a degree of absolut-

ism which sits unfavourably with the mood of

relativism and the culture of subjectivism. Today,

people are encouraged to do what they think is

right, which is very different from their being told

to do what is right. So, when no-one’s moral

opinion is deemed to be better or worse than

anyone else’s, how are we to chart an ethical

course e.g. in our use of new technologies which

handle the essence of human life?

I suggest that, although we live in an age of

opinions, there is a moral consensus which should be

emphasised as a means of recovering to public debate

a sense of moral awe.

This ethical quality of moral awe is characterized

by four hallmarks. First, all our actions spring from

and shape our characters. Secondly, all our actions

have consequences, both individually and socially,

even though these may not be revealed immediately.

Thirdly, all our actions will be judged by future

generations. Fourthly, we are all responsible for our

actions to whatever or whoever is the source of our

moral intuition.

These hallmarks of moral awe provide basic

criteria which both form and express a moral attitude

and can be embraced by people of every faith or of

none. While not providing standard answers to every

ethical dilemma, nevertheless their adoption creates

a moral atmosphere in which we maintain a due

sense of reverence and humility before the mysteries

of life.

Even well informed lay people can feel blinded by

science as its discoveries and associated technology

proceed apace. In order for the community to trust

scientists, we need to be assured that they approach

their task with humility and reverence. Recovering a

sense of moral awe in decision-making would create

Correspondence: Revd. Stephen Bellamy, St James’ Vicarage, 26 Lulworth Road, Southport, PR8 2BQ, UK. Tel: 01704-566255. Fax: 01704-564907. E-mail:

[email protected]

Human Fertility, March 2005; 8(1): 5 – 11

ISSN 1464-7273 print/ISSN 1742-8149 online # British Fertility Society

DOI: 10.1080/14647270500030597

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greater confidence that scientific research and

experimentation is indeed for the common good.

Lives to save lives – the ethical issues

HLA (Human Leukocyte Antigen) tissue typing of

IVF embryos is intended to facilitate the selection

and implantation of an embryo, which shares the

HLA type of an existing seriously ill sibling. At the

resulting child’s birth, umbilical cord blood and

placental blood can be collected and subsequently

used as a source of potentially life-saving stem cells

for its sick sibling.

There are widely divergent opinions about the

acceptability of this new technology and while this

account draws on Christian ethical principles, it

makes no pretension to be the only possible Christian

assessment.

Not everyone will consider the tissue typing (TT)

of embryos to be a dilemma. Those who hold that an

IVF embryo has the same moral status as a person

will immediately conclude that TT is wrong (as they

would any form of IVF which involves the destruc-

tion of embryos). Though some Christians and

others conscientiously take this view, it is not one I

feel compelled to adopt either from a consideration

of scripture or science. From the opposite extreme,

those who deny that an IVF embryo has any moral

status at all (or perhaps that parental autonomy over

the use of embryos will consistently overrule all other

considerations) will have no hesitation in concluding

that TT is acceptable.

TT provides a dilemma only for those, like me,

who believe that the IVF embryo is to be afforded

some moral weight even if it is not of the same moral

status as a living person. This implies a degree of

respect for embryos, so that they can only be used in

limited ways and is the general position of the 1990

HFE Act. In Christian terms we might say that the

IVF embryo is in the process of development in which

it may subsequently, after further human interven-

tion, become a person made in the image of God.

Together with this view of the embryo, I wish to

give adequate weight to the strong Christian mandate

to heal while acknowledging that not all possible

methods of healing will be acceptable and that the

ultimate wholeness of human beings is neither

physical nor fully attainable during this life.

The dilemma then presents itself in terms of

whether the techniques of pre-implantation genetic

diagnosis (PGD) and TT provide an ethically

acceptable method of attempting to heal an existing

seriously ill sibling. Bishop James has already alluded

to our responsibility for appropriate stewardship of

creation especially in approaching the mysteries of

life with a moral awe, which enjoins upon us an

attitude of reverence and humility.

The ethical assessment of TT should therefore be

undertaken remembering that we did not create and

design ourselves; that we are not ethically infallible

and may lack the wisdom always to make the right

decisions and that we face great responsibilities in

making selection decisions about IVF embryos. One

consequence of this approach will be that we face the

necessity of going back and tightening our laws if our

decisions are shown, after further monitoring, to

have been wrong e.g. if we find that a risk taken has

been too great.

Two significant areas of ethical debate concern-

ing TT will be examined. These are: embryo

selection issues, which consider possible intrinsic

reasons against selecting embryos for tissue type

and safety issues, which concern the risks inherent

in the procedures.

Embryo selection issues

Commodification of children

Receiving children into a family as a gift and, more

specifically, as a gift of God is a widely held

Christian principle. A significant consideration

regarding TT, therefore, is whether TT entails

treating the resulting child as a commodity rather

than accepting him/her with love as a gift of God.

Interviews with the two families, the Hashmis and

the Whitakers (Channel 4 Television, 2003; BBC

Television, 2003), whose requests for TT have

been very publicly documented, indicate the depth

of love these families have for their children. This

is confirmed by their being willing to undergo the

arduous processes TT requires for the sake of their

existing unwell child. It is unlikely that they would

refuse to extend that same love to any further child

of theirs (Pennings, Schots, & Liebahrs, 2002,

p.536). Thus TT itself does not prevent a child

being loved nor does it preclude his/her acceptance

as a gift.

Another major concern is whether TT is a step

on a ‘slippery slope’ to so-called ‘designer babies’.

Since the process in TT is one of selection rather

than design of embryos, the phrase ‘designer

babies’ is misapplied in the present context; it

implies the specification and choice of character-

istics which parents consider desirable in their

offspring. Requests for TT differ because they are

not motivated by parental whim. The Hashmi and

Whitaker families would far prefer not to have been

in the position of needing to choose an embryo;

they were being driven by a compassionate

response to medical necessity and not by personal

desire.

The reactive nature of the parents’ request for

TT is of a different character from any proactive

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desire to fashion the ‘child of my choice’. This is

the decisive distinction which can be used to fence

off the feared slippery slope. At the bottom of this

slope lies the treatment of children as commodities,

as our objects or projects to be selected for the

genetic traits we would prefer in our offspring. TT

is clearly not that, and it should be possible to

legislate so that TT remains the one and only

allowable instance of the selection of a genetic trait

which is itself incidental to the future health of the

embryo being selected. Thus a case can be made

that TT is not a trivial or capricious use of

embryos nor is it bound to lead to such a use.

The commodification debate raises the more

general question of the limits to parental choice in

the use of embryos. With options about the use of

embryos being delivered into the most consumerist

society in history, we can be grateful that, in the UK

at least, we have regulations policed by the HFEA

and a principle of ‘constrained parental decision

making’ (Ethics Committee (HFEA), 2001, para.

3.11). While space precludes discussion of the

dangers of the unrestrained parental autonomy

advocated by some (e.g. Robertson, 1994; Harris,

2000; Boyle, & Savulescu, 2001), we should note

that if parental rights over embryos were allowed

invariably to take precedence over parental respon-

sibilities to future children, we would have become

market led (for parents are the market) and would

allow embryos no significance compared with par-

ental desire.

Instrumentality

Kant’s dictum that we should treat human beings

‘never simply as a means but always at the same time

as an end’ (Kant, 1964) has been used to oppose

embryo selection for tissue type on the grounds that

it appears to be an unacceptably instrumental use of

human beings. This argument would certainly stand

if the resulting child were abandoned and unloved

once they had made the life-saving donation of stem

cells or if the child were subjected to painful and

invasive procedures against its will for the sake of

another. My previous comments about the love for

children demonstrated by families requesting TT

apply again. Moreover, the stipulation by the HFEA

(2002b) that the intention should be to take only

cord blood from the donor child further diminishes

any appeal to instrumentality in the use of the

resulting child’s body. However, more recently the

HFEA has relaxed this restriction preferring to leave

the question of bone marrow donation to doctors

and patients (HFEA, 2004b, p.3). If the stem cell

transfusion failed and a subsequent request was

made for bone marrow from the donor sibling, the

normal procedures in assessing such donations by

children would apply. Certainly there is no ongoing

obligation imposed on a child by which s/he should

be forced to co-operate indefinitely. Indeed the

HFEA has noted that in these circumstances ‘such

a child would enjoy the same protection as any other

child against medical interventions that are not in

their best interests’ (HFEA, 2001a).

In assessing the possibility of unacceptable in-

strumentality it should also be admitted that children

are born from a wide range of parental motives.

These imply varying degrees of instrumentality with

some appearing more acceptable than others. Such

motives include having a child who will: run the

family business, keep the line going, look after me in

my old age, hold our marriage together, be someone

to share our love with, enable us to enjoy being mum

and dad, be the daughter/son we want to have. As the

theologian Ted Peters comments ‘when it comes to

bringing children into the world. . ... all parents have

mixed motives all of the time’ (T. Peters, personal

communication). Thus, in line with the assertion

that children are to be received as gift, the overriding

need is for the resulting child to be accepted for him/

herself with love. This will be, for Christians, a

necessary yet not sufficient condition for proceeding

because receiving the child with love would not itself

validate the selection of traits in embryos which was

done in a way that commodifies the child-to-be and

distorts the relationship of loving acceptance that

parents-to-be should have for their child.

It could be suggested that selecting a tissue

matched embryo will cause psychological problems

later for the resulting child about his/her only being

wanted because of their tissue type. Yet such

difficulties are far from inevitable because much

depends on how the situation is handled within the

family. Certainly with love, care and the grace of

God, there need be no major problem any more than

there need be in the explanation of other less usual

family circumstances such as adoption.

A case can therefore be made that unacceptable

commodification, instrumentality and psychological

harm are not inherent in the process of TT when

used to provide a donor for an ailing sibling.

However the question can be raised about whether

TT should be allowed for the purpose of providing

donor cells to help not a sibling, but perhaps a sick

parent or other close relation. In such cases it is a

partial HLA match that would be sought as it would

not be possible to achieve a complete HLA-match.

Anver Kuliev has commented that any embryo

inheriting its HLA coding on both copies of its

chromosome 6 from only one parent would be not

only rare but also likely to suffer adverse effects. He

suggests that the necessary partial tissue match to aid

a non-sibling would be much more practically

achieved by searching existing donor registers than

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by selecting a tissue-matched embryo (A. Kuliev,

personal communication). Using the latter method

in these circumstances would go beyond regarding

TT as a last resort. Moreover, part of the evidence

that parents using TT to help an ailing sibling are not

guilty of unacceptable instrumentality or commodi-

fication comes from their demonstration of love for

their children revealed by their strenuous efforts to

save the ailing sibling. Such evidence would be

lacking if the embryo selected as a donor for a non-

sibling were to be a first child. Furthermore, the case

of seeking a donor to help a parent introduces self-

interest as a major factor in selecting the child. The

HFEA originally ruled out TT in order to help a

parent (HFEA, 2002b) on the advice of its Ethics

Committee (2001, para. 3.15) but it is now sounding

more equivocal, suggesting that the matter is more

ethically problematic and needs further considera-

tion (HFEA, 2004b, p. 5). Those who believe as I do

that embryo selection is permissible within a

narrowly defined range of medical purposes which

do not distort the child-parent relationship nor

involve unacceptable instrumentality or commodifi-

cation, will wish to hold the HFEA to its assertion

that TT really is a ‘last resort’ procedure (HFEA,

2004c).

Questioning the distinction made between the

Hashmis and the Whitakers

Under British law, PGD followed by embryo

selection is permitted in order to avoid having a

child suffering from a serious inherited disease of

which the family are at risk. The Hashmi family

were given permission (HFEA, 2001b) not only to

do PGD to ensure that a future child was not

affected by the Beta thalassemia from which their

son, Zain, suffers but also to tissue type the

unaffected embryos with a view to finding a suitable

donor for Zain. In contrast, the Whitakers were

denied TT in the UK (HFEA, 2002b) when seeking

a tissue-matched embryo to serve as a donor for

their son Charlie who suffers from Diamond

Blackfan Anaemia. This refusal was because Char-

lie’s disease cannot be tested for and is probably not

inherited but the result of a spontaneous mutation.

Thus the legal condition of allowing PGD to avoid

serious disease was not applicable. While the denial

of TT to the Whitakers was entirely correct under

HFEA rules at that time, the ethical foundation of

the distinction made by the HFEA between the two

families is open to challenge.

Consider the situation if both the Hashmis and

Whitakers had been given permission to proceed and

had produced, say, 8 IVF embryos suitable for

implantation. Statistically, the Hashmis would dis-

card 2 embryos, the 25% affected by Beta

thalassemia. Of the remaining 6 embryos, there

would on average be 25% with the correct tissue

type to donate to Zain, i.e. probably 1 or 2 tissue

matched embryos. Of the 8 Whitaker embryos, there

would probably be 25%, i.e. 2, tissue matched

embryos. In the cases of both the Hashmi and

Whitaker embryos the same risk from the biopsy

procedure in PGD would have been applied to

‘healthy’, i.e. unaffected embryos and the same

discard would have occurred of 75% of ‘healthy’

but non-tissue-matched embryos.

The HFEA (2001b) ruled that the risk from

performing PGD was acceptable in the Hashmis’

case where disease is being avoided and that TT was

also acceptable. Certainly, from the safety perspec-

tive, TT entails no further risk to the embryo because

the same cell removed for PGD can usually be used

in the TT analysis, though sometimes two cells may

be needed and this could increase the risk of damage

to the embryo.

Moreover, it was suggested (Leather, 2003) that

PGD benefits embryos which are proven to be

unaffected by disease, a benefit not applicable in

the Whitakers’ case. This attribution of benefit to

embryos through doing PGD has been questioned by

Pattinson (2003) and a case can be made that the

chief benefit from doing PGD actually accrues to the

parents in giving them the information they require

to implant an unaffected embryo. If sustainable, this

argument suggests that it is a third party - the parents

- who benefit most from PGD and therefore that the

fact that TT benefits third parties - the parents and

the ailing sibling - is not a novel ethical departure.

The suggestion (Ethics Committee (HFEA), 2001,

para. 3.7) that the embryo/child which ultimately

provides life-saving cells benefits both by saving its

family from a serious bereavement and from enjoying

the sibling whose life it has helped to save has been

assessed as somewhat artificial (Pennings et al.,

2002, p. 537).

Safety issues

Turning to key questions about the safety of PGD, it

is necessary to assess the degree of risk involved in

two particular areas : (i) biopsy damage to the

embryo and (ii) misdiagnosis of disease or of tissue

type.

Biopsy damage to the embryo

Leather (2003) comments that while ‘PGD da-

mages and destroys some embryos’, yet ‘ it seems

safe for those which develop into fetuses and

subsequently into children’. This is a fair conclusion

based on the available evidence from surveys of

obstetric outcome (ESHRE PGD Consortium,

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2002; Ouhibi et al., 2003; ESHRE Task Force,

2003; Strom et al., 2000; Verlinsky et al., 2004).

However, several practitioners and ethicists (e.g.

Flinter, 2001; HFEA/HGC, 2001; Holm, 2000;

Leather, 2003; Winston & Hardy, 2002) note that

although short-term evidence suggests no ill effects

from embryo biopsy, its longer-term effects on child

development are not known and follow-up studies

will be important. I am indebted to Caroline Berry

(C. Berry, personal communication) for emphasis-

ing the urgent need for a full long-term follow-up

study of a large cohort of children born after PGD

in order to provide a proper assessment of the safety

risks posed to child development by PGD. The

ESHRE PGD Consortium plans to seek funding

from the EU for such a follow up project (Sermon

et al., 2004).

Misdiagnosis of disease or of tissue type

The HFEA’s patient information on PGD quotes a

risk of misdiagnosis at around 5% (HFEA, 2002a).

Lewis et al. (2001) report that when only disease

alleles were analysed, there was a 5.8% misdiagnosis

rate of unaffected embryos as affected in the case of a

recessive disease and a corresponding 10.9% error

for a dominant disease. However, when a linked

marker was analysed as well as the disease alleles, the

probability of error in these cases fell to 0.44% and

0.1%, respectively. Interestingly, an attempt to tissue

type embryos after PGD has reported 100% accuracy

in diagnosing the tissue type of all 54 embryos tested

(Van de Velde et al., 2004).

Winston and Hardy’s (2002) comments that, in

PGD, misdiagnosis appears to be a greater risk than

biopsy damage appear to be confirmed by the

available evidence. If this is correct, then we should

note that there are two points of this greater risk in

cases like that of the Hashmis – the possible

misdiagnosis of an affected embryo and the possible

misdiagnosis of tissue match. Yet only this latter

point of greater risk is present in the Whitakers’ case.

Thus, if misdiagnosis is indeed a greater risk than

biopsy damage, then the HFEA allowed the Hashmis

to take greater risks than would the Whitakers.

It has been argued above that embryo selection

considerations do not prohibit the use of TT on

ethical grounds. The HFEA took this view when it

gave permission to the Hashmis to tissue type. If,

in addition, biopsy damage to an embryo (and

subsequent child) is not a major risk in doing

PGD, then it follows that families in both the

Whitakers’ and the Hashmis’ situations should be

treated similarly. This suggests that TT should be

allowed for neither family or for both. The HFEA

Ethics Committee (2001, para. 3.14) argued in

favour of allowing both families to tissue type but

the full HFEA (2001b) did not endorse this

opinion.

Since this article was first submitted, the HFEA

has changed its rules to allow families in the

Whitakers’ position to use TT when there is no

additional need for PGD to avoid disease (HFEA,

2004c). This decision is consonant with the above

argument that no distinction should have been

made between the Hashmis and the Whitakers.

However, given both the lack of public consulta-

tion on the issue and the fact that British law does

not currently legislate on TT, it is perhaps

surprising that either family has yet been allowed

to proceed with TT. Significantly, the Science and

Technology Committee of the House of Commons

(2002) criticised the HFEA for going beyond its

stated intention (HFEA/HGC, 2001) of fuller

deliberation before any permission to tissue type

was granted. Roger Brownsword has provided a

cogent criticism of the Appeal Court’s rationale for

reinstating the Hashmis’ right to pursue TT

(Brownsword, 2004). In exposing the somewhat

thin argument that the HFE Act of 1990 does

allow the HFEA to decide about TT, he also

points out that the judgement contained some

dangerously ambiguous comments about women

being assisted to have children with ‘desired

characteristics’ and about the child’s suitability for

the woman’s purpose (Brownsword, 2004, p. 309,

318). Hopefully the HFEA will be unwilling to rely

on such statements in the judgement which are so

open to misuse and distortion. It has certainly

intimated its support for revision and clarification

of the law in this area (HFEA, 2004a). This is

surely overdue given that PGD was only just being

achieved as the law was passed and TT was not

then possible.

Avoiding the exploitation of desperate couples

In view of the pressing need felt by parents

requesting TT to try and save an ailing sibling, it

is clear that accurate and transparent information

and counselling for parents is vital regarding (a)

the risks of biopsy damage or misdiagnosis in PGD

and TT and (b) the physical, emotional and

financial cost of repeated cycles of treatment with

low likelihood of success. Regarding the latter, the

public consultation document on PGD (HFEA/

ACGT, 1999) noted that in about one third of all

PGD cases only one embryo is diagnosed as

suitable for transfer. This makes repeated IVF

cycles more likely even when PGD is used solely to

avoid disease. This situation is greatly exacerbated

when performing TT as well as PGD as this

reduces by, on average, 75% the already smaller

number of embryos considered for transfer. This

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suggests that couples will need comprehensive

professional support and advice about the heavy

physical and mental demands of undergoing

repeated IVF cycles when both PGD and TT are

attempted. Robert Winston criticised the decision

to allow the Hashmis to do both PGD and TT,

doubting whether it was right for couples to have

their hopes greatly raised by this procedure (BBC

News, 2002). While other comments he has made

suggest that he is not averse to TT per se, the sad

news that the Hashmis had to abandon their hopes

of a tissue-matched embryo after six IVF cycles

indicates that his concern has substance. Winston

and Hardy (2002) warn of the combination of

‘patient desperation, medical hubris and commer-

cial pressures’ which can lead to less than ethical

decision making about the use of reproductive

technology.

Conclusions

Six significant conclusions can be drawn from the

above discussion:

1. A case can be made that TT itself would not

involve unacceptable commodification, instru-

mentality or psychological damage to the

resulting child. Central to this case is the

reactive rather than proactive nature of the

parents’ request for embryo selection, which is

borne of medical necessity and the compassio-

nate parental desire to heal a seriously ill child

rather than parental whim.

2. Questions remain about the safety of PGD, so

that careful attention must be given to the

results of a long-term study on risks to child

development from PGD.

3. If a long term safety study suggests that the risk

of damage from biopsy is within acceptable

limits, the ethical case can be made to allow

families like the Whitakers also to do TT, as in

their cases the procedure involves less risk of

the other possible drawback – misdiagnosis –

than in cases like that of the Hashmis, where

PGD is required in addition to TT.

4. If a long-term safety study suggests that there is

an unacceptable risk of damage from biopsy or

of misdiagnosis, the law on the use of PGD

(either for TT or for the avoidance of disease)

needs to be redrawn accordingly.

5. Parents urgently seeking TT to help an ailing

sibling need careful protection from exploita-

tion of their desperation. This suggests access

to independent but informed counselling about

both the wisdom of continuing with further

stressful and expensive cycles of treatment and

the risks involved from biopsy and misdiagno-

sis.

6. Specific legislation concerning TT is necessary

following informed public debate, as it is

questionable whether it should be allowed

under the present law. Those who believe that

the moral status of the embryo requires our

minimising of embryo selection will argue that

the law must reinforce the HFEA’s stated view

that TT is only ever to be used as a ‘last resort’

procedure.

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The ethics of tissue typing 11

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