The previous chapter located human cloning in its larger human context. This
chapter provides a brief history of human cloning, both as a scientific
matter and as a subject of public discussion, debate, and legislation.1
Although we present only selected highlights, rather than a comprehensive
account, we seek to enable the reader to place the present debate about
cloning and this report into their proper historical setting. Until recently,
all discussion of human cloning concentrated exclusively on the prospect
of clonal reproduction, the production of individuals genetically virtually
identical to previously existing ones. Our historical account here reflects
that emphasis. Yet we will also consider the emerging interest in cloning-for-biomedical-research,
a prospect connected to the recent isolation of embryonic stem cells and
their potential for the understanding and treatment of human disease and
disability.
Scientific Milestones
As a scientific and technical possibility, human cloning has emerged as an outgrowth of discoveries or innovations in developmental biology, genetics, assisted reproductive technologies, animal breeding, and, most recently, research on embryonic stem cells. Assisted reproductive techniques in humans accomplished the in vitro fertilization of a human egg, yielding a zygote and developing embryo that could be successfully implanted into a woman's uterus to give rise to a live-born child. Animal breeders developed and refined these techniques with a view to perpetuating particularly valuable animals and maintaining laboriously identified genomes. Most recently, the isolation of embryonic stem cells and their subsequent in vitro differentiation into many different cell types have opened up possibilities for repairing and replacing diseased or nonfunctioning tissue, and thus possible research uses for cloned human embryos.
The German embryologist Hans Spemann conducted what many consider to be the
earliest "cloning" experiments on animals. Spemann was interested in answering
a fundamental question of biological development: does each differentiated
cell retain the full complement of genetic information present initially
in the zygote? In the late 1920s, he tied off part of a cell containing
the nucleus from a salamander embryo at the sixteen-cell stage and allowed
the single cell to divide, showing that the nucleus of that early embryo
could, in effect, "start over." In a 1938 book, Embryonic Development
and Induction, Spemann wondered whether more completely differentiated
cells had the same capacity and speculated about the possibility of transferring
the nucleus from a differentiated cell taken from either a later-stage
embryo or an adult organism into an enucleated egg. As he explained
it: "Decisive information about this question may perhaps be afforded
by an experiment which appears, at first sight, to be somewhat fantastical.
This experiment might possibly show that even nuclei of differentiated
cells can initiate normal development in the egg protoplasms." 2
But Spemann did not know how to conduct such an experiment.
The birth of Louise Brown in 1978, the first baby conceived through in vitro
fertilization (IVF), was also an important milestone, because it demonstrated
that human birth was possible from eggs that were fertilized outside the
body and then implanted into the womb. As for the possibility of cloning
animals from adult cells especially mammals the work in the
intervening years focused largely on the reprogramming of gene expression
in somatic cells, the transfer of nuclei taken from embryos in mammals
(beginning with mice in the 1980s), and finally the work of Ian Wilmut
and his colleagues at the Roslin Institute with adult nuclei, which led
to the birth of Dolly on July 5, 1996. Since then, similar success has
been achieved in cloning other mammalian species, including cattle, goats,
pigs, mice, cats, and rabbits (see Chapter
Four).
The animal cloners did not set out to develop techniques for cloning humans.
Wilmut's goal was to replicate or perpetuate animals carrying a valuable
genome (for example, sheep that had been genetically modified to produce
medically valuable proteins in their milk). Others, such as the cloners
of the kitten CC, were interested in commercial ventures for the cloning
of pets.6
Yet the techniques developed in animals have encouraged a small number
of infertility therapists to contemplate and explore efforts to clone
human children. And, following the announcement in 1998 by James Thomson
and his associates of their isolation of human embryonic stem cells, there
emerged an interest in cloned human embryos, not for reproductive uses
but as a powerful tool for research into the nature and treatment of human
disease.
Human Cloning from Popular Literature
to Public Policy:
From Brave New
World to the Birth of Dolly
Technological novelties are often imagined and discussed in literature, especially in science fiction, before they are likely or even possible in practice. This has certainly been the case with human cloning, whose place in the popular imagination precedes the earliest successful animal cloning experiments. Perhaps the most famous early modern account of human cloning is Aldous Huxley's Brave New World (1932), where natural human procreation has become a thing of the past, and where babies are produced in identical batches through "Bokanovsky's Process." As the novelist tells it:
In the late 1960s, following John Gurdon's successful cloning experiments,
a more focused debate on both the likelihood and the ethical and social
implications of human cloning began among scientists, theologians, and
ethicists. At this time, the still hypothetical possibility of cloning
humans was considered as a part of a broader eugenic project to improve
the genetic stock of humans as a species. In a famous article published
in The American Naturalist in 1966, entitled "Experimental Genetics
and Human Evolution," Nobel laureate biologist Joshua Lederberg described
what he took to be the prospects of "clonal reproduction." "Experimentally,"
he wrote, "we know of successful nuclear transplantation from diploid
somatic as well as germline cells into enucleated amphibian eggs. There
is nothing to suggest any particular difficulty about accomplishing this
in mammals or man, though it will rightly be admired as a technical tour-de-force
when it is first implemented." He also predicted "there will be little
delay between demonstration and use."8
In the end, Lederberg argued that "tempered clonality" a mix of clonal
and sexual reproduction might, at least from a biological standpoint,
"allow the best of both worlds we would at least enjoy being able
to observe the experiment of discovering whether a second Einstein would
outdo the first one." Nevertheless, he acknowledged the possibility for
"social frictions" and ethical dilemmas that might result from clonal
reproduction including whether "anyone could conscientiously risk
the crucial experiment, the first attempt to clone a man." He suggested
that the "mingling of individual human chromosomes with other mammals
assures a gradualistic enlargement of the field and lowers the threshold
of optimism or arrogance, particularly if cloning in other mammals gives
incompletely predictable results." And he feared that social policy might
become based on "the accidents of the first advertised examples" rather
than "well-debated principles." 10
The debate over human cloning and genetic manipulation continued in the
early 1970s. The Nobel laureate geneticist James D. Watson testified before
Congress in 1971 on the subject of human cloning. He described the science
that was taking us there, including John Gurdon's success in cloning frogs
and the work of R. G. Edwards and P. S. Steptoe "in working out the conditions
for routine test-tube conception of human eggs."13
"Human embryological development," Watson observed, "need no longer be
a process shrouded in secrecy. It can become instead an event wide-open
to a variety of experimental manipulations." Watson called for the creation
of national and international committees to promote "wide-ranging discussion
. at the informal as well as formal legislative level, about the manifold
problems which are bound to arise if test-tube conception becomes a common
occurrence." 14
"This is a decision not for the scientists at all," he said. "It is a
decision of the general public do you want this or not?" and something
that "if we do not think about it now, the possibility of our having a
free choice will one day suddenly be gone."15
In 1972, Willard Gaylin, a psychiatrist and co-founder of the newly formed
Institute of Society, Ethics, and the Life Sciences (later called the
Hastings Center), made James Watson's warnings about cloning even more
dramatic with a New York Times Magazine article titled
"The Frankenstein Myth Becomes a Reality We Have the Awful Knowledge
to Make Exact Copies of Human Beings." Gaylin hoped that the prospect
of human cloning would awaken the public and the scientific community
to the larger ethical implications of the life sciences.16
The same year, biologist and ethicist Leon R. Kass published an essay
in The Public Interest called "Making Babies The New Biology
and the 'Old' Morality," which addressed the prospect of both in vitro
fertilization and human cloning, and wondered whether "by tampering with
and confounding [our] origins, we are involved in nothing less than creating
a new conception of what it means to be human."17
In stark contrast to Gaylin and Kass, ethicist Joseph Fletcher argued
that human cloning would not be dehumanizing at all, but would, in a number
of circumstances, serve the good of both society and individuals. In his
1974 book The Ethics of Genetic Control: Ending Reproductive Roulette,
he argued that "Good reasons in general for cloning are that it avoids
genetic diseases, bypasses sterility, predetermines an individual's gender,
and preserves family likenesses. It wastes time to argue over whether
we should do it or not; the real moral question is when and why."18
For Fletcher unlike Ramsey, Gaylin, and Kass genetic control
would serve the human end of self-mastery and self-improvement, it would
improve the quality of life for individuals, and it would aid the progress
of the human species. Gunther Stent, a molecular biologist at the University
of California at Berkeley, echoed this view that human cloning would contribute
to human perfection. As he wrote in a 1974 article in Nature: "To oppose
human cloning . . . is to betray the Western dream of the City of God.
All utopian visionaries, from Thomas More to Karl Marx, think of their
perfect societies as being populated not by men but by angels that embody
all of the best and none of the worst human attributes." 19
With cloning, he suggested, such a city might one day be possible.
For several years, cloning remained a topic for fiction and philosophy,
but fantasy had yet to turn into fact. In 1978, in a book titled In
His Image: The Cloning of a Man, science writer David Rorvik claimed
that he was involved in a secret project to clone a millionaire in Montana
named "Max."20
The book caused a flurry of reaction ranging from horror to amusement
to nearly universal skepticism and denunciation in the scientific community
and eventually led to hearings before Congress on May 31, 1978.
Robert Briggs, who with Thomas King cloned the first frog embryo from
blastula frog cells in 1952, declared that the work in frogs demonstrated
not that human cloning is now or imminently possible, but that "cloning
in man or any other animal is not just a technical problem to be solved
soon but may, in fact, never occur."21
James Watson, who just a few years earlier had urged a national conversation
and possible legislation on human cloning because of the rapid advances
in the science, declared that we would "certainly not [see the cloning
of a man] in any of our lifetimes. I wouldn't be able to predict when
we might see the cloning of a mouse, much less a man."22
Rorvik eventually admitted that the book was a hoax.
In the years that followed, claims and counter-claims of scientific advances
in mammalian cloning including the controversy beginning in 1981
over whether any of several independent laboratories had actually cloned
mice prompted more public reaction and discussion about the issue.
But there was no sustained or widespread public interest, and cloning
lost its prominent place within the bioethics literature. The President's
Bioethics Commission, in its 1982 report Splicing Life, briefly
discussed human cloning as well as IVF, but held that both were beyond
the scope of that report because they could be considered reproductive
technologies that did not necessarily involve modifying the genome (pp.
9-10). With regard to human cloning in particular, the report added that
the possibility had received a good deal of public attention and it was
therefore important to emphasize that even if it ever did become possible
in humans, it would not result in an identical being.23
The National Institutes of Health Human Embryo Research Panel, which issued
a report in 1994 on federal funding for research involving preimplantation
human embryos, deemed research involving nuclear transplantation, without
transfer of the resulting cloned embryo to a uterus, as one type of research
that was acceptable for federal support. The report noted that the majority
on this point was narrow, with nearly as many panel members concluding
that the ethical implications of nuclear transplantation should be studied
further before any such research could be acceptable for federal funding
(Exec. Summ., p. xvii). In its discussion of cloning techniques, the panel
noted that many different procedures are all called "cloning," and said
in a footnote, "Popular notions of cloning derive from science fiction
books and films that have more to do with cultural fantasies than actual
scientific experiments." 24
Of course, there had been, in the meantime, continued scientific work in nuclear transplantation in animals including mammals. And with the 1997 announcement of the cloning of Dolly, the prospect of human cloning once again became a prominent issue in public discussion, debate, and public life.
The Human Cloning Debate:
From Dolly to the Present
In late February 1997, Ian Wilmut and his team at the Roslin Institute in Scotland
announced that they had, by means of somatic cell nuclear transfer, successfully
cloned the first mammal from an adult somatic cell Dolly the sheep.
President Bill Clinton and British Prime Minister Tony Blair immediately
denounced any attempts to clone a human being, and the President asked
his National Bioethics Advisory Commission (NBAC) to report within ninety
days on the scientific, ethical, and legal questions surrounding the prospect
of human cloning. Congress likewise held a series of hearings the
first one on March 12, 1997. A widespread though not universal
consensus emerged that attempts to clone a human being would at present
be irresponsible and immoral. As Wilmut explained before Congress, "Our
own experiments to clone sheep from adult mammary cells required us to
produce 277 'reconstructed' embryos. Of these, twenty-nine were implanted
into recipient ewes, and only one developed into a live lamb. In previous
work with cells from embryos, three out of five lambs died soon after
birth and showed developmental abnormalities. Similar experiments with
humans would be totally unacceptable." 25
Most ethicists agreed, though for different reasons. All agreed that
cloning attempts on human beings "at this time" would be reckless experiments
on the child-to-be and therefore totally unjustified. Many stressed, as
Ramsey, Gaylin, and Kass had done in the 1970s, that human cloning would
undermine the human meaning of parenthood and identity; that it would
mean a giant step toward genetic engineering, creating the first children
whose genetic predisposition was known and selected in advance; and that
it would turn procreation increasingly into a form of manufacture.26
In contrast, some bioethicists, including John Robertson and Ruth Macklin,
believed that human cloning presented no inherent threat to public or
private morality, that government had no legal authority or justification
for banning clonal reproduction, and that it must be judged in terms of
its particular uses, not dismissed outright.27
In June 1997, NBAC released its report Cloning Human Beings, which concluded that
NBAC also pointed to other moral concerns "beyond the issue of the safety of
the procedure," including "the potential psychological harms to children
and effects on the moral, religious, and cultural values of society" that
"merit further discussion." NBAC recommended a three-to-five-year federal
moratorium on human cloning stating that the consensus came from
the fact that the technique was not yet safe to be revisited and
reevaluated after that time. "Whether upon such further deliberation our
nation will conclude that the use of cloning techniques to create children
should be allowed or permanently banned is, for the moment, an open question."
29
In early 1998, the United States Senate considered legislation, proposed by Republican Senators Christopher Bond of Missouri, Bill Frist of Tennessee, and Judd Gregg of New Hampshire, to ban all human cloning permanently. Nearly all senators denounced clonal reproduction, but many believed that the proposed ban, which would have made it illegal to create human embryos by means of somatic cell nuclear transfer, would undermine potentially valuable scientific research. Democratic Senators Edward Kennedy of Massachusetts and Tom Harkin of Iowa led the opposition, with the widespread support of patient advocacy groups, scientific and medical organizations, and the biotechnology industry. As Senator Kennedy put it:
Every scientist in America understands the threat this legislation
poses to critical medical research. Every American should understand it,
too. . . . Congress can and should act to ban cloning of human beings
during this session. But it should not act in haste, and it should not
pass legislation that goes far beyond what the American people want or
what the scientific and medical community understands is necessary or
appropriate.30
The legislation died after heated debate, and the concern over human cloning temporarily lost urgency and subsided.
In November 1998, a new scientific discovery was unveiled that would soon provoke a different public policy debate, one that would become entangled with the ethical and social questions surrounding human cloning. James Thomson and John Gearhart separately announced the isolation of human embryonic stem cells multipotent cells (see Glossary of Terms) derived from human embryos that they believed hold great promise for curing or treating many diseases and injuries. The discovery led to another wave of hearings on, and interest in, the ethics of biological science. It also renewed debate over whether embryo research should be eligible for public funding (since 1996, Congress had prohibited federal funding of research involving the destruction of human embryos). One subject under consideration was the possible future use of cloned human embryos for stem cell research, which some scientists believed might be uniquely useful for understanding embryological development and genetic disease and for possible use in stem cell therapies.
In August 2000 after another NBAC study President Clinton announced new guidelines that would have altered the ban on federal funding of embryo research. The new guidelines, proposed by the National Institutes of Health, stipulated that the agency would fund research on embryonic stem cells so long as public funds were not used to destroy the embryos, the embryos were left over from IVF clinics, and donors of the embryos consented to the research.
In early 2001, President George W. Bush announced that he would review
these guidelines rather than implement them immediately.2
Around the same time, a number of pro-cloning groups and fertility doctors
including the Raelians, who believe that humans are the products
of cloning by aliens announced their intention to clone human beings
by the end of the year. Other individuals and scientific organizations
worked to protect possible cloning research from future restrictions,
though some scientists (such as Rudolf Jaenisch and Ian Wilmut31
) publicly argued against cloning-to-produce-children. A flurry of hearings
on human cloning soon followed the first one in the House of Representatives
on March 28, 2001, and continuing in both the House and the Senate throughout
the summer. The hearings addressed cloning-to-produce-children as well
as issues related to cloning-for-biomedical-research.
Two general approaches to banning human cloning emerged. The first approach, proposed in a bill sponsored by Republican Representative David Weldon of Florida and Democratic Representative Bart Stupak of Michigan in the House, and Republican Senator Sam Brownback of Kansas and Democratic Senator Mary Landrieu of Louisiana in the Senate, called for a ban on all human cloning, including the creation of cloned embryos for biomedical research. The second approach, proposed in a bill sponsored by Republican Senators Arlen Specter of Pennsylvania and Orrin Hatch of Utah and Democratic Senators Diane Feinstein of California and Edward Kennedy of Massachusetts, sought to prohibit human reproductive cloning, while allowing the use of cloning technology to produce stem cells, by making it illegal to implant or attempt to implant cloned human embryos "into a uterus or the functional equivalent of a uterus."
On July 31, 2001, the House of Representatives passed the Weldon Stupak bill (the ban on all human cloning) by a vote of 265 to 162. In November 2001, scientists at Advanced Cell Technology, Inc., of Worcester, Massachusetts, one of the leading commercial advocates of cloning-for-biomedical-research, reported what they claimed were the first cloned human embryos. The announcement along with continued debate on the possible use of cloned human embryos for stem cell research left the issue in the United States Senate, where it stands as of this writing.
In addition to activity at the federal level, many states have been active.
As of this writing, twenty-two states have considered various policy alternatives
on cloning, and six have passed legislation.3
Several nations, including Denmark, France, Norway, Spain, and Canada have passed or sought either partial or total bans. For example, in the United Kingdom, cloning-to-produce-children is forbidden but cloned embryos up to fourteen days old may be used in biomedical research. In Germany, all human cloning is forbidden by law. There are also efforts now at the United Nations and other international organizations to pass a world-wide ban on human cloning with many of the same disagreements internationally as there are nationally about what kind of ban to pass.
ENDNOTES
- Since the birth of Dolly, several volumes on the history and significance
of cloning have been published, including Kolata, G., Clone: The
Road to Dolly and the Path Ahead, New York: Morrow and Company,
1998, and National Bioethics Advisory Commission [NBAC], Cloning
Human Beings, Bethesda, MD: Government Printing Office, 1997. In
addition, several valuable anthologies have been edited, including Kristol,
W., and E. Cohen , The Future is Now, Lanham, MD: Rowman and
Littlefield, 2002, and Nussbaum, M., and C.R. Sunstein, Clones and
Clones, New York: Norton, 1998. Back
to Text
- See Spemann, H., Embryonic Development and Induction (New Haven,
CT: Yale University Press, 1938). As quoted in Kolata, G., Clone:
The Road to Dolly and the Path Ahead (New York: Morrow and Company,
1998), p. 61. Back
to Text
- Briggs, R., and T. J. King, "Transplantation of living nuclei from blastula
cells into enucleated frog's eggs," Proceedings of the National
Academy of Sciences (USA) 38: 455-463, 1952. Back
to Text
- Gurdon, J. B., "The developmental capacity of nuclei taken from intestinal
epithelium cells of feeding tadpoles," Journal of Embryology and
Experimental Morphology 10, 622-640, 1962. Back
to Text
- A fact also noted by NBAC in Cloning Human Beings, p. 18. Back
to Text
- Regalado, A., "Only Nine Lives for Kitty? Not if She Is Cloned," Wall
Street Journal, February 14, 2002, p. B1. Kluger, J., "Here Kitty
Kitty!" Time, February 17, 2002. Back
to Text
- Huxley, Aldous., Brave New World (New York: Harper Perennial, 1998),
p. 6-7. Originally published by Harper & Brothers, 1932. Back
to Text
- Lederberg, J., "Experimental Genetics and Human Evolution," The American
Naturalist, September-October 1966, Vol. 100, No. 915, pp. 527.
Back to
Text
- Ibid, p. 531, 527, 528. Back
to Top
- Ibid, p. 528, 529, 531. Back
to Top
- Ramsey, P., Fabricated Man: The Ethics of Genetic Control (New Haven,
CT: Yale University Press, 1970), p. 89. Back
to Text
- Ibid, p. 95. Back
to Text
- Watson, J., "Moving Toward the Clonal Man," The Atlantic Monthly,
May 1971, p. 51. (This article is a slightly modified version of Watson's
congressional testimony.) Back
to Text
- Ibid, p. 51, 53. Back
to Text
- Proceedings before the Committee on Science and Astronautics, U. S. House
of Representatives, Ninety-Second Congress, January 26, 27, and 28,
1971, p. 344. Back
to Text
- Gaylin, W., "The Frankenstein Myth Becomes a Reality-We Have the Awful Knowledge
to Make Exact Copies of Human Beings," The New York Times Magazine,
March 5, 1972, p. 12ff. Back
to Text
- Kass, L., "Making Babies-the New Biology and the 'Old' Morality," The
Public Interest, Winter 1972, Number 26, p. 23. Back
to Text
- Fletcher, J., The Ethics of Genetic Control: Ending Reproductive Roulette
(New York: Anchor Books, 1974), p. 154. Back
to Text
- Stent, G., "Molecular Biology and Metaphysics," Nature, Vol. 248,
No. 5451, April 26, 1974, p. 781. As quoted in Kolata op. cit., p. 92.
Back to
Text
- Rorvik, D. M., In His Image: The Cloning of a Man (New York: J. B. Lippincott,
1978). Back
to Text
- As quoted in Kolata, op. cit., p. 103. Back
to Text
- Interview by C. P. Anderson, "In His Own Words: Nobel Laureate James Watson
Calls Report of Cloning People 'Science Fiction Silliness,'" People,
April 17, 1978, pp. 93-95. As quoted in Kolata, op. cit., p. 104. Back
to Text
- President's Commission for the Study of Ethical Problems in Medicine and Biomedical
and Behavioral Research, Splicing Life: A Report on the Social and
Ethical Issues of Genetic Engineering with Human Beings, November
1982. Back
to Text
- National Institutes of Health, Ad Hoc Group of Consultants to the Advisory
Committee to the Director, Report of the Human Embryo Research Panel,
September 1994, p. 28. Back
to Text
- Hearing before the Subcommittee on Public Health and Safety of the Committee
on Labor and Human Resources, United States Senate, March 12, 1997.
p. 22. Back
to Text
- See, for example, Kass, L., "The Wisdom of Repugnance," The New Republic,
June 2, 1997, pp. 17-26, and "Preventing a Brave New World, The
New Republic, May 21, 2001, pp. 30-39. Back
to Text
- Robertson, J.A., "A Ban on Cloning and Cloning Research Is Unjustified," testimony
before the National Bioethics Advisory Commission, March 14, 1997. Macklin,
R., testimony before NBAC, March 14, 1997. Back
to Text
- NBAC, Cloning Human Beings, 1997, pp. ii-iii. Back
to Text
- Ibid, p. iii. Back
to Text
- Congressional Record, February 9, 1998, pp. S513-514. Back
to Text
- Jaenisch, R., and I. Wilmut, "Don't clone humans!" Science 291: 5513,
March 30, 2001. Back
to Text
- Saad, L. "Cloning Humans Is a Turn-Off to Most Americans" Gallup Poll
Analyses, May 16, 2002. Back
to Text
_____________________
- Homozygous segregant: an individual carrying two copies of the same
mutant gene, one inherited from each parent, and thus destined to suffer
from a genetic disease. Back
to Text
- On August 9, 2001, President Bush announced his new policy: federal funding
would be made available for research using only those human embryonic
stem cell lines that were already in existence (that is, lines that
had been derived prior to that date). Back
to Text
- As of June 2002 three states (Iowa, Michigan, and Virginia) ban both cloning-to-produce-children
and cloning-for-biomedical-research. Two states (Louisiana and Rhode
Island) ban cloning-to-produce-children, but also have embryo-research
laws that appear to prohibit cloning-for-biomedical-research. One state
(California) has banned cloning-to-produce-children, until Dec. 31,
2002, but has no embryo-research law and thus effectively permits cloning-for-biomedical-research.
Back to
Text