{"status":"ok","message-type":"work","message-version":"1.0.0","message":{"indexed":{"date-parts":[[2023,10,5]],"date-time":"2023-10-05T22:25:53Z","timestamp":1696544753068},"reference-count":60,"publisher":"Cambridge University Press (CUP)","issue":"3","license":[{"start":{"date-parts":[[2021,1,1]],"date-time":"2021-01-01T00:00:00Z","timestamp":1609459200000},"content-version":"unspecified","delay-in-days":8401,"URL":"https:\/\/www.cambridge.org\/core\/terms"}],"content-domain":{"domain":[],"crossmark-restriction":false},"short-container-title":["J. Law. Med. Ethics"],"published-print":{"date-parts":[[1998]]},"abstract":"<jats:p>The February 1997 announcement of the birth of Dolly, the sheep cloned from a mammary cell of an adult ewe, has drawn attention to the growing ability to select, alter, or otherwise manipulate the genome of offspring. Prior to Dolly, ethical discussion of genes in reproduction had focused on negative selection: carrier screening, prenatal diagnosis, and abortion or embryo discard. After Dolly, ethical debate will have to consider the direct or positive use of genetic selection or alteration technology.<\/jats:p><jats:p>The principal use of genetic selection techniques in human reproduction (reprogenetics) likely will be to treat or prevent disease in offspring. In the future, however, such techniques might also be used to enhance or even diminish expected characteristics of progeny. Techniques to accomplish these goals are likely to include: selection of the nuclear genome, as occurs in somatic cell cloning; chromosomal transplants; or direct insertion or deletion of specific genes.<\/jats:p>","DOI":"10.1111\/j.1748-720x.1998.tb01422.x","type":"journal-article","created":{"date-parts":[[2007,6,5]],"date-time":"2007-06-05T12:17:51Z","timestamp":1181045871000},"page":"211-220","source":"Crossref","is-referenced-by-count":5,"title":["Oocyte Cytoplasm Transfers and the Ethics of Germ-Line Intervention"],"prefix":"10.1017","volume":"26","author":[{"given":"John A.","family":"Robertson","sequence":"first","affiliation":[],"role":[{"role":"author","vocabulary":"crossref"}]}],"member":"56","published-online":{"date-parts":[[2021,1,1]]},"reference":[{"key":"S1073110500013073_bib54","unstructured":"54. See Recombinant DNA Committee, supra note 8."},{"key":"S1073110500013073_bib2","doi-asserted-by":"crossref","first-page":"369","DOI":"10.1038\/28615","article-title":"\u201cFull-Term Development of Mice from Enucleated Oocytes Injected with Cumulus Cell Nuclei,\u201d","volume":"394","author":"Wakayama","year":"1998","journal-title":"Nature"},{"key":"S1073110500013073_bib22","unstructured":"22. Although mitochondrial diseases are passed on only by women, they are not X-linked diseases. The genetic defect resides in the mitochondria, not in the X chromosome. It is thus passed on whether or not the resulting child is male or female, though only the daughters of affected women would in turn pass on the disease."},{"key":"S1073110500013073_bib51","volume-title":"Genethics: Moral Issues in the Creation of People","author":"Robertson","year":"1992"},{"key":"S1073110500013073_bib35","unstructured":"35. See Robertson, J.A. , \u201cLegal Uncertainties in Egg Donation,\u201d in Cohen, , ed., supra note 33, at 175\u201387. A few divorcing husbands have argued that they are entitled to sole custody of a child resulting from egg donation because the wife is not the genetic mother, thereby ignoring the agreement or understanding that the couple would undergo egg donation for the purpose of having a child whom they both would rear. The courts have rejected these arguments, as rightly they should. See, for example, McDonald v. McDonald, 196 A.D.2d 7, 608 N.Y.S.2d 477 (1994)."},{"key":"S1073110500013073_bib40","unstructured":"40. Two peer reviewers of this article indicated that reference to a \u201cwetnurse\u201d is offensive to women. I use the term merely to note an additional way in which an aspect of maternal rearing\u2014early physical nurturing\u2014had historically been allocated to other women, and not to comment on its legitimacy or desirability."},{"key":"S1073110500013073_bib25","volume-title":"1995 Assisted Reproductive Technology Success Rates, National Summary and Fertility Clinic Reports, Volume I\u2014Eastern United States","year":"1997"},{"key":"S1073110500013073_bib15","unstructured":"15. In this case, the donation is from a haploid oocyte to a now diploid cell, but only cytoplasm containing mtDNA is transferred."},{"key":"S1073110500013073_bib31","unstructured":"31. A dilemma common in bioethics\u2014the paradox of small numbers\u2014arises here. Because so few persons are directly affected, the risk that the use of oocyte transfers will harm many others is minimized. At the same time, because so few people need to use this technique, denying it to them will cause limited harm. If not for the presence of procreative rights and the costs of enforcing a prohibitory policy, the small numbers involved would support either permission or prohibition of the practice. But see Planned Parenthood v. Casey, 505 U.S. 833, 887 (1992) (noting that the degree of burden, not the numbers affected, explains why Pennsylvania's twenty-four-hour wait for abortions is constitutionally permissible even though the spousal notification requirement, which in practice affects very few women, is unconstitutional)."},{"key":"S1073110500013073_bib28","unstructured":"28. It is possible that some women who are carriers of nuclear genetic diseases would choose to provide the cytoplasm into which the nucleus of donor eggs is transferred to maintain at least some genetic tie with the offspring whom they gestate and rear."},{"key":"S1073110500013073_bib58","unstructured":"58. See Act of Oct. 4, 1997, ch. 688, 1997 Cal. Legis. Serv. 3790 (West) (emphasis added)."},{"key":"S1073110500013073_bib43","unstructured":"43. See Kolata, G. , \u201cYoung Women Offer to Sell Their Eggs to Infertile Couples,\u201d New York Times, Nov. 10, 1991, at A1; and Hoffman, J. , \u201cEgg Donations Meet a Need and Raise Ethical Questions,\u201d New York Times, Jan. 8, 1996, at A1."},{"key":"S1073110500013073_bib11","doi-asserted-by":"publisher","DOI":"10.1016\/S0015-0282(97)90634-8"},{"key":"S1073110500013073_bib30","unstructured":"30. In 1995, 3,352 cycles of egg donation were reported to the U.S. Centers for Disease Control and Prevention. See 1995 Assisted Reproductive Technology Success Rates, note 25, at 35."},{"key":"S1073110500013073_bib20","doi-asserted-by":"crossref","first-page":"316","DOI":"10.1017\/S0963180100006071","article-title":"\u201cGerm-Line Therapy to Cure Mitochondrial Disease: Protocol and Ethics of In Vitro Ovum Nuclear Transplantation,\u201d","volume":"4","author":"Rubenstein","year":"1995","journal-title":"Cambridge Quarterly of Health Care Ethics"},{"key":"S1073110500013073_bib34","unstructured":"34. See Fla. Stat. Ann. \u00a7 742.14 (West 1997); N.D. Cent. Code \u00a7\u00a7 14-18-01 to \u221204 (1994); Okla. Stat. Ann. tit. 10, \u00a7 544 (1991); Tex. Fam. Code Ann. \u00a7 151.102 (West 1997); and Va. Code Ann. \u00a7 20\u2013158 (Michie Supp. 1994)."},{"key":"S1073110500013073_bib14","unstructured":"14. The diploid cell could come from an embryo, a fetus, or any born person. It could also come from a recently dead person. No fertilization is necessary, because the nucleus that is inserted into the enucleated egg cell is already diploid as a result of prior fertilization."},{"key":"S1073110500013073_bib17","unstructured":"17. See NBAC Cloning Report, supra note 5; Robertson, supra note 4; and Robertson, supra note 6."},{"key":"S1073110500013073_bib32","unstructured":"32. I am referring here to the standard case of egg donation as now commonly practiced, in which the recipient woman gestates the resulting embryo, and not to the more unusual situation in which an egg donated to an infertile woman and her husband is then gestated by another woman, as occurred in the much publicized Buzzanca case. See In re Marriage of Buzzanca, 61 Cal. App. 4th 1410, 72 Cal. Rptr. 2d 280 (1998)."},{"key":"S1073110500013073_bib44","unstructured":"44. Sperm donors and embryo donors also reproduce genetically tout court, and ordinarily have no contact with resulting offspring."},{"key":"S1073110500013073_bib16","unstructured":"16. Cloning can also occur by embryo splitting. See Robertson, supra note 4."},{"key":"S1073110500013073_bib23","unstructured":"23. Only the daughter of an affected woman would pass on the mitochondrial mutation to her offspring, because the mutation resides in the cytoplasm of the egg. A son with the mutation would not pass it on to his offspring, for he transfers no mitochondria in his spermatozoa."},{"key":"S1073110500013073_bib9","unstructured":"9. See Robertson, , supr note 6, at 1372\u201373, 1402\u201303. The procedure for answering these questions must also be resolved. At the most general level, international law could deal with the acceptability or nonacceptability of certain techniques. National or federal law or policy could also decide it. Within a given nation, issues of executive, legislative, and judicial authority will arise over genetic selection. Many questions will be studied by commissions, but many will be dealt with by the professionals and couples directly involved. Each decisional level, however, will have to deal with the substantive ethical issues raised by a technique."},{"key":"S1073110500013073_bib56","unstructured":"56. See discussion of the numbers issue supra pp. 215\u201316."},{"key":"S1073110500013073_bib42","first-page":"6S","article-title":"\u201cEthical Considerations of Assisted Reproductive Technologies,\u201d","volume":"70","author":"Kolata","year":"1998","journal-title":"Fertility and Sterility"},{"key":"S1073110500013073_bib13","unstructured":"13. Injection into an unfertilized egg prior to meiosis is ordinarily envisaged, because that is the time at which the addition or substitution of healthy cytoplasm may prevent aneuploidy or other abnormalities from developing. It is thus unlikely that donor cytoplasm would be injected into an already fertilized egg until research shows that the cytoplasm also affected postfertilization development."},{"key":"S1073110500013073_bib50","volume-title":"The Ethics of Human Gene Therapy","author":"Walters","year":"1997"},{"key":"S1073110500013073_bib49","unstructured":"49. See Bonnicksen, supra note 12."},{"key":"S1073110500013073_bib6","first-page":"1371","article-title":"\u201cLiberty, Identity, and Human Cloning,\u201d","volume":"76","author":"Robertson","year":"1998","journal-title":"Texas Law Review"},{"key":"S1073110500013073_bib37","unstructured":"37. See Robertson, supra note 6, at 1425. This is true both in haploid and in diploid egg cell transfers."},{"key":"S1073110500013073_bib55","unstructured":"55. This statement thus rejects Rubenstein et al.'s proposal to have the acceptability of germ-line interventions turn on the precise kind of germ-line intervention. See Rubenstein, supra note 20, at 320."},{"key":"S1073110500013073_bib18","unstructured":"18. Genetic transfers affect the germ-line either because a haploid nucleus is transferred to another egg or because cytoplasm containing mtDNA, which is also part of the germ-line, is injected into a fertilized egg or embryo."},{"key":"S1073110500013073_bib60","unstructured":"60. See Robertson, supra note 6, at 1433\u201339. A similar assessment applies to the legal barriers to oocyte transfer research that arise from state bans on embryo research."},{"key":"S1073110500013073_bib12","doi-asserted-by":"crossref","first-page":"4","DOI":"10.1017\/S073093840002520X","article-title":"\u201cTransplanting Nuclei Between Human Eggs: Implications for Germline Genetics,\u201d","volume":"17","author":"Bonnicksen","year":"1998","journal-title":"Politics and the Life Sciences"},{"key":"S1073110500013073_bib4","first-page":"6","article-title":"\u201cThe Question of Human Cloning,\u201d","volume":"24","author":"Stolberg","year":"1998","journal-title":"Hastings Center Report"},{"key":"S1073110500013073_bib48","unstructured":"48. An important aspect of this disclosure is informing donors of the extent to which medical injuries and lost wages suffered as a result of medical procedures will be covered. Many egg donor programs require that the donor have health insurance. In some cases, the program has bought a health insurance policy for the donor for a limited period. Neither, however, covers lost wages. At the very least, the extent to which there will or will not be coverage in the event of injury must be fully disclosed. See Robertson, supra note 35."},{"key":"S1073110500013073_bib47","unstructured":"47. See National Organ Transplant Act of 1984, \u00a7 301, 42 U.S.C. \u00a7 274e (1994)."},{"key":"S1073110500013073_bib29","unstructured":"29. See generally, Robertson, supra note 3."},{"key":"S1073110500013073_bib46","unstructured":"46. See Calvert v. Johnson, 5 Cal. 4th 84, 19 Cal. Rptr. 2d 494, 851 P.2d 776 (1993). However, some states, such as New York, specifically prohibit payment to surrogates. See N.Y. Dom. Rel. Law \u00a7 123 (McKinney Supp. 1998)."},{"key":"S1073110500013073_bib3","doi-asserted-by":"crossref","first-page":"163","DOI":"10.1515\/9781400821204","volume-title":"Children of Choice: Freedom and the New Reproduction","author":"Robertson","year":"1994"},{"key":"S1073110500013073_bib53","unstructured":"53. This argument appears to say that we should not treat disease in the most effective way now, because the disease gene is being removed from some of the genetic pool. Putting aside the fact that future progeny will not get the disease, the technology that can alter or remove disease genes should be able to replace them if they are ever needed again."},{"key":"S1073110500013073_bib57","unstructured":"57. For discussion of the European situation, see Bonnicksen, supra note 12, at 5\u20136."},{"key":"S1073110500013073_bib39","unstructured":"39. In coital reproduction, the genetic and gestational mother is necessarily the same. In egg donation, the genetic and gestational mothers are different, but one woman provides all the DNA. In nuclear transfer cloning, two different women could be providing DNA, with the source of the nuclear DNA providing more DNA than the source of the mtDNA. If we add rearing, a fourth possible maternal role is created."},{"key":"S1073110500013073_bib33","first-page":"293","volume-title":"New Ways of Making Babies: The Case of Egg Donation","author":"Cohen","year":"1996"},{"key":"S1073110500013073_bib52","unstructured":"52. See, for example, Bonnicksen, supra note 12, at 5\u20136; Universal Declaration on the Human Genome and Human Rights, U.N. GAOR Res. 68, 29th Sess., U.N. Doc. 29 C\/21 (1997) (draft available at <www.unesco.org\/ulis\/gctd.html>); and Council of Europe, supra note 5."},{"key":"S1073110500013073_bib38","unstructured":"38. One is reminded of the rules for determining racial purity in the Jim Crow era and in Nazi Germany. Questions of ritual purity and impurity are also treated at length in the Talmud."},{"key":"S1073110500013073_bib1","first-page":"421","article-title":"\u201cGenetic Selection of Offspring Characteristics,\u201d","volume":"76","author":"Robertson","year":"1996","journal-title":"Boston University Law Review"},{"key":"S1073110500013073_bib19","doi-asserted-by":"crossref","unstructured":"19. See Wallace, D. , \u201cMitochondrial DNA in Aging and Disease,\u201d Scientific American, Aug. (1997): At 40 (reporting that random accumulation of mtDNA could contribute to the common effects of aging\u2014such as loss of memory, hearing, vision, and stamina\u2014as well as more serious disorders that debilitate the elderly).","DOI":"10.1038\/scientificamerican0897-40"},{"key":"S1073110500013073_bib36","unstructured":"36. Even if this were not the case, it does not follow that the donor would then have rearing rights contrary to her donation agreement, for such rights do not exist in full egg donation, where it is clear that the donor is the genetic mother and the recipient ordinarily gestates."},{"key":"S1073110500013073_bib5","volume-title":"Cloning Human Beings: Report and Recommendations of the National Bioethics Advisory Commission","year":"1997"},{"key":"S1073110500013073_bib8","first-page":"69","article-title":"\u201cWrongful Life, Federalism, and Procreative Liberty: A Critique of the NBAC Cloning Report,\u201d","volume":"38","author":"Robertson","year":"1997","journal-title":"Jurimetrics"},{"key":"S1073110500013073_bib24","unstructured":"24. Given the defect in her mtDNA, it is unlikely that injection of donor oocyte cytoplasm into her fertilized oocytes, which would then coexist with her defective mtDNA, would be chosen to deal with this problem."},{"key":"S1073110500013073_bib26","first-page":"629","volume-title":"Fertility and Reproductive Medicine","author":"Zhang","year":"1998"},{"key":"S1073110500013073_bib45","volume-title":"Contested Commodities","author":"Overall","year":"1997"},{"key":"S1073110500013073_bib59","unstructured":"59. See, for example, Mich. S.B. 864 & H.B. 4962 (enacted June 3, 1998); and R.I. H.B. 7123 (enacted July 7, 1998)."},{"key":"S1073110500013073_bib10","unstructured":"10. I use the term cytoplasm transfers even though the procedure may mechanically involve the transfer of the nucleus of the recipient women into an enucleated donor egg. In fact, oocyte transfers may transfer the nucleus or the cytoplasm, with its mitochondrial DNA (mtDNA), from one woman to another; but, ordinarily, only another woman's cytoplasm is donated or used for another woman's reproduction. A case in which the donation of nucleus rather than cytoplasm occurs is discussed infra at p. 125."},{"key":"S1073110500013073_bib21","doi-asserted-by":"crossref","first-page":"1531","DOI":"10.1001\/jama.1996.03530440009003","article-title":"\u201cA Role for Mitochondria in Age-Related Disorders,\u201d","volume":"275","author":"Stephenson","year":"1996","journal-title":"JAMA"},{"key":"S1073110500013073_bib7","unstructured":"7. The NBAC Cloning Report's recommendations recognize the importance of research, but other efforts have been less protective of research. See Robertson, , id. at 1435\u201338 & infra notes 20\u201322 and accompanying text."},{"key":"S1073110500013073_bib27","doi-asserted-by":"crossref","first-page":"186","DOI":"10.1016\/S0140-6736(05)62353-7","article-title":"\u201cBirth of Infant After Transfer of Enucleate Donor Oocyte Cytoplasm into Recipient Eggs,\u201d","volume":"350","author":"Cohen","year":"1997","journal-title":"Lancet"},{"key":"S1073110500013073_bib41","unstructured":"41. If the donation of mtDNA were considered reproductive, then the resulting child would have two genetic mothers, as well as a gestational and social mother. However, this should not change the legal relations among the parties. As in full egg donation, the donor's agreement to relinquish mtDNA should specify that she relinquishes all rearing rights and duties growing out of her mtDNA to the recipient, who takes them on. Because the recipient would provide nuclear DNA and gestation, it is likely that the agreement between her and the donor for her to exercise all rearing rights and duties in resulting children would be upheld. Whether the child should be informed that she has two DNA genetic mothers is another issue. Also to be considered is whether mtDNA has a special role in forensic identification or in the human genome diversity project's use of sampling of mtDNA to trace the evolution of various ethnic populations."}],"container-title":["Journal of Law, Medicine &amp; Ethics"],"original-title":[],"language":"en","link":[{"URL":"https:\/\/api.wiley.com\/onlinelibrary\/tdm\/v1\/articles\/10.1111%2Fj.1748-720X.1998.tb01422.x","content-type":"unspecified","content-version":"vor","intended-application":"text-mining"},{"URL":"http:\/\/journals.sagepub.com\/doi\/pdf\/10.1111\/j.1748-720X.1998.tb01422.x","content-type":"application\/pdf","content-version":"vor","intended-application":"text-mining"},{"URL":"https:\/\/www.cambridge.org\/core\/services\/aop-cambridge-core\/content\/view\/S1073110500013073","content-type":"unspecified","content-version":"vor","intended-application":"similarity-checking"}],"deposited":{"date-parts":[[2023,5,12]],"date-time":"2023-05-12T05:38:25Z","timestamp":1683869905000},"score":1,"resource":{"primary":{"URL":"https:\/\/www.cambridge.org\/core\/product\/identifier\/S1073110500013073\/type\/journal_article"}},"subtitle":[],"short-title":[],"issued":{"date-parts":[[1998]]},"references-count":60,"journal-issue":{"issue":"3","published-print":{"date-parts":[[1998]]}},"alternative-id":["S1073110500013073"],"URL":"https:\/\/doi.org\/10.1111\/j.1748-720x.1998.tb01422.x","relation":{},"ISSN":["1073-1105","1748-720X"],"issn-type":[{"value":"1073-1105","type":"print"},{"value":"1748-720X","type":"electronic"}],"subject":[],"published":{"date-parts":[[1998]]}}}