by NexDev | April 28, 2017 | Uncategorized
A case has been filed with the European Court of Human Rights (ECHR) where the recognition of dual maternity has been refused for 2 individuals of the same sex, in a civil partnership, who “shared the maternity”(1).
The claimants are 2 female homosexuals. Their child was born by IVF with one of the women donating her ovules. The fertilization was performed with an anonymous sperm donor, and the embryo was then implanted in the second woman’s uterus. The surrogacy was performed in Belgium, since this technique is only allowed for infertile male-female couples in Germany.
Under German law, the mother is designated as the one who gives birth to the child. Thus the surrogate mother was recognized as mother, and the “genetic or biological” mother (who donated the ovule) then adopted the child, which entitled her to parental rights, since adoption of a child by a partner of the same sex is allowable.
In fact, both women want to be recognized as being the child’s mothers. The genetic mother requested to be named as “second parent” on the birth certificate, but the German authorities refused. The claimants say the refusal for dual maternity constitutes discrimination based on their sexual orientation and infringes upon their rights and the child’s rights to private family life. So they called upon the ECHR.
The European Centre for Law and Justice (ECLJ) was authorized by the European Court of Human Rights to submit written declarations for the case.
The Centre emphasized that « By not recognizing the dual maternity on the child’s birth certificate which would give the impression that the child was conceived by two women, it [German law] is nevertheless acting in favor of the child’s rights who would suffer a serious injustice as for their legitimate need to know their origins and their right to be raised by their father and mother. Thereby German law respects case law but also the international texts and principles from the Council of Europe regarding filiation.”
The ECLJ also underlines “the serious consequences of this case”.
If Germany is convicted in this case, it would be another step towards permitting surrogacy. The technique used by the claimants qualifies as surrogacy since one woman carried a child in her uterus without being genetically related, and the child was conceived with an ovule from a different woman”.
- F. case and others in Germany
by NexDev | April 27, 2017 | Bioethics, Medically Assisted Procreation
On April 25, 2017, the Committee on Social Affairs at the Parliamentary Assembly of the Council of Europe (PACE) adopted the draft report on the use of new genetic technologies in human beings. The report will now be considered during the next plenary session to be held in Strasbourg from June 26 – 30, 2017.
In 2015, a motion for recommendation entitled “Genetically Engineered Human Beings” was submitted to the Committee on Social Affairs. Belgian Senator, Petra De Sutter (SOC) was named as the rapporteur on March 15, 2016. She presented a highly controversial recommendation on surrogacy which was rejected in 2016.
On November 30, 2016, the title was changed to « The use of new genetic technologies in human beings”. Restricted hearings were held during the Assembly Plenary Session on January 24, 2017.
The Commission recommends a five-step plan from the Parliamentary Assembly to be addressed to the Committee’s ministers:
– to urge member States which have not yet ratified the Oviedo Convention, to do so without further delay, or, as a minimum, to put in place a national ban on pregnancies using germline cells or human embryos having undergone intentional genome editing;
– to encourage a public debate providing accurate information;
– to instruct the Council of Europe Bioethics Committee (DH-BIO) to assess the ethical and legal challenges, in the light of the principles laid down in the Oviedo Convention and the precautionary principle;
– to establish a common regulatory and legal framework;
– to recommend Member States to elaborate clear national positions on the use of new genetic technologies, based on the 4 previous steps, setting clear limits and promoting good practices.
Alliance VITA urges to focus on the genuine issue which is an ethical one, and not only on the technical risks related to genetic engineering of germinal cell lines. Even if the techniques demonstrate improved performance and specificity in the future with a better risk/benefit ratio, the ethical issues will still have to be considered in priority.
The recent births of genetically engineered babies by using the controversial “3-parent IVF” technique is a matter of serious concern. Thus a ban on pregnancy with germline cells or human embryos having undergone intentional genome editing is necessary. Nevertheless some grey areas need to be clarified in June when the Parliamentary Assembly considers this report. Alliance VITA has published an analytical paper to explain the challenges related to human rights and to modifying the human genome.
Alliance VITA will keep a watchful eye on possible interpretations of the Oviedo Convention on Human Rights and Biomedicine as to any attempts at amending this convention, which might result from these discussions.
by NexDev | April 27, 2017 | Medically Assisted Procreation
A research team led by Alan Flake at Children’s Hospital in Philadelphia, has published results using a “sophisticated incubator” device.
Sophisticated incubators have been tested on extremely premature lambs to try to prolong gestation in a liquid environment. The device consists in a “closed circuit” system to limit the risk of infection, and mimics a prenatal amniotic fluid-filled environment. The premature lambs were delivered by C-section at 15 -16 weeks gestation, and then placed in the incubator, composed of a transparent, closed bag. The animals’ umbilical cords are connected to a machinery enabling fluid and gas exchanges (a sort of artificial womb) whereby oxygen levels can also be measured. « Blood flow is driven exclusively by the animal’s fetal heart, which eliminates harmful overpressure. It was a surprise for us to observe the quality of the animals’ physiological response. The fetuses auto-regulate the circulation” explains Emily Partridge, author of the Nature Communications article. Some of the lamb preemies survived and continued to live “ex-utero” for 4 weeks. When the lambs were removed from their protective bags the researchers observed their ability to breathe autonomously, before performing euthanasia to analyze their organs, especially their lungs and brains, since these are the organs which are most affected in cases of extreme prematurity. These organs were in a state equivalent to that of a fetus at the same stage having undergone normal gestation.
This is not the first time this type of experience has been carried out, but it does mark the first time that an external device has been able to maintain vital functions and ensure the animal’s fetal development for such an extended time period.
The initiating researcher explains that the objective is to continue his research to develop an incubator that most closely mimics a womb physiologically, thereby increasing the survival rate in extremely premature babies, and without sequelae. The research scientists estimate the gestational phase of these lambs to be equal to that of 22-24 weeks in human fetuses. Professor Alan Flake states that the next step will consist in adapting the system for premature human babies. According to this fetal surgeon « clinical trials could start within the next 5 years. In the next 10 years, it might become standard practice to place extremely premature babies in an artificial womb for a month, before they are moved to traditional incubators at approximately 28 weeks.”
Blanche Streb, Alliance VITA’s research director states:
« It is complicated, stressful and sometimes hazardous to handle the numerous and complex cases of premature babies in neonatal intensive care units (NICU). An experienced and dedicated staff as well as sophisticated care and equipment are required for the care of these extremely premature babies. Yet it is blatant that the closeness and proximity with their parents is essential for these infants. Thus, commendable efforts have been made to try to improve their comfort, their chance of survival, and give hope of limiting the possible sequelae resulting from prematurity. In this experiment, the lung development of a lamb or of a human is not a sufficient enough criteria to ‘compare’ the progress of human pregnancy to animal gestation. Besides numerous human physiological characteristics, the psychological impact cannot be ignored. This experiment focuses on the last phase of pregnancy, starting from a viable fetal phase. This is a far cry from producing an artificial womb whereby a baby could be taken care of throughout an entire pregnancy. But these studies are heading in that direction and bring up the question of establishing the boundary line between healthcare and therapeutic obstinacy. Research studies to improve care for extremely premature babies could be used for far less noble purposes: “creating an artificial womb”.
According to Henri Atlan, who authored a book on this subject, “this is not an artificial womb in the sense where the entire pregnancy would take place ex- utero. It is rather an improved incubator for extreme premature infants.” In his opinion “we have to be careful of any relentless reproductive obstinacy” and have enough experience with full-grown adult animals before possibly starting human clinical tests.
by NexDev | April 21, 2017 | News
The regional commission in the Netherlands has just published its annual report disclosing the official number of euthanasia cases for 2016. Showing another increase of 10%, the number of cases has tripled since it was decriminalized in 2002.
In 2016, there were 6091 cases reported, representing 575 more than the previous year, or 4% of the total number of deaths in this country. In 216 cases the patient himself administered the lethal dose, (qualified as assisted suicide). In 2002 the Netherlands reported less than 2000 acts of euthanasia, whereas in 2012, there were approximately 4000 reported acts, and again in 2016 another increase of 2000 cases.
The European Institute of Bioethics carried out a thorough analysis of this trend according to the pathology, emphasizing the increase in euthanasia for dementia patients, those suffering from psychiatric problems or multiple pathologies due to old age.
Dutch law specifies that euthanasia requests are only approved in cases of unbearable suffering with no prospect of improvement, and if the patient has “considered the decision thoroughly”. However, in spite of these criteria, euthanasia is practiced on individuals suffering various pathologies, especially psychiatric problems. Because of these abuses, in less than a week’s time, over 350 Dutch doctors have already signed a petition refusing euthanasia for persons with dementia. Last autumn, the Dutch government introduced a draft law to authorize assisted suicide for elderly people who have the feeling of having lived a full and complete life, even if they are perfectly healthy.
For Alliance VITA, the rules implemented in 2002 are regularly subject to interpretation, and one after another, the protective measures are being by-passed. Faced with rising requests for euthanasia, the Dutch people are starting to react. It is shocking and contemptible to present euthanasia as the only solution for individuals in difficulty.
Several opposing parties have criticized the draft law, worrying that such a text would “put pressure on other elderly individuals into feeling like a burden on society”. Others in the Netherlands have voiced the same concern for « those who are vulnerable, alone and desperate”. Dutch University Professor Theo de Boer, completely changed his original position and has become one of the most vocal critics of the euthanasia law. He now criticizes the growing number of assisted suicide cases in the Netherlands and also regrets the fact that euthanasia is extended to other categories of patients, including those with dementia or depression. « Legalizing assisted suicide is a slippery slope towards systematically practicing murder on sick people”.
Recall in 2009, the UN Human Rights Committee strongly urged the Netherlands to revise their law on euthanasia and assisted suicide in view of the high number of euthanasia cases.
by NexDev | April 21, 2017 | Prenatal diagnosis
On April 20, 2017, the Limoges Hospital was convicted for not having diagnosed Down syndrome in a baby girl prior to her birth in 2010.
The parents of baby girl Maylis, who has Down syndrome, have been attempting for several years to press charges against the hospital. They accuse the doctor of not having diagnosed their child’s disability prior to birth, as mentioned in the hearing last March 30.
The court judged that the mother did not have the opportunity “to choose an abortion” neither to “prepare for the birth of a baby with Down’s syndrome”. The medical center is being fined to pay 50,000€ to the mother and 30,000€ to the father.
Dr. Xavier Mirabel, Alliance VITA’s Medical Advisor:
The justice system thus approves a requirement for successful prenatal selection to diagnose babies who are not perfect. As I already underlined after the hearing on March 30: isn’t it shocking that, under the assumption that a disability could have been detected in-utero, which could have led to an abortion, these families receive more aid than those with children having disabilities which were not diagnosed before birth? As far as « losing the opportunity to abort », how can this not be interpreted as an extremely violent declaration?
