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2 J. Health & Biomedical L. 33 (2006)
Embryos, Fetuses, and Babies: Treated as Persons and Treated with Respect

handle is hein.journals/jhbio2 and id is 49 raw text is: Journal of Health & Biomedical Law, Vol. H No. 1 (2006): 33-67
© 2006 Journal of Health & Biomedical Law
Suffolk Universiy Law School
Embryos, Fetuses, and Babies: Treated as Persons
and Treated with Respect
By Robert L. Stenger*
I. Introduction
The impact of recent advances in medical science and technology upon
traditional moral and legal understandings of human existence is perhaps nowhere more
dramatic than in developments affecting human reproduction. Late twentieth century
developments in assisted reproduction, which offer opportunities for influencing the
very origins of individual human life, are comparable to the mid-twentieth century
developments in physics, which offered opportunities to manipulate atomic structure.
As nuclear physicists and political leaders suddenly had the awesome power of the atom
at their disposal, so now scientists raise the possibility of control not only of individual
humans but of the human genome itself.
The President's Council on Bioethics recognized what was at stake in its March,
2004 report, Reproduction and Reiponsibilioy. On the one hand, capacities emerging from
the confluence of reproductive biology, developmental biology and human genetics
offer a growing capacity to control the beginnings of human life, especially ex vivo
(outside the body). On the other hand:
biologically speaking, human procreation represents life's answer to
mortality, perpetuating the human species despite the perishability of
every one of its members.... Humanly speaking, because these deep
Professor of Law, Louis D. Brandeis School of Law, University of Louisville. Professor Stenger
is a member of the Human Studies Committee (the Institutional Review Board for University of
Louisville Hospital) and of the Hospital Ethics Committee. Professor Stenger also serves on the
Matrimonial Tribunal of the Roman Catholic Archdiocese of Louisville.