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Avant-propos - Studia Moralia

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120 JOHN BERKMAN<br />

embryos are not being given an opportunity to be gestated by a<br />

human mother, they are being exposed to an “absurd fate.” For<br />

such embryos are destined to destruction, either immediately, or<br />

after being used for experimental purposes.<br />

That is the broad context of Donum vitae I, 5. But what of<br />

the reference to the embryos “not transferred into the body of<br />

the mother”? Here the difficulty arises from confusion between<br />

a descriptive declaration and a prescriptive claim. Whereas<br />

some interpret the passage as having a prescriptive intent (i.e.<br />

prohibiting the transfer of embryos), the sentence in fact presumes<br />

that the embryos being discussed are not being (as<br />

opposed to “should not be”) transferred into the body of a<br />

woman. 11 In other words, the point of this section is to assert<br />

that if there is not a human womb to gestate the embryo, there<br />

is no morally licit means by which the embryo can be gestated.<br />

What alternatives to implanting embryos in the wombs of<br />

human mothers does the document have in mind? In the sentence<br />

immediately following the “cannot be licitly pursued” sentence,<br />

DV rejects “attempts or plans for fertilization between<br />

human and animal gametes and the gestation of human<br />

embryos in the uterus[es] of animals, or the hypothesis or project<br />

of constructing artificial uteruses for the human embryo.” 12<br />

10 DV does refer explicitly at two points to issues surrounding the cryopreservation<br />

of human embryos. In the context of a discussion of experimental<br />

manipulations of the embryo, DV condemns the act of freezing<br />

embryos (DV I, 6). DV’s only explicit reference to frozen embryos refers to<br />

those which are not transferred into the genital tracts of the woman and<br />

which are “utiliz[ed] for different purposes to the detriment of their integrity<br />

and life,” i.e. frozen for non-therapeutic experimental purposes (DV, II).<br />

Also, when DV calls for legislation prohibiting “embryo banks” (DV, III), the<br />

embryos being kept in such banks are presumably cryopreserved, and presumably<br />

kept in such banks to be made available for experimental purposes.<br />

11 DV uses the term “mother,” but it is unclear what that term signifies,<br />

for once ET takes place, the woman is a mother or mother-to-be, whether or<br />

not she is also the biological mother, a surrogate mother, a gestational mother,<br />

and/or an adoptive mother.<br />

12 A few sentences later, DV articulates its objection to the cryopreservation<br />

of human embryos. Situated as it is in this particular context, this<br />

objection should not be taken to be a general objection to the cryopreserva-

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