Avant-propos - Studia Moralia
Avant-propos - Studia Moralia Avant-propos - Studia Moralia
132 JOHN BERKMAN Thus, according to Surtees, those who choose to undergo the IVF-ET treatment are enmeshed in an irresolvable moral difficulty. Once a couple commissions the embryos, there is no moral choice they can make with regard to the leftover embryos. While I will challenge shortly the conclusions drawn in the above quoted passage, Surtees does draw out some seemingly logical conclusions in a very puzzling situation. On the logic of the Catholic tradition discussed thus far, it has been noted that it is wrong in principle for a couple to commission the creation of embryos (using either their own gametes or donor gametes) through IVF. Thus, according to Catholic teaching, there would seem to be no situation in which a couple could intend a process by which they would have embryos which are their genetic children implanted in the womb of the woman. On the other hand, the adoption of embryos that are unrelated to the couple has not been ruled out as wrong in principle. If this is indeed the case, it produces the rather odd consequence that Catholic teaching seems to allow ET which separates genetic parenthood from gestational and “raising” parenthood, but prohibits ET that would maintain the bond between genetic, gestational, and “raising” parenthood. Now it can be argued that the situation about which Surtees is arguing is not in fact a case of embryo adoption, as a couple cannot “adopt” their own biological children. Rather, it is about the morality of implanting too many embryos, or relinquishing one’s embryos for adoption, or freezing one’s embryos. While this is true, Surtees’ example sheds light on issues relevant to the question of the morality of embryo adoption that is at the heart of this essay. Central to Surtees’ response to this question is his interpretation of the “cannot be licitly pursued” sentence in Donum vitae which has been extensively discussed in section one of this paper. According to Surtees, this sentence is directed towards “persons who have freely adopted by choice the intelligible, though illicit, proposal of artificial reproduction.” 32 Unfor- 32 See Surtees (1996), 8. He completes that sentence by adding “and, hence, not at those who would wish to “rescue” these embryos through adoption.”
THE MORALITY OF ADOPTING FROZEN EMBRYOS 133 tunately, Surtees also fails to note adequately the context of that sentence in DV and mistakenly takes it to be directed towards couples who seek a pregnancy through “artificial procreation.” However, this section is in fact directed to researchers, and the issue of the morality of artificial procreation will not be raised until the following section of DV. 33 As can be seen from the quote above, Surtees believes that a couple who have commissioned the creation of more embryos than can be implanted in the uterus of the woman at the time of their creation are in a position where there is no morally acceptable solution. This is because neither of the two alternatives to their immediate implantation is, according to Surtees, morally acceptable. It is not permissible either to give them up for adoption or to cryopreserve them for future implantation. Let us first examine Surtees’s claim regarding the impermissibility of cryopreservation. He claims that the couple cannot choose to cryopreserve an excess embryo because an embryo has a right to be gestated, and freezing the spare embryo consigns it to “the ‘absurd fate’ of spending all the rest of his existence confined in deep freeze, all the while susceptible to experimentation and further inhumane treatment.” 34 However, while 33 The first mention of artificial procreation comes in the opening lines of Part 2 of DV, which is entitled “Interventions upon Human Procreation.” The term “artificial procreation” is the term used by DV to refer to the combination of the fertilization of an ovum in a test-tube (i.e. in vitro) along with the transfer of the fertilized ovum (i.e. the embryo) in utero, all of which is done for the purpose of human procreation other than via the sexual union of man and woman. Surtees uses a different term – “artificial reproduction” – and while that term is ambiguous in that it could be a reference merely to artificial conception, Surtees clearly has in mind what DV calls artificial procreation, as is evident from the sentences that follow. Furthermore, Surtees also seems to overlook the descriptive thrust of DV I, 5, and is thus, like Smith, confused as to what DV means by “spare” embryos. Whereas DV is referring to those embryos which are destined never to find a human womb for a home, Surtees thinks “spare” simply refers to those embryos which are not implanted in what is typically referred to as the “first” cycle or round of IVF treatment 34 Surtees (1996), 8. Note the oddity of this claim by Surtees, which he derives from DV I, 6. One could simply say that the cryopreservation will
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132 JOHN BERKMAN<br />
Thus, according to Surtees, those who choose to undergo<br />
the IVF-ET treatment are enmeshed in an irresolvable moral difficulty.<br />
Once a couple commissions the embryos, there is no<br />
moral choice they can make with regard to the leftover embryos.<br />
While I will challenge shortly the conclusions drawn in the<br />
above quoted passage, Surtees does draw out some seemingly<br />
logical conclusions in a very puzzling situation. On the logic of<br />
the Catholic tradition discussed thus far, it has been noted that<br />
it is wrong in principle for a couple to commission the creation<br />
of embryos (using either their own gametes or donor gametes)<br />
through IVF. Thus, according to Catholic teaching, there would<br />
seem to be no situation in which a couple could intend a process<br />
by which they would have embryos which are their genetic children<br />
implanted in the womb of the woman. On the other hand,<br />
the adoption of embryos that are unrelated to the couple has not<br />
been ruled out as wrong in principle. If this is indeed the case, it<br />
produces the rather odd consequence that Catholic teaching<br />
seems to allow ET which separates genetic parenthood from<br />
gestational and “raising” parenthood, but prohibits ET that<br />
would maintain the bond between genetic, gestational, and<br />
“raising” parenthood.<br />
Now it can be argued that the situation about which Surtees<br />
is arguing is not in fact a case of embryo adoption, as a couple<br />
cannot “adopt” their own biological children. Rather, it is about<br />
the morality of implanting too many embryos, or relinquishing<br />
one’s embryos for adoption, or freezing one’s embryos. While<br />
this is true, Surtees’ example sheds light on issues relevant to the<br />
question of the morality of embryo adoption that is at the heart<br />
of this essay.<br />
Central to Surtees’ response to this question is his interpretation<br />
of the “cannot be licitly pursued” sentence in Donum vitae<br />
which has been extensively discussed in section one of this<br />
paper. According to Surtees, this sentence is directed towards<br />
“persons who have freely adopted by choice the intelligible,<br />
though illicit, <strong>propos</strong>al of artificial reproduction.” 32 Unfor-<br />
32 See Surtees (1996), 8. He completes that sentence by adding “and,<br />
hence, not at those who would wish to “rescue” these embryos through adoption.”