The Human Embryo: Ethical and Legal Aspects
PaSAGE team member Rosario Isasi co-authored this paper.
The first section of this paper focuses on the moral status of human embryos. An embryo is a what is made when sperm meets and fertilizes an egg. To have moral status means that a person is open to harm from others. There are three main opinions on whether embryos have moral status. The first is that embryos have the same moral status as a person from fertilization. The second is that embryos get moral status sometime after conception and before birth. The third is that embryos have no moral status until birth. In Canadian law, an unborn human does not have legal personhood. However, it does recognize its potential to become one.
Human embryos can also be used for research. There is debate about whether embryos should be used for anything other than producing kids. Additionally, creating embryos specifically for research is an even more controversial practice.
In Canada, research with embryos is legal. However, except in cases where the research is for reproduction, it is illegal to create embryos specifically for research. This means that to do non-reproductive research with embryos, the embryos must be donated. Whoever donates the embryos, either an individual or couple, must sign consent forms. These consent forms say that the embryo donor(s) agree for the donated embryo to be used for a specific project. Additionally, there are types of research with embryos that are prohibited. These include keeping eggs in culture for longer than 14 days and combining embryos with cells from other organisms. If the research is being funded federally, further restrictions apply. Creating embryonic stem cells from embryos is legal in Canada. However, cloning cells using an embryo is illegal.
In sum, in Canada, embryos do not have legal personhood. However, they do benefit from moral consideration. This is seen in the rules that specify when embryos should be created. This paper also examines similar regulation in other countries like Germany, The United Kingdom, and The United States.