The Human Fertilisation and Embryology Bill of 1990: The Legality of Existence
By Susannny - Own work, CC BY-SA 4.0, Link (image: man on the left: creator of IVF, Robert G. Edwards)
The Human Fertilisation and Embryology Bill of 1990 was set in place to regulate the creation, care, and the use of human embryos “outside of the body of the mother” (Embryo Project Encyclopedia). The bill was established so scientists could use human embryos outside of the mothers body for research for a limit of 14 days. The bill was heavily influenced by the 1984 Warnock Report on Human Fertilisation and Embryology, which focused on the social and ethical impacts of infertility treatment, namely IVF, or in vitro fertilization, which was not regulated up to that point. In a parliamentary debate in 1990, the secretary of State for Health stated “the fact is there is no law on the subject. Researchers may legally undertake any research they wish on human embryos to create hybrids between humans and animals or attempt to clone individuals legally,” he goes on to say, it is only the researchers and scientists' integrity to adhere to the loosely defined regulations before 1990 that have prevented any attempts to clone a human or make some kind of hybrid. That was, of course, a big concern for them--this scientific advancement made it feel more possible than ever. A legal precedent such as The Warnock Report that debates the ethics, moral, and social implications of embryonic research ushered in the emergence of the field of bioethics; offering a sterile and legislative framework which opened up the moral debate over what is moral and ethical when it comes to embryonic research and regulations—it was no longer how, but when it happens, what will we do?
And as science advances, how will the slow process of legislation keep up? Although we do not get any of legislative or scientific insight in Never Let Me Go, it would be interesting to know how the world of the novel navigated these boundaries, considering they went on to create actual human clones for medical purposes. The novels focus is not on any scientific specifics, much like Frankenstein, but it does evoke an empathetic response by readers for the clones (students) (at least it did with me), who many people in their world do not consider to be human at all. Hailsham students, and other students we don’t learn about, were brought into existence solely to serve others, to heal others, and their lives were entirely predetermined. The novel portrays the potential real-world implications, and mirrors what real-world people would have been feeling, what they were anxious about, their motivation for wanting to keep the students invisible, and surely influenced concepts like Never Let Me Go, and other dystopian sci-fi. The bill did not introduce cloning, but it normalized the debate, and created an open space to justify utility for research over individual human rights. In the novel, cloned students are bred solely for organ donation, justified by systems that view them as a commodity, not as people with thier own unique lived experiences, desires, and needs.
United Kingdom, Parliament, House of Commons. “Human Fertilisation and Embryology Bill.” Hansard, 23 Apr. 1990. https://hansard.parliament.uk/Commons/1990-04-23/debates/b6c69db6-663a-4a6c-8bb8-e7adc5883f0b/HumanFertilisationAndEmbryologyBill
Zoloth, Laurie. “Human Fertilisation and Embryology Act 1990.” Embryo Project Encyclopedia, Arizona State University, 6 July 2008. https://embryo.asu.edu/pages/human-fertilisation-and-embryology-act-1990
Anscombe Bioethics Centre. “A Briefing on the Human Fertilisation & Embryology Authority (HFEA) Consultation: Modernising the Regulation of Fertility Treatment and Research Involving Human Embryos.” Anscombe Bioethics Centre, 2023. https://www.bioethics.org.uk/research/all-research-papers/a-briefing-on-the-human-fertilisation-embryology-authority-hfea-consultation-modernising-the-regulation-of-fertility-treatment-and-research-involving-human-embryos/