Cloning and Human Engineering Prohibition Act
(An updated proposal and website dedicated to this issue can be viewed at www.ElliotInstitute.org/eugenics)
MEMO
Date: 9/15/97
From: David C. Reardon, Ph.D., Director
To: Interested Parties
Re: Extending a Cloning Ban to Include A Ban on All Genetic Engineering of Human Beings The Human Engineering Prohibition Act
Clearly the cloning issue has attracted public attention and there is a widespread public sentiment to ban this practice, while eugenicists are seeking ways to minimize any regulations.
Rather than limit ourselves to a ban on cloning, this is an excellent opportunity to educate the public about a wide range of threats to human dignity involved in the manipulation and engineering of humans, particularly of nascent human beings who are treated as disposable raw material.
Following is a proposal in the form of model legislation that would create a presumptive criminal ban against all genetic engineering of humans and fetal experimentation. As a means of reducing opposition to a “total ban” it includes a means for legislatures to add exceptions to the presumptive ban. This means that scientists who claim to have come up with some “marvelous” new technique of human engineering are encouraged and invited to approach the legislature for approval of this technology. The point is that the question of whether any technology using human DNA or nascent human life shall be allowed is a question of public policy and must be subjected to public investigation and debate.
Because, unfortunately, in vitro fertilization for infertile couples has become widespread and is generally accepted, I have included an exception for this technique in this model bill. Without this exception, the bill would almost certainly be defeated. However, you will note that even in vitro fertilization would be regulated to require implantation. No more making extras for disposal purposes. While this provision will still be attacked, it puts us in a better role of educating the public about what really happens and the serious moral questions that are being ignored.
I would be interested in any suggestions you may have for improving this proposal.
Also, please share this material with any lobbyists or legislators you know who may be interested in the issue of cloning, human experimentation, or genetic engineering.
Thank you.
AN ACT in relation to human engineering.
Be it enacted by the People of the State of _______, represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Human Engineering Prohibition Act.
Section 10. Legislative Findings and purposes.
(a) the Legislature of the State of Illinois finds that:
(1) Scientific discoveries and advances in genetic engineering have now made it possible to clone human beings, to genetically alter human beings to eliminate disease or to add new biological features, and to create genetic hybrids using both human and animal genes.
(2) The biological risks and moral implications of human engineering have not been fully ascertained nor is there a consensus among the public regarding the forms of human engineering, if any, that would best benefit society.
(3) The use of genetic manipulations for the purpose of human engineering would have a profound effect on the social fabric. Even the definitions of human, parent, child, sibling, and family as used in general discourse and in the law would be confounded.
(4) Because scientific advances relevant to human engineering are occurring at a remarkable rate, public discussion of these complex issues cannot lead to a consensus in a time frame sufficient to establish voluntary rules of compliance that adequately protect the society.
(5) Some proponents of human engineering have proposed ideas that would drastically alter society in known and unknown ways. Among other proposals, proponents of human engineering have suggested the following:
(a) the cloning of organ donors that would be mutilated or destroyed for the benefit of others;
(b) the genetic creation of a half-human slave race to serve human kind;
(c) the genetic creation of specialized humans who would be designed to undertake dangerous environmental or combat situations;
(d) the design of a genetically “superior” super-race with the concurrent elimination of genetically distinct groups of human beings whom proponents of human engineering would classify as genetically inferior.
(6) By use of animal and plant species, valuable scientific advances in the field of genetic engineering can proceed. Human lives and human genetic material are not necessary to the development of genetic engineering technologies. When appropriate, technologies that are perfected on animal species may be allowed for use on human beings and allowed if and when future legislators are sufficiently convinced that these new technologies would be beneficial to society and used under such conditions that respect the community standard of respect for human dignity.
(7) Without statutory regulations governing human engineering individuals and corporations with access to this technology could freely engage in human engineering to the detriment of society.
(8) Because of the complex moral, social, legal, familial, and economic issues involved, the decision to use genetic engineering techniques on human beings should not be left to the individual discretion of those who develop or have access to these technologies. These issues, and the conditions under which these technologies can be used, must most properly be resolved in the public forum and most specifically through the elected representatives of the people.
(b) Based on the findings of subsection (a) of this Section, it is the purpose of this Act to erect a general prohibition against human engineering and to provide a mechanism by which the legislature may make exceptions to this prohibition as conditions and public sentiment warrant.
Section 20. Definition. For the purposes of this Act, “human engineering” means intentional acts that involve:
(a) the genetic alteration of human gamete material; or
(b) the non-therapeutic manipulation of nascent human life after cell division has begun and prior to birth.
Section 30. Prohibitions; penalty.
(a) It is unlawful within this State to engage in human engineering except as specifically provided for in Section 50.
(b) It is unlawful to allow any public funds or property to be used for human engineering except as specifically provided for in Section 50.
(c) A person who intentionally violates subsection (a) or (b) of this Section commits a Class 4 felony.
Section 40. Civil penalties.
(a) Any person whose gamete material or cells are used for human engineering in violation of this act shall be allowed treble damages, punitive damages, attorneys fees, and court costs.
(b) Any person whose gamete material or cells are used as provided for in the exceptions in Section 50 who did not give fully informed and free consent for the use of these cells or gamete materials for said purpose shall be allowed treble damages, punitive damages, attorneys fees, and court costs.
(c) Any person who was conceived or altered by an act of human engineering in violation of this Act shall be allowed treble damages, punitive damages, attorneys fees, and court costs.
Section 50. Exceptions. The following procedures are not prohibited by the general ban of this Act.
(a) In vitro fertilization with unaltered human gametes wherein the resulting nascent human life is implanted into the womb of an adult human female with the intention of giving birth to a live born human child.
(b) Any therapeutic procedure performed on a human fetus that is intended to benefit that individual human fetus by correcting a genetic abnormality prior to birth.
Section 90. The State Finance Act is amended by adding a section as follows:
Section 24.10. Use of public funds for Human Engineering. An appropriation Act enacted after the effective date of this Section shall not be construed to authorize the expenditure of public funds for human engineering, as the term is defined in the Human Engineering Prohibition Act or for the support of any project or institution that engages in human engineering.
Section 99. Effective date. This Act takes effect upon becoming law.
