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The Globe & Mail
A reproduction law of lengthy gestation
UPDATED AT 10:14 AM EDT
Friday, Apr. 18, 2003

The gestation period has been far too long, but the House of Commons
is finally preparing to give birth to important legislation on the
business and science of making babies. When MPs return from their
Easter break, they are expected to pass the Assisted Human
Reproduction Act.

It has been a decade in the making, 14 years if you include the four
years that a royal commission spent researching a rapidly evolving
field before recommending in 1993 that the federal government swiftly
pass a strong law.

The Liberal government's first response was particularly weak. In
1995, health minister Diane Marleau enacted a voluntary moratorium on
nine practices, including selling human eggs and embryos. It couldn't
be enforced, and even prestigious medical institutions didn't comply.

The next attempt was better, but still fell short. In 1996, health
minister David Dingwall introduced legislation prohibiting 13
practices, including paying a woman to be a surrogate mother. It died
on the order paper when an election was called in 1997.

The next health minister, Allan Rock, began working on more ambitious
legislation that would not only ban practices such as human cloning
and selling eggs, but would attempt for the first time to offer some
protection to consumers.

Fertility clinics are now largely unregulated and difficult to
assess. Clinics refuse to release data on their success rates for in
vitro fertilization and other procedures to help women get pregnant.
Mr. Rock was working on a licensing and regulatory package when he
was shuffled to Industry Canada.

He handed a draft bill over to Anne McLellan, who last spring finally
introduced legislation that will create a $10-million-a-year
regulatory agency to license and monitor anyone who manipulates human
reproductive materials to make embryos, and who obtains, stores,
exports or imports sperm, eggs and in vitro embryos.

Ms. McLellan is known for moving warily on controversial issues, for
trying to find middle ground.

One of the weaknesses of the bill is the unnecessary compromise it
strikes on embryo research. It bans the creation of embryos for
experiments, but allows researchers to use leftover embryos created
at fertility clinics.

This won't satisfy those who argue that an embryo is a human being
and should never be the subject of experiments. More importantly,
though, it limits the work of researchers investigating the promise
of stem cells.

Stem cells are the blank slates of the human body. They can become
any kind of cell. One day, researchers believe they may be used to
grow new kidneys or hearts for transplant and to treat Alzheimer's
disease, Parkinson's disease, diabetes and spinal injuries. But stem
cells are controversial because they are found in the greatest
quantities in embryos.

Great Britain has allowed researchers to create embryos specifically
for stem cell research. Canada should do the same, rather than
forcing researchers to line up for the very few embryos that
fertility clinics don't use.

There is another potential problem with the bill. It will prohibit
payments to egg and sperm donors, a move sperm banks say could
drastically reduce the supply of semen. Ms. McLellan says she will
review the payment ban after three years. Advocates of infertile
couples point out that three years is a long time for a woman who is
38 or 40 and may have a limited time to get pregnant.

Still, the legislation is a significant improvement over the current
vacuum. It is expected to clear the Commons easily when MPs return
the week of April 28, although a dozen Liberal MPs may oppose it on
moral grounds. Then it is on to the Senate, where it is expected to
pass.

Once it becomes law, it could make a positive difference in the lives
of thousands of Canadians who can't produce children without medical
assistance. They spend huge sums of money and endure invasive
procedures, and they deserve some protection.

SOURCE: The Globe & Mail
http://www.theglobeandmail.com/servlet/ArticleNews/TPPrint/LAC/2003041
8/EPROD/TPHealth/

NOTE: Bill C-13 will also ban and indeed "criminalize" all forms of
Therapeutic Cloning".  Are we going to collectively sit on our hands
while this takes place?  Are we relying on the Senate to correct
this?

 - murray


* * *
Murray Charters <[log in to unmask]>

Parkinson's Resources on the WWWeb
http://www.geocities.com/murraycharters/

Therapeutic Cloning
http://www.therapeuticcloning.ca/

* * *

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