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 Human nature: Science, technology, and life.
Take This Embryo and Shove It
Italy's mandatory pregnancy law.
By William Saletan
Posted Monday, June 13, 2005, at 10:54 PM ET
Imagine lying on a table at a fertility clinic. Across the room are three
Petri dishes containing embryos made from your eggs. Given your genetic
history, at least one of the embryos probably has a fatal blood disease. You
don't want to implant the sick embryo or embryos, but the law says you have
to. On a judge's orders, every one of those embryos will be inserted through
a catheter into your womb, whether you like it or not.
Is this Rosemary's Baby? The Handmaid's Tale? Nope. It happened last year to
an Italian woman under that country's IVF law. Today, Italians held a
referendum on whether to change the law. Thanks in part to vigorous
opposition from the Catholic Church, the referendum failed.
This is a lesson in what can happen to the United States and other countries
if religious conservatives get their way. Conservatives fear a slippery
slope from IVF and pre-implantation genetic testing to eugenics and
dehumanization. Their fears are well-founded. But they've overlooked a law
of geology: Every slope has at least two sides. Legislation designed to stop
us from sliding down one slope can push us down the other. That's what has
happened to the Italians. And if we don't learn from their tragedy, it could
happen to us.

Two years ago, Italy was the Las Vegas of biotechnology. A baby was born
there to a 60-year-old mother and (thanks to frozen sperm) a father who had
been dead for 10 years. A scientist claimed to have cloned babies. Italians
were horrified. At the pope's urging, the parliament passed a law imposing
numerous restrictions. You can't get IVF unless you're married. You can't
use donated eggs or sperm. You can't employ a surrogate mother. You can't
fertilize more than three eggs at a time, and you have to implant all of the
resulting embryos simultaneously. A doctor who violates any part of the law
can be jailed for up to three years.
It's easy to think that the people who wrote the law must have been crazy.
Then you wouldn't have to worry about the same thing happening in your
country. But the logic of the Italian law is eerily simple. It tries to make
IVF as much like natural conception as possible. No surrogates or donated
eggs, because a married man shouldn't have sex with another woman. No
donated sperm, because a married woman shouldn't have sex with another man.
No more than three embryos at a time, because nature almost never works that
way, and every embryo you don't implant or carry to term is a forsaken human
life. All embryos implanted quickly in your womb, even if they're doomed,
because that's where they'd be if you'd made them the old-fashioned way, and
you wouldn't even know-because you wouldn't be able to run all those fancy
lab tests on them-that they were sick.
It's as though you weren't using IVF. But you are using IVF, and that's what
causes the nightmare. As a practical matter, you could run the lab tests-so
the law has to stop you from running them or from doing anything with the
results. The embryos aren't inside you; they're in the dishes. To restore
them to their "natural" place, the law has to move them through your vagina
and into your uterus. The only thing standing in its way, potentially, is
your refusal. Therefore, your refusal must be outlawed.
The ghoulish ironies don't end there. Last year, President Bush's council on
bioethics, well-stocked with conservatives, strongly urged fertility clinics
"to reduce the incidence of multiple embryo transfers and resulting multiple
births, a known source of high risk and discernible harm to the resulting
children." But the Italian law requires such multiple transfers, endangering
healthy embryos in the name of protecting unhealthy ones. By limiting the
number of embryos in each IVF round to three, the Italian law has doubled
the average number of rounds necessary to get a successful pregnancy. This
means more hormonally induced egg production and extraction, which,
according to Bush's council, "carry significant medical risks to the women."
To top off the absurdity, the law explicitly avoids any change in Italy's
abortion regulations. So, if you don't want your embryos, you can't freeze
them-but you can implant them, let them grow, and then kill them.
Or you could suffer the fate of the woman who was ordered to implant those
high-risk embryos. Two of the embryos died before her case was resolved. The
third was implanted. A month later, the woman ended up in a hospital with a
gastric hemorrhage, apparently caused by stress. She lost the baby. Now that
it was dead, the doctors could test it. The tests showed it was free of the
dreaded blood disease.
This isn't what the Italians had in mind when they passed their law. They
were just trying to stop the country from tumbling down a slippery slope.
"Italy's grandmothers became mothers, and every uterus was for rent," an
Italian politician explained. "We needed to take back control." Well,
they've got control now. Just ask that woman.
Human Nature thanks Slate editorial intern Megan O'Connor for extensive
research assistance on this article.

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