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become conscious? |
Fortunately it is now possible to give a reasonably definite |
answer to this question. The part of the brain associated with |
sensations of pain, and more generally with consciousness, is |
the cerebral cortex. Until 18 weeks of gestation, the cerebral |
cortex is not sufficiently developed for synaptic connections to |
take place within it - in other words, the signals that give rise |
to pain in an adult are not being received. Between 18 and 25 |
weeks, the brain of the fetus reaches a stage at which there is |
some nerve transmission in those parts associated with con- |
164 |
Taking Life: The Embryo and the Fetus |
sciousness. Even then, however, the fetus appears to be in a |
persistent state of sleep, and therefore may not be able to perceive |
pain. The fetus begins to 'wake up' at a gestational age of |
around 30 weeks. This is, of course, well beyond the stage of |
viability, and a 'fetus' that was alive and outside the womb at |
this stage would be a premature baby, and not a fetus at all. |
In order to give the fetus the benefit of the doubt, it would |
be reasonable to take the earliest possible time at which the |
fetus might be able to feel anything as the boundary after which |
the fetus should be protected. Thus we should disregard the |
uncertain evidence about wakefulness, and take as a more definite |
line, the time at which the brain is physically capable of |
receiving signals necessary for awareness. This suggests a |
boundary at 18 weeks of gestation. Prior to that time, there is |
no good basis for believing that the fetus needs protection from |
harmful research, because the fetus cannot be harmed. After |
that time, the fetus does need protection from harm, on the |
same basis as sentient, but not self-conscious, nonhuman animals |
need it. |
There is, however, one qualification that must be added to |
this statement. While the fetus prior to 18 weeks may, strictly |
speaking, be unable to be harmed, if the fetus is allowed to |
develop into a child, the future child could be very seriously |
harmed by an experiment that caused the child to be born in |
a disabled state. Therefore research that allows the fetus to survive |
beyond 18 weeks does not come under the permissive rule |
suggested in the previous paragraph. |
In discussions of the use of fetal tissue there is often mention |
of the risk of 'complicity' in the immoral act of abortion. Those |
wishing to defend the use of fetal tissue therefore go to great |
lengths in order to show that the use of fetal tissue can be kept |
entirely separate from the decision to carry out the abortion, |
and so does not serve to 'legitimise' abortions. For the same |
reason, many countries now have, or are developing, laws or |
guidelines for the use of fetal tissue from induced abortions, |
165 |
Practical Ethics |
and many of these laws or guidelines are drawn up on the basis |
of the assumption, implicit or explicit, that it is important to |
separate the decision for the abortion from the use of the fetal |
tissue, lest the use of fetal tissue serve to increase the incidence |
of abortions. There may be, for example, a requirement that the |
donation has to be an entirely anonymous one. This prevents |
a woman having an abortion in order to donate tissue that might |
save the life of a relative, perhaps one of her existing children. |
It is possible that the motivation for such requirements is to |
protect the woman from pressure to have an abortion. Whether |
that is a valid ground for requiring anonymity is something I |
shall consider shortly. Here I wish only to point out that if it is |
the premise that abortion is immoral that supplies the motive |
for seeking to prevent any 'complicity' between the use of the |
fetal tissue and the carrying out of the abortion, or to ensure |
that fetal tissue use does not contribute to a higher incidence |
of abortions, then the arguments presented in this chapter count |
against that view. At least when carried out before 18 weeks, |
abortion is in itself morally neutral. Even later abortions, when |
some pain may be involved, could be justified if the outcome |
were to prevent much greater suffering by saving the life of a |
child suffering from an immune system disorder, or to cure |
Parkinson's or Alzheimer's disease in an older person. If the |
requirement that we separate the act of abortion from the donation |
of fetal tissue cannot be soundly based on the need to |
protect the fetus, can it be founded instead on a need to protect |
the parents, in particular the woman? Different aspects of this |
separation need to be considered. If the doctor counselling the |
pregnant woman about her abortion and the doctor seeking |
fetal tissue for a dying patient are one and the same, the conflict |
of interest is clear, and there seems a real risk that the doctor |
will not be able to give disinterested advice to the pregnant |
woman. So this separation is an important aspect of protecting |
the position of the pregnant woman. |
What, though, of the view that the pregnant woman must |
166 |
Taking Life: The Embryo and the Fetus |
be separated from the recipient by a veil of anonymity? This, |
of course, prevents her having an abortion in order to provide |
tissue to someone she knows. Is this restriction justified by consideration |
of her own interests? On the one hand, without this |
protection it is easy to imagine scenarios in which a pregnant |
woman would find herself under great pressure to abort a pregnancy |
in order to save the life of a dying relative; or a woman |
who is not pregnant might feel that she has to become pregnant |
and then terminate the pregnancy to provide the needed fetal |
tissue. Feminists may well feel that in a society in which men |
are dominant, the prospects for further intensifying the oppression |
of women in this way is reason enough to exclude the |
designation of tissue for a particular known person. |
Yet the argument for the opposite conclusion is also strong. |
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