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Biotechnology — Can the Law Cope?

The Warnock Report on Human Fertilization and Embryology' represents the first English official analysis of the ethical and legal implications implicit in the biotechnical revolution of the past decade. The first "test-tube" baby was born in 1978 and by the end of 1985 an estimated 1,000 live births will have resulted from in vitro fertilization treatment. 2 Parliament, until establishing the Warnock Committee in 1982, chose formally to ignore the technological advances. The recommendations of the Warnock Committee have not surprisingly generated fresh interest and controversy illustrated starkly by the swift presentation of Mr Enoch Powell's Unborn Children (Protection) Bill and its passing to Standing Committee after a majority of 238 to 66 votes at the second reading. The introduction! of Government proposals banning commercial surrogacy and the Bill's rapid passage into law may be seen as further evidence of moral panic on the part of the legislature. This article addresses the ethical and legal issues raised by one aspect of the "new fertilization techniques" which have attracted Parliamentary attention to date namely the question of embryology and embryonic experimentation. It will be argued that hasty legislative action is both inappropriate and will have undesirable consequences. Moreover, it is contended that the Powell Bill, now demised, has had far reaching implications for other areas of law (such as abortion) and that these issues need to be faced directly in a comprehensive and reflective manner.