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Testimony before the Nebraska legislature regarding stem cell research recommendations

Fr. Howard is Director of the American Bioethics Advisory Commission

The late 1970’s marked the beginning of a scientific revolution in biomedical technology which now makes it possible to answer the most profound questions concerning the beginning of human life. Studies involving ultrasonography, electronic fetal heart monitoring, amniocentesis, chorionic villi sampling, radioimmunochemistry, fetoscopy, and contact embryoscopy all lead to one and only one valid scientific conclusion: human life begins at the moment of fertilization.

While it might be argued that biomedical science could not adequately address the beginning of human life in 1973 when Roe v. Wade was decided, such is not the case today. When a human spermatozoon fertilizes a human ovum, a human zygote is formed which marks the beginning of a new human life. Much of the scientific knowledge we have today comes to us from the late Professor Jerome LeJeune, MD, PhD, formerly of the Rene Descartes University of Paris Faculty of Medicine. Dr. LeJeune was the most eminent geneticist in the world as indicated by his reception of the world’s highest honor in the field of genetics for his discovery of Trisomy-21 (Down’s Syndrome). What we know about biological genetics from Professor LeJeune is critical. As he stated: “Each human has a unique beginning which occurs at the moment of conception. A unique personal constitution is spelled out for the specific human being created, whose personal constitution has not occurred before and will never occur again. The zygote is the most specialized cell under the sun in that no other cell will ever have the same instructions in the life of the individual being created. As the zygote develops, nothing new is learned, but progressively a lot of things are forgotten. In other words, the information is written in the first cell and it is not written progressively in the other cells. These new findings prove differentiation and further demonstrated that from the very beginning there exists a human embryo. “As soon as he has been conceived, a man is a man.” Clearly from a biological perspective alone, contemporary genetics has conclusively demonstrated that at fertilization a new human life begins and that the first cell formed-the zygote-possesses everything intrinsically needed within it to develop into a mature adult provided the appropriate physiologic environment continues to exist. As we will see today, fertilization marks the start of a new human embryo which is a human individual, a human being, and a human person which are one and inseparable across a biological continuum.

The human zygote, which is one cell, marks the start of a unique human person. A series of mitotic divisions occur in the human embryo, which clearly demonstrate the unique presence of the start of human DNA, as well as human proteins which are synthesized — thereby reflecting the reality of a human person. Only a human being is capable of generating human protein. Different embryological terms are indeed used to reflect different stages of human development. For example, when a human embryo consists of 16 cells, we use the term morula to describe that level of development. As cleavage continues in the human embryo, the embryo will be referred to as a blastocyst once a fluid-filled space forms inside the embryo; at this stage of development, the human embryo consists of 64-158 cells. It is the blastocyst which will implant in the endometrium of the uterus. This process occurs 4-5 days after a new human life has already begun in the fallopian tube at fertilization. The new human person will be biologically referred to as a human embryo for the first 8 weeks of development. After 8 weeks until birth, the human person who exists will be biologically referred to as a fetus. These biological terms again simply reflect different stages of biological development of a human person across a biological continuum which is all one and the same; indeed, as it will be subsequently referred to as an infant, a child, an adolescent and an adult as it continues its physical development towards full maturity outside the womb.

The development of a human person from fertilization onward continues to be reaffirmed by all of our current scientific methodologies. We know that at 3 weeks after fertilization, the heart is beating which can be verified by the use of an ultrasonic stethoscope. By the 4th week of development, the nervous system begins to develop as well as the respiratory system. Also at this time, vertebrae and discs of the spine begin to form along with the ribs and the skeletal structure. At 5 weeks, we can detect Adrenocorticotropic Hormone (ACTH), which demonstrates rudimentary function of the pituitary gland in the human person. One should also note that at this time blood is first produced in the liver and later on in the spleen, bone marrow, and lymph nodes. The appearance of a kidney can be documented at 5 weeks; the kidney begins to function at 6 weeks and urine can be detected at 9-12 weeks. At 6 weeks, brain activity starts and is measurable. Also at 6 weeks we can detect evidence of pancreatic function which is demonstrable by the detection of the pancreatic hormone glucagon which is involved in the regulation of glucose levels. At 7 weeks, the immune system has begun to function and B lymphocytes (which are a type of white blood cell) appear in the liver. By the 8th week joints are completed in development. By 9 weeks, the intestines are clearly visible and the first detectable brain activity in response to noxious stimuli occurs in the thalamus. By 10 weeks, B lymphocytes are present both in the spleen and in the blood. By 11 weeks, there is some evidence of immunological competence-that is, some ability to fight infection. Also at this time of development one can note that the skin is comprised of both epidermal and dermal layers. Already for one month now, the human embryo/human fetus has been capable of rotating his head, bending his elbow, and sucking his thumb. Clearly, all of our current scientific data pertaining to human embryological and fetal development leads us to the inescapable conclusion that human personhood is indeed established at fertilization.

One cannot begin to understand the beginning of human life without a proper philosophical understanding of the nature of human personhood. Many today erroneously conclude that a human embryo is a “potential human life.” This assertion betrays a serious misunderstanding. Potency means capacity for change and is found only in that which already exists. In other words, potency and act are metaphysically inseparable. The human zygote is a human embryo and is a both potency and act. The human zygote, therefore, is not a “potential human life,” rather, it is a human life -a human person- since potency for growth does not exist apart from that which actually exists already. The human zygote is not followed by a series of new natures that represent a juxtaposition of different beings. The human person proceeds in his development in an unbroken manner. The person is human from conception and remains so throughout all of his change. While it is true that a human zygote does not have consciousness, it is recognized that consciousness is not a substance but an attribute or function of something that has consciousness at a certain stage of development. We do not deny the personhood of human beings who are not conscious while they are asleep, under anesthesia, or are comatose yet not brain-dead. It is evident that the external appearance of something may not reveal the ontological nature of what that (something) is. This demonstrates to us how philosophy and science should properly compliment each other in providing the definitive answer regarding the nature of human personhood at his very inception.

It is tragic today that certain scientific terms have become politicized. Many today argue that an oocyte (egg) is no different than a zygote which is a fertilized egg which marks the beginning of a human person. One must recognize that an ovum or a spermatozoon does not possess potency (potentiality) of human personhood as neither can, of itself, develop into a human being. Indeed, there is a radical difference which exists in the nature of an ovum versus that of a zygote. There have been many attempts to define pregnancy as that which occurs when the human embryo (blastocyst) undergoes implantation in the uterus (ACOG). This grave scientific error fails to recognize that human life and thus human personhood began at fertilization. This can now be scientifically documented by assaying the protein Early Pregnancy Factor (EPF) which is produced within 48 hours following fertilization in maternal blood serum. Also at this time many people refer to a so-called “pre-embryo” which is described as deserving special moral status but not that of human personhood. Again, we know there is no such valid embryological term since all that exists before an embryo is formed are gametes, that is the ovum and the sperm (LeJeune, Kischer, et. al.).

Each of these errors fails to reflect valid embryological and/or philosophical terminology which accurately describes the nature of human personhood from the beginning. The result of this is gravely tragic: it allows for the destruction of countless numbers of human lives. The essential evil or injustice of the killing of any person from fertilization until death is two-fold. It not only involves the destruction of a being of transcending worth but it also invariably terminates all of the future potentiality of that unique human person. The National Bioethics Advisory Commission (NBAC) was established by executive order of President Clinton at the time that Dolly was cloned. The NBAC has endorsed experimental research as well as destruction of human embryos which were generated by In-Vitro Fertilization. The NBAC has refused to recognize that human personhood is constituted at fertilization. This is reflected by their use of the erroneous term “pre-embryo.” Their use of this false term has allowed for the justification of the destruction of countless numbers of embryonic human persons. The NBAC has provided erroneous scientific information to the Clinton Administration in order that the President sign legislation which does not protect human personhood from fertilization until death. It is absolutely critical that the new Administration reconstitute the NBAC with new members who recognize, scientifically and philosophically, the reality of personhood and its origins. The ABAC extends its commitment for open dialogue with the new Administration to assist the President in this arduous task.

As the 43rd president assumes office as chief executive officer of the United States of America, we look to you-the press-to help educate this new Administration as well as the United States Congress and the people of our nation with the most accurate and valid terminology and research provided by scientific embryology as well as philosophy regarding human personhood.