When is cloning lawful?

Area of Science:

• Bioethics
• Reproductive Law
• Molecular Biology

Background:

• The Infertility (Medical Procedures) Act (Victoria) was the first legislation globally to regulate in vitro fertilization.
• The Act explicitly prohibits 'cloning' but lacks a precise scientific definition for the term.

Purpose of the Study:

• To analyze the ambiguity of the term 'cloning' within the Victorian Infertility (Medical Procedures) Act.
• To assess the potential unintended consequences of the Act's cloning prohibition on scientific research.
• To recommend legislative amendments for clarity regarding molecular and cellular cloning.

Main Methods:

• Review of the Infertility (Medical Procedures) Act (Victoria).
• Analysis of the legislative history and intent behind the cloning prohibition.
• Examination of scientific definitions and applications of 'cloning' in molecular biology, cytology, and cytogenetics.

Main Results:

• Legislative history suggests 'cloning' was intended to mean the creation of multiple, identical human individuals.
• The Act's broad prohibition may inadvertently ban legitimate scientific procedures involving the in vitro cloning of human cells and genes.
• Lack of definition creates uncertainty for researchers in fields like molecular biology, cytology, and cytogenetics.

Conclusions:

• The current wording of the Infertility (Medical Procedures) Act is scientifically imprecise regarding 'cloning'.
• Amendments are necessary to differentiate between reproductive cloning and other scientific cloning techniques.
• Clarification will prevent undue restriction on vital research in molecular biology and related fields.