Cloning Is Here: Can We Really Live with Ourselves?

Pages2-3
Date01 January 2024
AuthorJohn M. McNichols
Subject MatterCivil Law
By John M. McNichols, Litigation News As sociate Editor
Cloning Is Here: Can We Really Live
with Ourselves?
another—at least not in a veriable way—scientists have advo-
cated using similar techniques to create human stem cells for
research and therapeutic purposes.
In the United States, the legal reaction to this has been
surprisingly muted, at least at the federal level. Although
Congress sought to pass legislation restricting cloning in 2001,
the measure did not become law, and thus, today the only legal
restrictions on cloning are state laws and federal administra-
tive regulations.
What Is Cloning?
Cloningis the process of creating a new living organism from
part of another one, with the result that the new and the old
are genetically identical. Although cloning as a concept fre-
quently conjures up images of scientists in lab coats, the prac-
tice has been around since time immemorial in forms much
closer to nature than the modern laboratory. The term “clone”
comes from the ancient Greek word for “twig,” a reference to
the common botanical practice of burying part of a plant in
order to grow a new one of the same kind.
The articial cloning of animals through modern biotech-
nology is, of course, more complicated, as scientists require
more than fertile soil to bring a new animal into being. The
most common technique for this purpose is known as “nuclear
transfer,” which involves taking a sample cell from an adult
© Getty Image s
eptember 2023 marked the passing of British scientist
Ian Wilmut, who made headlines two decades earlier
when he and his team at Scotland’s Roslin Institute
witnessed the live birth of a female lamb—later
named “Dolly”—that was genetically identical to an
already-existing adult female sheep. Wilmut and his team had
transferred the DNA of the adult sheep to Dolly in embryo,
thereby accomplishing the process known as “cloning.”
Long the stuff of science ction—it was the centerpiece of
the 1978 lm The Boys from Brazil, as well as 1993’s Jurassic
Par k—cloning was not unknown to scientists when Dolly was
born in 1996. But her birth was nevertheless notable as the
rst successful articial creation of an infant mammal from
the cell of a live adult. Given the high degree of similarity
among mammals and the potential application of the same
technology to human beings, Wilmut’s accomplishment kicked
off a restorm of discussion about the ethics of cloning and
whether it resembled “playing God.”
Since Dolly, scientists have successfully cloned far more
mammalian species, notably including at least one primate.
While cloning is today still primarily a research and develop-
ment activity, it has begun to enter the commercial sphere,
with companies offering animal cloning services for pets,
livestock, racehorses, and the like. And while no one has yet
created a living human being from the genetic material of
WINTER 2024 • VO L. 49 NO. 2
2 | A BA LITIGATION SECTION
Published i n Litigation News Vo lume 49, Numbe r 2, Winter 2024. © 2 024 by the Americ an Bar Assoc iation. Repro duced with perm ission. All r ights reser ved. This infor mation or any por tion thereof
may not be copied o r disseminated i n any form or by any means o r stored in an elec tronic databas e or retrieval system w ithout the expres s written consen t of the American Ba r Association .
TECHNOLOGY

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