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59 La. L. Rev. 1019 (1998-1999)
Cloning and the Preservation of Family Integrity

handle is hein.journals/louilr59 and id is 1039 raw text is: Cloning and the Preservation of Family Integrity David Orentlicher I. INTRODUCTION Cloning turns on its head our view of reproduction. Instead of creating a new person by mixing the genetic material of two different parents, cloning permits the creation of a new person with the genetic material of just one parent.' Because of this reconfiguration of reproduction, many scholars and other members of the public oppose the cloning of humans. What I will argue is that this reconfiguration is in fact one of the most compelling reasons to permit cloning. Cloning not only turns on its head the way people can reproduce, it also turns on its head one of the chief objections to other artificial methods of reproduction. Specifically, cloning very directly addresses the concern that, when an infertile couple turns to artificial insemina- tion, egg donation or surrogate motherhood, the couple must bring a third party into their procreative relationship. For some commentators, this is sufficient reason to condemn artificial methods of reproduction. They see serious harm to the marital relationship if its sanctity is violated by the inclusion of other persons.' Even if one would not reject artificial methods of reproduction just because of their implications for marital and procreative relationships, the role of other persons raises important concerns. Sometimes, the other people want to stay involved in the lives of their genetic children, and the couple does not want the involvement.3 In all cases of artificial reproduction with another Copyright 1999, by LOUISIANA LAW REVIEW. Samuel R. Rosen Professor of Law and Co-Director, Center for Law and Health, Indiana University School of Law-Indianapolis. Adjunct Associate Professor of Medicine, Indiana University School of Medicine. A.B., Brandeis University, 1977; M.D., Harvard Medical School, 1981; J.D., Harvard Law School, 1986. 1 am grateful for the comments of Anne Donchin, Judy Failer and Max Mehlman and the research assistance of Will Binder and Faith Long. 1. It turns out to be a little more complicated than that. There is genetic material not only in the nucleus of a cell, but also in the mitochondria (the energy factories of the cell), which reside outside the cell's nucleus. Lori B. Andrews, Is There a Right to Clone? Constitutional Challenges to Bans on Human Cloning, II Har. J.L. & Tech. 643, 647 (1998). Thus, a woman's egg has genetic material in the nucleus and in the mitochondria outside the nucleus. If a woman clones herself and uses one of her own eggs, then all of her child's genetic material will come from her. If a man clones himself, or a woman clones herself with the eggs of another woman, then the child will have genetic material from two parents. Stephen Jay Gould, Dolly's Fashion and Louis's Passion, 106(5) Natural History 18, 22 (1997). It is not known at this time the extent to which mitochondrial genetic material affects a person's development. 2. Non-married couples might also choose cloning, and they could employ cloning to avoid a comparable violation of their relationship from using the sperm or egg of a third person. 3. This concern would also apply to artificial methods of reproduction employed by single men or women.

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