Off-The-Peg Offspring in the Genetic
Supermarket
Colin Gavaghan asks how seriously
we should take Gattaca's dread of genetic screening.
Viewed solely on its cinematic merits, few
are likely to evaluate Andrew Niccol’s film Gattaca as great art.
As a vehicle for stimulating debate about serious social and moral issues,
however, it shows up well against Independence Day, Jurassic Park,
and most other attempts to translate science fiction onto the big screen.
Relying heavily on less than subtle imagery (the staircase which the
paraplegic Jude Law must struggle to ascend is sculpted in the likeness of a
DNA molecule) it paints a vision of a dystopian future in which prospective
parents can obtain genetic profiles of their in vitro embryos and,
based on that information, decide which to implant. In effect, they will be
able to choose – to some extent – the kind of children they will have.
Unlike most cinema sci-fi, the
technology of Gattaca is not speculative or fanciful –
pre-implantation genetic diagnosis (PGD) has been with us for the last ten
years. And the ethical questions that it poses are considerably more
intriguing than those raised by rampaging veloceraptors. But is Gattaca’s
overwhelmingly negative view of PGD actually justified? Or is it just
another example of a serious subject distorted by celluloid sensationalism?
In short: is there anything wrong with being able to choose our children?
What are the options?
Before embarking on an ethical
examination of any new technology or practice, it is perhaps advisable to
consider what options we (as a society) will face with regard to that
technology. Broadly, two options present themselves. On the one hand, a
restrictive approach could be adopted, the most obvious form of which would
be a ban on PGD, either outright or in certain circumstances. Alternatively,
PGD could come to be viewed as so overwhelmingly beneficial – to society
in general or to some of those who comprise it that a degree of compulsion
is introduced. A scenario in which PGD was compulsory is not inconceivable.
But in view of present attitudes toward genetic technology in the popular
media, and of the fears most commonly expressed by academics and special
interest groups, it seems more likely that any restriction in the near
future would be of the prohibitionary variety. Indeed, as things stand, the
practice is subject to a variety of restrictions, preventing its use for,
e.g., sex pre-selection.
On the other hand, a laissez
faire approach could be taken. In Anarchy, State and Utopia, Robert
Nozick considered the possibility of a "genetic supermarket",
where prospective parents could freely select traits for their future
children. Were this approach to be adopted, the state would neither force
prospective parents to use PGD, nor would they prevent them from using it.
The liberty presumption
Nozick’s rather extreme
brand of free market libertarianism is certainly not to everyone’s
philosophical taste. But it may be that a ‘hands off’ approach to
genetic screening can be defended on grounds which enjoy considerably wider
appeal, such as a general presumption in favour of liberty. This derives
from the belief that, ordinarily, what an individual chooses for himself is
more likely to further his own interests than what anyone else would choose
for him. This popular presumption was developed in detail by John Stuart
Mill in his famous essay On Liberty (1859). Mill went on to assert
that any act by the state which restricts an individual’s control over his
own life will to some extent constitute a harm to that individual, and must
by justified by preventing some greater harm. This is not to adopt the
extreme libertarian position that state restriction of individual liberty is
never justified, but merely to stress that any such state restriction
requires justification in order to rebut the presumption in favour of
liberty.
If no interests are being
safeguarded by the restriction, and it is accepted that some harm is caused
by it (even if we regard the harm to the prospective users of PGD as fairly
trivial, they are still harmed to some extent by having their choices
curtailed), then a restriction would cause more harm than it prevented, and
would therefore be unjustifiable. So who precisely stands to be harmed by
PGD? After all, if (as Gattaca asserts) PGD is so obviously the stuff
of nightmares, it should be a relatively easy task to demonstrate precisely
who this technology is bad for.
The argument from
‘Nature’
The contention that PGD, and
reproductive and genetic technologies in general, are in some sense
‘unnatural’ is never far away from such discussions. Whether such
practices may be said to be ‘unnatural’ will not be investigated here;
the view that ‘natural’ is synonymous with ‘morally good’ or
‘desirable’ has been shown over the centuries to be highly suspect (by,
most notably, David Hume and JS Mill) and another attack upon it would be
superfluous.
But while the view that the
‘natural’ is intrinsically good has been largely discredited, the fear
that ‘tinkering with nature’ will give rise to bad consequences remains
real. For obvious reasons, genetic technology causes anxiety even among
those who have no interest in fetishising ‘Nature’. In particular, much
has been made by environmentalists of the supposed dangers of a rogue
Genetically Modified Organism (GMO) laying waste to crops or spreading some
new disease.
Whatever the merits of such
fears though, such unnatural disasters will not be brought about by PGD.
While consequentialist objections to genetic engineering of crops and
animals, and the release of GMOs into the environment, remain troubling, the
same cannot really be said of PGD. For the embryos which are implanted after
screening have not been genetically modified in any way. They still comprise
half the genetic material of each parent, just like the rest of us. No novel
genetic material will be introduced into the environment. Were this our only
concern, there would be no reason to rebut the liberty presumption by
banning PGD.
Death in a petri dish: the
discarded embryos
Since the essence of the
choice offered by PGD lies in the ability to implant only selected embryos,
it follows that the technique requires the creation of more embryos than
will ever be implanted. The respective fates awaiting the two groups of
embryos could not be more dissimilar. For those which are selected, the
possibility beckons that they will one day be born into an environment where
they are presumably much wanted, while for the ‘unsuccessful’
candidates, the future holds only the prospect of destruction, perhaps after
experimentation.
While the availability or
otherwise of PGD will certainly have an effect upon the embryos, however,
this is not the same as saying that the embryos have interests which will be
affected thereby. It is widely agreed that interests can only meaningfully
be attributed to beings which are, or have been, conscious. Without a
minimum level of awareness as to what is happening to it, it would be
nonsensical to aver that an entity is capable of caring about anything. This
is not to say that, in order to have interests, a being must be capable of
formulating abstract thoughts or long term goals. Nonetheless, a minimum
level of awareness is what separates those living things which have
interests from those which do not
The question of when precisely
a human being attains a level of consciousness sufficient for us to
attribute to them even the most basic of interests has still not been
answered to the satisfaction of all, but although this is of great
importance in any consideration of the ethics of abortion, for example, it
may be seen that ascertaining the precise timing of the onset of
consciousness is not necessary for the present discussion. For while doubt
may exist as to when consciousness is first present in a human being, no-one
would seriously seek to attribute that quality to an eight-cell embryo.
Indeed, even Elizabeth Peacock of the Parliamentary Pro-Life Group does not
allege that the capacity for pain exists prior to ten weeks. (The
Guardian 22 July 1996). It appears beyond dispute, then, that they do
not and cannot in any sense be said to care about what happens to them, or
indeed care about anything at all. To speak of their being harmed is
meaningless. If anything is wrong with PGD, it is not wrong from the
perspective of the embryos.
"Withering on the
vine"?
Another objection which arise
from time to time concerns those potential future children who might have
been born but for the ‘screening out’ process; as it was once put to me
by an opponent in a debate, those who are left to "wither on the
vine". That such a concern is philosophically muddled becomes quite
apparent when we consider who we are seeking to protect in this case. We
are, it would seem, being asked to protect the interests of potential future
persons who will never exist, beings who cannot be said to have been harmed
or benefited in any way, since they never had, and never will have, any
interests to be affected one way or the other. To say otherwise would seem
to involve recognising an interest, possessed by non-existent person, in
being brought into existence.
Perhaps such a way of thinking
would make sense were we to believe in some sort of extracorporeal waiting
room, occupied by disembodied consciousnesses awaiting earthly lives. My
opponent in the debate denied believing in such a place – he seemed to
find the notion as unlikely as I did. Equally, however, he was unable to
explain where the vine was, and who, precisely, was doing the withering.
Harm to the handicapped
Perhaps the most widespread
concern about free access to PGD involves those disabled persons who already
exist or who will be born regardless of the availability of PGD. This
concern arises from the strong suspicion harboured by many that, given a
choice of characteristics, the vast majority would select from a fairly
narrow grouping, resulting in those who do not conform to these standards
coming to be viewed as ‘defective’. The possibility of the Genetic
Supermarket giving rise to a genetic Master Race seems to linger at the back
of the minds of many critics.
This harm to the handicapped
may take a variety of forms. On a practical level, the fear has been
expressed that a disabled population reduced in number by PGD would have
less ability to draw attention to its members’ needs. Certainly, it may be
easier to ignore the disabled if their numbers are reduced; and it is not
easy to refute the suggestion that this would lead to their unique problems
being given less attention. That this possible outcome is sufficient to
justify banning PGD is less certain. Consider the partially analogous case
of those disfigured by thalidomide. Like the genetically disabled, such
people have had to struggle to find acceptance within a society which
stigmatises any deviance from the perceived norm; they have had to battle to
have their unique experiences and difficulties recognised. It is probably
equally true of both groups that, as their numbers diminish, so will their
political ‘clout’. Equally, their very rarity may increase their social
alienation, their ‘freak’ status.
But is this sufficient reason
to continue using thalidomide? Should doctors continue to prescribe it,
ensuring the birth of successive generations of babies with withered limbs,
so that the plight of those who already exist will not be made worse? And if
not, is there any more compelling reason to force prospective parents to
risk giving birth to disabled children by denying them access to genetic
screening?
There is also the argument
that the very existence of PGD constitutes an ‘insult’ to the disabled.
The implicit but obvious message of PGD, some claim, is that had it been
available to previous generations, today’s disabled populace would simply
not exist. They would have been ‘screened out’ as unfit for life, cast
aside like defective goods. It is not difficult to imagine how distressing
this perceived message may be to some existing disabled persons. Believing
that your parents would have chosen not to bring about your existence had a
choice existed could very well have a detrimental impact upon both self
image and family relationships.
Yet in a very real way, we all
owe our existence to the absence of choice available to our ancestors. When
I consider the number of variables which had to coincide in just the right
way to bring about the birth of Colin Gavaghan, from my parents’ meeting
to their mating, and indeed for all the generations before them, it is
difficult not to be struck by the staggering odds against ‘my’ ever
existing at all. And it is equally difficult not to believe that, had all
those ancestors had information about and access to effective contraception,
some might just have used it, thereby ensuring that I never came into being.
I owe my existence to their absence of choice, as, almost certainly, does
everyone reading this. Does that fact entitle us to impose a similar absence
of choice on today’s potential parents?
The interests of existing
disabled persons present some of the more troubling questions about PGD. It
is hardly surprising that many of those affected by genetic disorders are
reluctant to pop the champagne corks at the news of a technology which would
have screened them out of existence. Yet the knowledge, or suspicion, that
their own parents would have preferred a different, healthy child had the
choice existed will continue to disturb some whether or not PGD is an option
for a new generation. Our society may be lacking in the provision it makes
for the disabled, not only in the practical sense of providing wheelchair
ramps or whatever, but in creating an environment in which they can feel
accepted and welcome. When certain disabled activists seem to be insisting
that prospective parents have a duty to add to the ranks of the disabled,
when for whatever reason they wish to avoid doing so, it is more difficult
to sympathise with their demands.
Those actually born after
PGD
As with those children born to
post-menopausal women or same-sex couples, concern is frequently expressed
for those children born as a result of embryo selection. What will be the
effects of this unusual origin upon their mental and emotional well-being?
Arguably, the knowledge that they were selected in this way will burden the
child with unrealistic expectations. Jude Law’s character in Gattaca
is so haunted by his failure to live up to the quality of his
premier-quality genome that he several times attempts to take his own life
(for those yet to see the movie, I won’t reveal whether he is successful).
Yet both literature and real
life are replete with accounts of children who have been unable to conform
to their parents’ Willie Loman-esque expectations. A couple of years ago,
the newspapers carried tragic tales of Japanese schoolchildren driven to
suicide by parental pressure to succeed at school. I personally know of
several cases of parents unable to accept that their capital outlay on the
best fee-paying schools has not guaranteed academic excellence. PGD may be
used to prevent cystic fibrosis or Tay Sachs Disease, but it cannot prevent
bad parenting. By the same token, though, it will not invent it.
Of course, there may be unique
and unforeseeable burdens associated with being a ‘designer baby’; the
technology is still too new to be certain. Equally, though, there are unique
burdens associated with being born into a mixed race family. Or a family
with a history of criminality. Or a history of notable achievement in some
area. As Derek Parfit has famously illustrated though, it is difficult to
identify precisely who is harmed by the birth of a child into such
‘difficult’ environments. For such children, after all, the alternative
of being born into a ‘normal’ family was not on offer. Rather, the only
alternative for this particular child was never to be born at all. Unless we
are willing to say that the lives of such children will predictably be so
blighted, that their quality of life will be so wretched that their very
existence is an injury to them, then it is difficult to see how we protect
them by preventing them from being born.
The spectre of eugenics?
Some grit on the slippery slope
For many, though, what is
objectionable about the Genetic Supermarket lies not in the immediate risk
of harm it poses to any identifiable person(s), but in the possibility of
where it will lead. In particular, the ubiquitous spectre of the eugenics
movement overshadows every debate on the subject of genetics. So appalling
were the attempts at genetic engineering carried out in the first half of
the century in the USA and Europe – and, most tragically, Nazi Germany –
so blatant the ignorance, prejudice and brutality associated with it, that
the mere mention of the word ‘eugenics’ is for many reason enough to
fear the new genetics.
While to some extent
understandable, there is something ironic about a fear of eugenics being
used to justify greater restrictions on reproductive freedom. At its core,
the eugenics movement involved the relegation of the interests and freedom
of individuals beneath those of some vague concept like the nation, the race
or the species. In contrast, the Genetic Supermarket promotes individual
reproductive choice. Rather than their reproductive autonomy being
encroached upon by the state, prospective parents will be able to choose for
themselves whether to make use of this technology.
It is not impossible that
totalitarianism will return to Europe once more, and that genetic screening
may be imposed upon the unwilling. What is more improbable is that the
Genetic Supermarket, with its emphasis upon individual choice, will bring
this possibility nearer. If PGD is to be banned, if that particular option
is to be closed to us, some more rigorous objection is surely required than
speculation about how it might be abused in a hypothetical future world
changed beyond all recognition.
Conclusion: Where is the
harm?
This discussion may seem
unduly skewed in favour of PGD, or, more accurately, the option of PGD. In
so doing, I have sought not to make light of the very real ethical questions
and concerns posed by these and other new reproductive technologies. Rather,
my objective has been to provide a counter-balance to the unwavering
negativity manifested in movies like Gattaca – and a reminder that,
if we take the liberty presumption seriously, we need stronger justification
for a ban than gut-level unease and kneejerk conservatism. Like so many
products of the reproductive revolution, PGD is strange, alien, and, for
many, frightening. It involves humans assuming control of an area of life
which previously lay beyond our hands, and we are right to ask searching
questions about how that control will be exercised. It is vital, though,
that these questions be addressed in an informed and level-headed manner.
Andrew Niccol’s business is
excitement, entertainment, and sensationalism; it would be unrealistic to
expect his depiction of the future to be particularly consistent, balanced
or even plausible. Decisions about the availability of PGD taken in the real
world, however, have to be all of these things. If we need guides through
the new moral maze of genethics, let’s look to philosophy, sociology and
science rather than Hollywood. Jude Law and Uma Thurman are beautiful and
talented young people. As bioethicists, however ... they make very good
actors.
© Colin Gavaghan 1998
Colin Gavaghan has just
been appointed Lecturer in Medical Law at Glasgow University. (This article first appeared in
Philosophy Now Issue 22.)
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