Designer Baby: Legal Perspective in India


Designer Baby: Meaning

Designer baby is a human embryo which has been genetically modified, usually following guidelines set by the parents or scientists to produce desirable traits. This is done by using various methods such as germline engineering or pre-implantation genetic diagnosis. A designer baby is a baby genetically engineered in vitro for specially selected traits, which can vary from lower disease risk to gender selection.

In simple terms, the designer baby refers to a baby whose genetic makeup has been artificially selected by genetic engineering combined with in vitro fertilization (IVF) to ensure the presence or absence of particular genes or characteristics. Using biotechnology, to choose what type of baby you want? What traits could be changed in a designer baby; gender, appearance, intelligence disease and personality

“Adam Nash” is the world’s first known designer baby. Using a revolutionary new technique, called a pre implantation process. Scientist genetically selected his embryo so that he would have the right cells to save the life of his dying sister.

Harsha Chawda, India’s first test tube baby was born in 1986. IVF, the techniques used then, has since gone on to prove a blessing for several infertile couples.

In Vitro Gametogenesis (IVG) is a newer form of an Artificial Reproductive Technology. This technique is useful not only for infertile couples but also for post-menopausal women, gay couples, single people and even groups of more than two individuals etc to have their own children. This technique involves artificial construction of gamete. The production of gametes along with their fusion occurs in laboratory leading to creation of an embryo.

There are two genetically modified techniques are as follows:

1.     HUMAN GERMLINE ENGINEERING

Generally, it is the process by which the genome of an induvial is edited in such a way that the change is heritable. It should not be confused with gene therapy. While gene therapy does change the genome of targeted cells, these cells are not within the germline, so the alteration are not heritable and cannot be passed on to the next generation.

Genetic Engineering of Human Gametes, Zygotes, or Embryos

Genetically modified human creation can be turned into reality must faster by combining IVG & targeted gene editing technology. This will help parent parents to select the best embryo as well as facilitate alteration of certain set of gene, thus generating their version of “perfect Child” with traits such as height, skin color, eye color, intelligence level & many other things. The other use with designer babies concerns possible use of gene therapy to create desired traits of child as related to sex, hair color & various other cosmetic traits.

Understanding of Genetic for Human Traits

Genetics explain the process of parents passing down certain genes to their children. Gens are inherited from both biological parent & each and every gene expresses a specific trait. Scientists have been able to better understand the genetic traits of human through a project called “The Human Genome Project”. This was launched around 1990 & was an international research project that had an end goal of mapping.

Current Scenario 

The scientific community and global community are quite divided regarding whether human germline engineering should be done or not. It is currently banned in many of leading developed countries and highly regulated in the others due to ethical and moral issues. This topic is presently comes under hotly debatable as the side opposing human germline modification believes that it will be used to create human with desirable traits.

The main argument which is in against HGE states in the ethical & moral feelings that it will dehumanize children. As with this, parents may be able to design their child completely which leads to fear that children will transform into an object rather than a human child. Those which are in favor of human germline modification see it as a medical tool or a medical cure for certain disease that lie within then genetic code.

So, this is a typically hotter and debatable topic as well as a clash between religious and scientific point of view that weather it is acceptable or not in today global world.  

2.     PRE-IMPLANTATION GENETIC DIAGNOSIS

PGD is the genetic profiling of embryos prior to implantation & sometimes even of oocytes prior to fertilization. It used to screen for a specific genetic disease, its main advantage is that it avoids selective pregnancy termination as the method makes it highly likely that the baby will be free of disease under consideration.

Three Parent Baby

Three parent baby are human offspring with three genetic parent, in other words created through a specialized form of IVF in which the future child’s DNA comes from third person. The process is intended to prevent mitochondrial diseases.

Conclusion

In the society like India, where pre-natal sex determination is banned due to strong cultural & religious preferences for the male child so this era of IVG & designer babies could lead to a further deterioration of sex ratio. Instead of determining gender, parent could choose to engineer the same prior to conception & evade law, therefore, it should be come with huge strict laws in terms of developing internationally accepted scientific protocols as well as clear ethical norms & practices.

Legal & Regulatory Framework

The legal framework in various jurisdictions is diverse, taking into consideration the vast differences in social, cultural and moral norms. It is nonetheless important to see the legal and regulatory framework in India to understand the law and how it is treated the germ line gene editing.

India does not have any specific law that explicitly prohibits genetic editing of germ lines. However, the Indian Council of Medical Research (ICMR) a government organization, published the National Ethical Guidelines for Biomedical and Health Research on Human Participants (Ethical Guidelines), which prohibited “eugenic genetic engineering for changing/selecting/altering genetic characteristics and creating so called designer babies” In addition to the Ethical Guidelines, the National Guidelines for Stem Cell Research 2017 published by the ICMR and the Department of Biotechnology, Ministry of Science & Technology, provide all the necessary guidance for cellular research including gene editing or modification, human germ-line engineering and reproductive cloning. The Guidelines prohibit research related to human germ line gene therapy in the current state of scientific knowledge and understanding. Research involving implantation of human embryos after in vitro manipulation, at any stage of development, into uterus in humans or primates is also strictly prohibited. To the extent that genome modification is permitted, such modification can only be done through in vitro studies (i.e. outside the human body) and requires thorough review by the Institutional Committee for Stem Cell Research, the Institutional Ethics Committee and the Institutional Biosafety Committee and the Review Committee on Genetic Manipulation. So studies can only be conducted on spare embryos, germ-line cells or gametes. Further, the genome modified human embryos should not be cultured beyond 14 days of fertilization or formation of the primitive streak, whichever is earlier to ensure that these embryos should not have a possibility of being inserted into the womb.

Therefore, any research that may lead to creation of designer babies is prohibited by non-mandatory guidelines in India. More than legal restrictions, it is the ethical and social concerns surrounding creation of designer babies that act as a major roadblock for the science.

By:- Anshul Dhingra, 

(Currently Pursuing, fifth-year of BBA-LLB (HONS.) course, from GGSIP University)



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