Arkansas Human Cloning Ban Goes Into Effect

WHAT IS CLONING?

This section discusses cloning as a scientific concept and describes terms that relate to "cloning" and cloning-related techniques in that context. However, readers should be aware that as legislative definitions of cloning and related terms vary, when a piece of legislation about cloning is being considered, it is important to refer to the relevant definition used in that legislation. A clone is a genetically identical cell or individual descended from one original cell or individual by non-sexual reproduction. The term "cloning" does not just encapsulate the replication of an entire individual, although often this is the public perception. Cloning can occur naturally in the asexual reproduction of plants, the formation of identical twins and the multiplication of cells in the natural process of repair. The cloning of DNA, cells, tissues, organs and whole individuals is also achievable with artificial technologies.

The cloning of a cell or an individual may be achieved through a number of techniques, including:

Molecular cloning: the process of copying genes and other pieces of chromosomes to generate identical material.

Blastomere separation (sometimes called "twinning" after the naturally occurring process that creates identical twins): splitting a developing embryo soon after fertilisation of the egg by a sperm (sexual reproduction) to give rise to two or more embryos. The resulting organisms are identical twins (clones) containing DNA from both the mother and the father.

Somatic cell nuclear transfer: the transfer of the nucleus of a somatic cell into an unfertilised egg whose nucleus, and thus its genetic material, has been removed. (All cells that are not egg or sperm cells are somatic cells). This cloning procedure produces an animal carrying the DNA of only one parent. This type of cloning process was used in 1996 to produce the first mammal cloned from a fully differentiated adult somatic cell, a sheep named "Dolly". A number of scientific review bodies have noted that the term "cloning" is applicable in various contexts, as a result of the development of a range of cloning techniques with varying applications. Two applications of cloning technologies that relate to humans are human reproductive cloning and therapeutic cloning. These terms acknowledge the aim of the cloning and differentiate between the cloning of a whole human individual and the cloning of the component parts (cells and tissues) of a human.

5. TOM STRACHAN and ANDREW P. READ, Human Molecular Genetics 2 (New York: John Wiley &Sons, Inc, 1999): The term 'clones' indicates genetic identity and so can describe genetically identical molecules (DNA clones), genetically identical cells or genetically identical organisms. Animal clones occur naturally as a result of sexual reproduction. For example, genetically identical twins are clones who happened to have received exactly the same set of genetic instructions from two donor individuals, a mother and a father. A form of animal cloning can also occur as a result of artificial manipulation to bring about a type of asexual reproduction. The genetic manipulation in this case uses nuclear transfer technology: a nucleus is removed from a donor cell then transplanted into an oocyte whose own nucleus has previously been removed. The resulting 'renucleated' oocyte can give rise to an individual who will carry the nuclear genome of only one donor individual, unlike genetically identical twins. The individual providing the donor nucleus and the individual that develops from the 'renucleated' oocyte are usually described as "clones", but it should be noted that they share only the same nuclear DNA; they do not share the same mitochondrial DNA, unlike genetically identical twins. ... Nuclear transfer technology was first employed in embryo cloning, in which the donor cell is derived from an early embryo, and has been long established in the case of amphibia. ... Wilmut et al (1997) reported successful cloning of an adult sheep. For the first time, an adult nucleus had been reprogrammed to become totipotent once more, just like the genetic material in the fertilized oocyte from which the donor cell had ultimately developed. ... Successful cloning of adult animals has forced us to accept that genome modifications once considered irreversible can be reversed and that the genomes of adult cells can be reprogrammed by factors in the oocyte to make them totipotent once again. (pp. 508-509)

6. RONAN O'RAHILLY AND FABIOLA MULLER, Human Embryology &Teratology (3rd ed.)(New York: Wiley-Liss, 2001): Biopsy of an embryo can be performed by removing one cell from a 4-cell, or two cells from an 8-cell, embryo. This does not seem to decrease the developmental capacity of the remaining cells. ... The embryo enters the uterine cavity after about half a week, when probably at least 8-12 cells are present and the endometrium is early in its secretory phase. Each cell (blastomere) is considered to be still totipotent (capable, on isolation, of forming a complete embryo), and separation of these early cells is believed to account for one-third of cases of monozygotic twinning. (p. 37)

7. BRUCE CARLSON, Human Embryology &Developmental Biology (St. Louis, MO: Mosby, 1999) (2nd ed.):
... Mammalian embryogenesis is considered to be a highly regulative process. Regulation is the ability of an embryo or an organ primordium to produce a normal structure if parts have been removed or added. At the cellular level, it means that the fates of cells in a regulative system are not irretrievably fixed and that the cells can still respond to environmental cues. Because the assignment of blastomeres into different cell lineages is one of the principal features of mammalian development, identifying the environmental factors that are involved is important. (pp. 44-49); ... Of the experimental techniques used to demonstrate regulative properties of early embryos, the simplest is to separate the blastomeres of early cleavage-stage embryos and determine whether each one can give rise to an entire embryo. This method has been used to demonstrate that single blastomeres, from two- and sometimes four-cell embryos can form normal embryos, ... (p. 44); ... Fate mapping experiments are important in embryology because they allow one to follow the pathways along which a particular cell can differentiate. Fate mapping experiments, which involve different isozymes of the enzyme glucose phosphate isomerase, have shown that all blastomeres of an eight-cell mouse embryo remain totipotent; that is, they retain the ability to form any cell type in the body. Even at the 16-cell stage of cleavage, some blastomeres are capable of producing progeny that are found in both the inner cell mass and the trophoblastic lineage. (p. 45); ... Another means of demonstrating the regulative properties of early mammalian embryos is to dissociate mouse embryos into separate blastomeres and then to combine the blastomeres of two or three embryos. The combined blastomeres soon aggregate and reorganize to become a single large embryo, which then goes on to become a normal-appearing tetraparental or hexaparental mouse. By various techniques of making chimeric embryos, it is even possible to combine blastomeres to produce interspecies chimeras (e.g., a sheep-goat). (p. 45); ... Blastomere removal and addition experiments have convincingly demonstrated the regulative nature (i.e., the strong tendency for the system to be restored to wholeness) of early mammalian embryos. Such knowledge is important in understanding the reason exposure of early human embryos to unfavorable environmental influences typically results in either death or a normal embryo. (p. 46).

... Some types of twinning represent a natural experiment that demonstrates the highly regulative nature of early human embryos, ... (p. 48); ... Monozygotic twins and some triplets, on the other hand, are the product of one fertilized egg. They arise by the subdivision and splitting of a single embryo. Although monozygotic twins could ... arise by the splitting of a two-cell embryo, it is commonly accepted that most arise by the subdivision of the inner cell mass in a blastocyst. Because the majority of monozygotic twins are perfectly normal, the early human embryo can obviously be subdivided and each component regulated to form a normal embryo. (p. 49)

8. WILLIAM J. LARSEN, Essentials of Human Embryology (New York: Churchill Livingstone, 1998): [Monozygotic twinning in humans] "If the splitting occurred during cleavage -- for example, if the two blastomeres produced by the first cleavage division become separated -- the monozygotic twin blastomeres will implant separately, like dizygotic twin blastomeres, and will not share fetal membranes. Alternatively, if the twins are formed by splitting of the inner cell mass within the blastocyst, they will occupy the same chorion but will be enclosed by separate amnions and will use separate placentae, each placenta developing around the connecting stalk of its respective embryo. Finally, if the twins are formed by splitting of a bilaminar germ disc, they will occupy the same amnion." (p. 325)

9. GEOFFREY SHER, VIRGINIA DAVIS, and JEAN STOESS, In Vitro Fertilization: The A.R.T. of Making Babies (copyright 1998 by authors; information by contacting Facts On File, Inc., 11 Penn Plaza, New York, NY 10001): (2) the fertilized egg, which has not yet divided, is now known as a zygote; (3) the egg begins to divide and is now known as an embryo; at this point each blastomere, or cell, within the embryo is capable of developing into an identical embryo." (p. 20)

10. PETER BRINSDEN (ed.), A Textbook of In Vitro Fertilization and Assisted Reproduction , 2nd edition (New York: The Parthenon Publishing Group, 1999); Kay T. Elder, "Laboratory techniques: Oocyte collection and embryo culture", p. 197: "Surprisingly, fragmented embryos, repaired or not, do implant and often come to term. This demonstrates the highly robust nature of the human embryo, as it can apparently lose over half of its cellular mass and still recover."

11. PROFESSOR DR. MITHHAT ERENUS, "Embryo Multiplication": "In such cases, patients may benefit from embryo multiplication, as discussed in the study by Massey and co-workers. ... Since each early embryonic cell is totipotent (i.e., has the ability to develop and produce a normal adult), embryo multiplication is technically possible. Experiments in this area began as early as 1894, when the totipotency of echinoderm embryonic cells was reported ... In humans, removal of less than half of the cells from an embryo have been documented. No adverse effects were reported when an eighth to a quarter of the blastomeres were removed from an embryo on day 3 after insemination. ... Further evidence supporting the viability and growth of partial human embryos is provided by cryopreservation. After thawing four-cell embryos, some cells may not survive, leaving one-, two-, or three-cell embryos. These partial embryos survive and go to term, but at a lower rate than whole embryos. ... Based on the results observed in lower order mammals, the critical period of development to ensure success in separating human blastomeres should be at the time of embryonic gene expression, which is reported in humans to be between the four- and eight-cell stages. .... The second potential method of embryo multiplication is blastocyst splitting. ... Embryo multiplication by nuclear transfer has been used in experimental cattle breeding programs. ... IVF clinics routinely replace multiple (three to four) embryos into the uterus to increase the chances of a successful pregnancy. For couples who have less than three quality embryos for transfer, blastomere separation could be of benefit." [http://www.hekim.net/~erenus/20002001/asistedreproduction/micromanipulation/embryo_multiplication.htm]

12. THE TWINS FOUNDATION New Ways to Produce Identical Twins -- A Continuing Controversy

Identical twins occur naturally approximately 3.5 times out of every 1000 human births. And, to date, scientists still don't know why and can't predict that they will, in any given birth, occur. However, in the last half of this century, and indeed, in the past ten to fifteen years, scientific advances have impacted on twins and other multiples and their families in numerous ways.

Now, a new method of actually producing identical twins looms near. Called "blastomere separation" (the separation of a two- to eight-cell blastomere into two identical demi-embryos), it is potentially one method of helping infertile couples have children through in vitro fertilization (IVF).

The following is excerpted from the medical journal Assisted Reproduction Reviews, May 1994. Dr. Joe B. Massey, who heads an in vitro clinic in Atlanta. Dr. Massey reviews the advances in blastomere separation and discusses the potential indications, benefits, limitations, and ethics of using this method to produce monozygotic twin embryos for IVF patients. The Twins Foundation, by presenting Dr. Massey's material for your information neither advocates nor rejects any such procedures.
Embryo Multiplication by Blastomere Separation-One Doctor's Proposal [Massey] In spite of many advances in human vitro fertilization (IVF), there are still many problems. While leading clinics now have success rates of about 30%, many other clinics lag behind. Still, the number of couples undergoing IVF continues to increase despite high costs.

According to Dr. Massey, "Observations on the potential impact of removing less than half of the cells from the human embryo have been well documented in pre-clinical embryo biopsy studies.
(For more on this story see Research Update Vol. 9, No. 1, 1994)

13. ETHICS COMMITTEE OF THE AMERICAN SOCIETY FOR REPRODUCTIVE MEDICINE, "Ethical Considerations of Assisted Reproductive Technologies": Originally published as a supplement to the ASRM medical journal (Fertility and Sterility 1994;62:Suppl 1), Ethical Considerations for Assisted Reproductive Technologies covers the American Society for Reproductive Medicine's position on several aspects of reproductive medicine, including: ... the moral and legal status of the preembryo, ... the use of donor sperm, donor oocytes and donor preembryos, ... the cryopreservation of oocytes and preembryos, micro techniques such as: zona drilling, microinjection, blastomere separation (cloning), and assisted hatching ... [http://www.asrm.com/Media/Ethics/ethics94.html]

14. AMERICAN SOCIETY OF REPRODUCTIVE MEDICINE

(http://www.asrm.com/Media/Ethics/embsplit.html) Because early embryonic cells are totipotent, the possibility of splitting or separating the blastomeres of early preimplantation embryos to increase the number of embryos that are available for IVF treatment of infertility is being discussed. Because embryo splitting could lead to two or more embryos with the same genome, the term "cloning" has been used to describe this practice. ... Splitting one embryo into two or more embryos could serve the needs of infertile couples in several ways. For couples who can produce only one or two embryos, splitting embryos could increase the number of embryos available for transfer in a single IVF cycle. Because the IVF pregnancy rate increases with the number of embryos transferred, it is thought that embryo splitting when only one or two embryos are produced may result in a pregnancy that would not otherwise have occurred. For couples who produce more than enough embryos for one cycle of transfer, splitting one or more embryos may provide sufficient embryos for subsequent transfers without having to go through another retrieval cycle, thus lessening the physical burdens and costs of IVF treatment for infertility.

15. SOME RECENT IVF RESEARCH IN TWINNING, mDNA:

(A) http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&list_uids=11463142&dopt=Abstract

1: Twin Res. 2000 Dec;3(4):217-23. Related Articles, Links

Assisted reproductive technologies and monozygous twins: implications for future study and clinical practice.

Sills ES, Tucker MJ, Palermo GD.

Georgia Reproductive Specialists LLC, Atlanta 30342, USA. dr.sills@ivf.com

That the zona pellucida (ZP) plays a prominent role in the physiology of some human twinning is an attractive, albeit incompletely proven, medical hypothesis. Indeed, an association has been proposed between manipulation of the ZP and/or native ZP microarchitecture and monozygotic (MZ) twins. Ovulation induction also has been theoretically linked to in vivo ZP alterations facilitating MZ twin development. In vitro fertilization (IVF) relies on necessary (and, in some cases extended) embryo culture techniques potentially creating subtle ZP changes and subsequent MZ twinning. With growing experience in the assisted reproductive technologies and particularly IVF, some preliminary reports have noted an increased frequency of MZ twins after procedures that artificially breach the ZP (i.e., intracytoplasmic sperm injection [ICSI], or 'assisted hatching'). Such ZP manipulations ostensibly enhance oocyte fertilization or facilitate blastocyst hatching, thus improving pregnancy rates for couples undergoing fertility treatment. Evidence exists both to challenge and support the connection between these phenomena and MZ twins. This report outlines the fundamental embryological processes believed responsible for these conflicting observations; the current literature on the subject of human ZP micro-manipulation and MZ twins is also discussed.

Publication Types:
Review
Review, Tutorial
PMID: 11463142 [PubMed - indexed for MEDLINE]

(B) http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&list_uids=10739838&dopt=Abstract

1: Hum Reprod. 2000 Apr;15(4):890-5. Related Articles, Links

Human zona pellucida micromanipulation and monozygotic twinning frequency after IVF.

Sills ES, Moomjy M, Zaninovic N, Veeck LL, McGee M, Palermo GD, Rosenwaks Z.

Center For Reproductive Medicine and Infertility, The New York Presbyterian Hospital-Weill Medical College of Cornell University, New York, New York, USA. dr.sills@ivf.com

To assess the association of zona pellucida micromanipulation and subsequent development of monozygotic twins, cases of assisted embryo hatching (AH) and intracytoplasmic sperm injection (ICSI) were identified and related to treatment type, implantation and zygosity data. Embryology records from all patients undergoing in-vitro fertilization (IVF) at this centre from January 1995 to March 1998 were reviewed. In this study, 3546 transfer cycles were completed, with clinical pregnancy established in 1911 (54% per transfer) patients undergoing a single IVF cycle. These pregnancies occurred in 1674 (88%) IVF cycles, 120 (6%) donor oocyte cycles (DER), and 117 (6%) frozen embryo transfer (FET) cycles. During the study period, 23 cases of monozygotic (MZ) twins were identified, representing an overall frequency of 1.2%. Chorionicity was determined by transvaginal ultrasound at 7 weeks when the number of embryos transferred was less than the number of fetal heart-beats, or when >1 fetal heartbeat per gestational sac was seen. Zygosity was confirmed by placental evaluation at delivery, and corroborated the antenatal diagnosis in all cases. Among IVF study patients the frequency of MZ twinning was not statistically different between zona manipulated and zona intact subgroups. While this investigation is the largest to date describing the relationship between MZ twins and zona procedures, studies with even greater statistical power are needed to clarify it more precisely, particularly in DER and FET settings. PMID: 10739838 [PubMed - indexed for MEDLINE]

Therefore, because of the erroneous scientific definition of SCNT used, as well as the lack of inclusion of any other types of human cloning techniques other than SCNT in these bills, not only would the Arkansas cloning "ban" ban no human cloning, none of these bills so patterned after the Weldon/Brownback cloning "ban" ban any human cloning. - DNI]]

Those who oppose the law contend it will ban research on fetal stem cells, a practice condemned by the pro-life community because it involves the killing of human embryos. But one of the billÕs sponsors, Representative Mike Creekmore (D), notes that "the bill that was passed does not ban stem-cell research. In fact it does not even address it at all."

[[Note the strange use of the term "fetal stem cells". However, stem cells taken from embryos (from the 2-cell embryo through 8 weeks of development) are embryonic stem cells. Stem cells taken from fetuses (from the beginning of 9 weeks until birth) are fetal stem cells. How can stem cells taken from embryos (2-cells through 8 weeks) be fetal stem cells? Well, perhaps one simply designates as "embryonic" what are really "fetal" stem cells, since fetal "tissue" research is now legal? This would then allow the future destruction of new living human embryos for their embryonic stem cells - human embryonic stem cell research - but it will simply be redefined as "fetal stem cell research" or "fetal tissue research"?

Note too that these cloning "bans" do not address the use of destructive human embryonic stem cell research at all -- whether using human embryos reproduced sexually by fertilization or a-sexually by all cloning techniques as the source of those "stem cells". Therefore, important scientific and economic "progress" can still be achieved by killing innocent living human beings as their source of "stem cells"? - DNI]]

Advocates of embryonic stem cell research maintain that it could hold the key to curing conditions such as ParkinsonÕs and heart disease, but pro-life activists maintain that there is little evidence to suggest that such research will yield significant results. In fact, trials involving adult stem cells have proven far more effective than those which rely on embryonic cells. Under the Arkansas law, human cloning would be considered a felony, punishable with prison sentences as long as ten years and fines as high as $10,000.

According to the U.S. Conference of Catholic Bishops, five states have bans on human cloning for any purpose."

[[It is puzzling that the U.S. Conference of Catholic Bishops are not aware of the extensive scientific documentation (e.g., that quoted directly above) that explains that these state "bans" ban no human cloning at all. - DNI]]

As long as the federal ban on human cloning remains blocked in the Senate, it will be very important for states to pass their own bans so they will not become havens for this grotesque practice," said Richard Doerflinger, Deputy Director of Pro-Life Activities for the U.S. Conference of Catholic Bishops.

[[It is also puzzling that Mr. Doerflinger would support these bills since he, as well as many of the sponsors of these bills, have long been made fully aware of the scientific documentation that would render these bills incapable of prohibiting not only human cloning by means of the somatic cell nuclear transfer technique, but indeed human cloning by any of the other cloning techniques as well. - DNI]]

"A growing trend toward state bans on cloning may also encourage federal lawmakers to act," Doerflinger added. "These state laws are also demonstrating that a ban on human cloning poses no threat to progress in biotechnology and medical research. For example, Michigan became the first state to ban human cloning for research purposes in 1998 -- and it has become a leading state in biotechnology development.

[[Although the State of MichiganÕs 1998 cloning "ban" does not use the same erroneous scientific definition of SCNT cloning as described above, unfortunately it only defines "cloning" in terms of the use of the somatic cell nuclear transfer (SCNT) cloning technique:

(a) "Human cloning" means the use of human somatic cell nuclear transfer technology to produce a human embryo." (The 1998 Michigan cloning "ban" can be found at: http://www.michiganlegislature.org/documents/1997-1998/publicact/pdf/1998-PA-0111.pdf. This bill defers to the definition of "cloning" used in the Public Health Code: Act 368 of 1978, 333.16274, found at: http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-333-16274&queryid=4185768&highlight=human%20cloning.)

Therefore, the State of MichiganÕs cloning "ban" is not a "total ban" either; it would prohibit the cloning of living human beings only by the use of somatic cell nuclear transfer (SCNT). It does not prohibit human cloning using any other human cloning techniques, e.g., germ line cell nuclear transfer, twinning, pronuclei transfer, etc. Thus it does not "ban human cloning for research purposes" when these other human cloning techniques are used. - DNI]]

"The Arkansas ban, known as SB 185, was approved 88-5 in the state House and 34-0 in the state Senate. In March, when Arkansas Governor Mike Huckabee signed the bill into law, Douglas Johnson, Legislative Director for National Right to Life, said, "We commend the legislature and Governor Huckabee for taking decisive action to prevent human embryo farming and human fetus farming in Arkansas."

[[It is also puzzling that Arkansas Governor Mike Huckabee seems to think that his bill bans all human cloning, even though I personally sent him a note through his official state web site cautioning him that it could not possibly do so. Contrary to Douglas JohnsonÕs commendation, Governor HuckabeeÕs action would unfortunately not prevent "human embryo farming and human fetus farming in Arkansas." Nor would it prevent any human cloning to be performed using any human cloning techniques whatsoever. - DNI]]


STATE OF ARKANSAS HUMAN CLONING "BAN":

http://www.accessarkansas.org/lobbyist/arliab/src/public/bills/2003/html/sb185.html.

Bill Drafting Template Converted to Office XP*CDW039*

As Engrossed: S2/20/03 SB185

01312003MGF0900.CDW039

Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly.

01312003MGF0900.CDW039

State of Arkansas As Engrossed: S2/20/03

84th General Assembly A Bill

Regular Session, 2003 185

Faris, Horn, Womack, Gullett, Capps, Laverty, Glover, Hendren, Bisbee, G. Jeffress, J. Jeffress, Holt, Trusty, Wilkins, Altes, Baker, Wooldridge

For An Act To Be Entitled

AN ACT TO PROHIBIT HUMAN CLONING; AND FOR OTHER PURPOSES.

Subtitle AN ACT TO PROHIBIT HUMAN CLONING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

SECTION . Arkansas Code Title , Chapter , is amended to add an additional subchapter to read as follows:

20-16-1001. Definitions.

As used in this subchapter:

(1) "Asexual reproduction" means reproduction not initiated by the union of oocyte and sperm;

(2) "Embryo" means an organism of the species homo sapiens from the single cell stage to eight (8) weeks of development;

(3) "Fetus" means an organism of the species homo sapiens from eight (8) weeks of development until complete expulsion or extraction from a woman`s body, or removal from an artificial womb or other similar environment designed to nurture the development of the organism;

(4) "Human cloning" means human asexual reproduction, accomplished by introducing the genetic material from one (1) or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated so as to produce a living organism, at any stage of development, that is genetically virtually identical to an existing or previously existing human organism;

(5) "Oocyte" means the human female germ cell, the egg; and

(6) "Somatic cell" means a diploid cell, having a complete cell of chromosomes, obtained or derived from a living or deceased human body at any stage of development.

20-16-1002. Prohibited acts - Penalties.

(a) It is unlawful for any person or entity, public or private to intentionally or knowingly:

(1) Perform or attempt to perform human cloning;

(2) Participate in an attempt to perform human cloning;

(3) Ship, transfer, or receive for any purpose an embryo produced by human cloning; or

(4) Ship, transfer, or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic cell, for the purpose of human cloning.

(b) A violation of subdivision (a)(1) or (a)(2) of this section, or both, is a class C felony.

(c) A violation of subdivision (a)(3) or (a)(4) of this section, or both, is a Class A misdemeanor.

(d) In addition to any criminal penalty that may be levied, any person or entity that violates any provision of this section shall be subject to a civil penalty of not less than two hundred fifty thousand dollars ($250,000) or twice the amount of any pecuniary gain that is received by the person or entity, whichever is greater.

20-16-1003. Scientific research.

(a) This subchapter does not restrict areas of scientific research not specifically prohibited by this subchapter, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.

(b) This subchapter does not apply to in vitro fertilization, the administration of fertility enhancing drugs, or other medical procedures used to assist a woman in becoming or remaining pregnant, so long as that procedure is not specifically intended to result in the gestation or birth of a child who is genetically identical to another conceptus, embryo, fetus, or human being, living or dead.

20-16-1004. No right of action.

This subchapter does not create a private right of action.


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