REPRODUCTIVE MEDICINE AND ASSISTED

REPRODUCTIVE TECHNOLOGIES (A.R.T.)

AHMAD FAIZ BIN ZAIDIAZMAN
MUHSIN BIN TUMIN

ISSUE
Whether Pre-implantation Genetic (PGD) is the
appropriate method for Kapoors to use it as
assisted reproductive technologies.

Assisted Reproductive Technologies (A.R.T)

The technics involves in the management of
infertility
It require the handling and manipulation of
gametes and embryos and treatment
To induce ovulation and spermatogenesis
(where the reproduction cell being produce)
E.g. 1. in-vitro fertilisation (I.V.F)
2. Artificial insemination (A.I)
3. Pre-implantation genetic diagnosis (P.G.D)
4. Surrogate Parenting

Pre-Implantation Genetic Diagnosis (P.G.D)

A very specialised techniques use to identify
genetic defects in embryo created through I.V.F.
before transferring them into the uterus.
P.G.D. provides an alternatives where in normal
usual practise pregnancy termination will be
done if the result are unfavourable.

THE RISK AND HARM OF A.R.T.

PGD and PGS require in vitro fertilization (IVF), which
involves risks of ovarian hyper stimulation syndrome,
multiple pregnancy, and increased risk of birth defects not
related to the genetic test.
Risk of biopsy or freezing harming the embryo(s).
False negative results could mean an abnormal embryo is
transferred to the uterus, resulting in a possible
miscarriage, and healthy embryos are discarded, limiting
chances of a healthy pregnancy.
Test could reveal there are no normal embryos to transfer.
Tests do not screen for all possible genetic diseases or
disorders, so a healthy baby is not guaranteed from a
tested embryo.

BENEFITS OF P.G.D.
Genetic testing such as reimplantation genetic diagnosis
(PGD) and preimplantation genetic screening (PGS) can
help detect known genetic diseases or chromosomal
abnormalities.
Identifies abnormal embryos, preventing unhealthy
embryos from being transferred to uterus.
Reduces multiple pregnancy risk by identifying healthy
embryos for implantation.
Decreases risk to couples or individuals with serious
inherited disorders of having children affected with
same problem.

LEGAL AND ETHICAL ISSUE

Woman as risk bearers
- have to suffer a painful and harmful stages
for reproduction procedure.
-lack of informed consent where
understanding of practise in medical law, risk
involve and possibility of success insufficiently
obtained
-Medical practitioners are to make profits and
disregard the women interest.

LEGAL AND ETHICAL ISSUE

P.G.D. creates Gods among us where the baby
is designed with characteristic and desire of the
parents
- It is against religion, moral and ethics and
violates the law of nature.
emotional aspect- baby is expected to be perfect
based on the needs of the parents.
- however, to cure disease it is permissible

Adam Nashs Case

Adam's parents conceived him through in-vitro
fertilization and pre-implantation genetic diagnosis
(PGD) so he could donate cord blood to his sister,
Molly, who was born with Fanconi Anemia and be
free of the disease himself.
Fanconi Anemia is deadly genetic disease that
causes bone marrow failure resulting in leukimia
and other form of cancer.
The blood from Adam's umbilical cord was
transplanted to his sister.
Adam has been called "the world's first savior
sibling

POSITION IN UK
Human Fertilisation and Embryology Act 1990.
- Had been updated and modernise where it is
known as human fertilisation and Embryology
Act 2008.
- guidelines on fertility treatment for all clinics.

R v Human Fertilisation and Embryology

Authority Ex p Blood (1977)
The Court ruled that Mrs Blood may not lawfully be treated
with the sperm of her late husband in this country. That is
because Mr Blood did not give his written effective consent.
Such consent is required by the Act both for storage and for
use when (as here) people arc not being treated together.
The Court decided that the Members of the Authority should
reconsider whether to allow Mrs Blood to export the sperm
for treatment. This was principally because the Court has now
clarified the law by emphasising that a person's gametes must
not be stored in this country without that person's written
consent. Accordingly this is a problem that cannot recur.

Quintavalle v Human Fertilisation and

Embryology Authority [2005] HL
D, the HFEA issued a licence to parents of sixyear old boy suffering from a rare and potentially
fatal blood disorder (beta thalassaemia] to
enable them to create a sibling whose tissue
would match and offer hope of treatment.
C, Josephine Quintavalle a campaigner opposed
such interference, claimed the whole concept of
designer babies was against the law.

APPLICATION IN UK
Laura Riley, director of Progress Educational
Trust, commented that the House of Lords
decision 'should be applauded', but said that
'unfortunately for the Hashmis themselves, their
attempts to have a healthy child who could also
help save the life of their son Zain have been
severely hampered by pro-life group Core's
efforts, over the last two and a half years, to deny
the legitimacy of this procedure.

POSITION IN MALAYSIA
Under the civil laws, there are no legislations,
which directly governs either the act of surrogacy
or the status of a child resulting from such an
arrangement. The relevant legislation which
governs family matters amongst the non-Muslim
population in Malaysia is the Law Reform
(Marriage and Divorce) Act 0f 1976 whilst the
Muslims are bound by the Shari`ah law either
those which had been legislated or not.

POSITION IN MALAYSIA [ NON MUSLIM ]

For non-Muslims, a child brought about by a surrogacy arrangement would,
under the Malaysian law could have two possible statuses.
Firstly, if the surrogate mother is a married woman, then she will be
considered as the mother of the child and her husband would be considered
as the father. This possibility is also supported by s. 87 of the Law Reform
(Marriage and Divorce Act 1976) which provides:
"In this Part, wherever the context requires, `child' has the meaning of
`child of the marriage' as defined in Section 2 who is under the age of
eighteen years.
The second possibility would arise in a situation where the surrogate was an
unmarried woman. Due to her unmarried status, the resulting child would most
definitely under Malaysian law be an illegitimate child. The commissioning
father will not be recognized in law as the legitimate father of the child, but the
law does recognize him as the child's natural father. However, again, the
commissioning father would not be able to obtain custody or guardianship
over the child.

POSITION IN MALAYSIA [MUSLIM]

Surah Ash-Shuraa 42 : 49
To Allah belongs the kingdom of the heavens and the earth. He
creates whatever He pleases. He gives daughters to whom He pleases
and gives sons to whom He pleases.
Two hadiths related from the Prophet SAW has helped us to have a
better insight into the science of genetics.
Select your spouses carefully in the interest of your offspring because
lineage is a crucial issue
Do not marry your close relatives because you will beget weak
offsrpings

FATWA OF MUFTI

The practice of designer babies is

unlawful in Islam.
It will lead people to be arrogant and
they will tend to do anything they like
without any limitation
However, PGD is permissible in cases
for curing genetic diseases and other
medication purposes

APPLICATION IN UK
UKs Court of Appeal have overturn the decision
in Hashmis case.
Thus allow PGD to be practise in UK.
In UK position, Kapoors is allowed to do PGD.

APPLICATION IN MALAYSIA
Because Mr. and Mrs. Kapoor are non-muslim, applying Section
87 of Law Reform Marriage Act 1976, they are married couple
who take the defected gene from the same embryo of the mother.
Their designed child are still their valid child because the gene
are origin from the Mrs Kapoor, only being treated to obtained
disease-free gene and perfected the blood match to cure their son
Dev.
If Kapoors are Muslim or mamak, it is prohibited to them to use
PGD as treatment merely to get perfect hindustani son.
However, because their son Devs life are threatened and in
dangerous situation, they may use PGD as alternative to save Dev
based on Shariah Law ruling.

APPLICATION
PGD is the most suitable treatment because the
method used is detecting the defected genes and
prevent them from being transferred into the uterus.
This method can be apply to the newborn baby to
ensure the genes in the embryo did not contained
any disease and provide perfect blood match of
tissues to be transferred to Dev to save his life.
The blood transfusion can be done by creation of
such perfect embryo in favour of Mr and Mrs.
Kapoors Devs need

CONCLUSION
PGD are the best method to provide cure for Mr. and
Mrs. Kapoors son, Dev, where it will be done to obtain a
perfect blood match for Dev.
In UK position, it was allowed for Kapoors couple as the
decision are based on pro life procedure which require
method to save the childs life.
In Malaysia position, the designed child are still treated
as a valid child of Kapoors because it was treated from
the mothers embryo.

Madam cakap
Focus on Adam Nash case
Application sekalikan UK/Malaysia just apply
once
If the question used non-Muslim, no need
Muslim law on PGD
Benefits and risk/harm of PGD not necessary
just focused on Legal/ethical issue
Muhsin hebat