Cloning and the Creation of Saviour Siblings from the Perspective of Criminal Law and Ethics

Author:Florentina Pusca
European Integration - Realities and Perspectives. Proceedings 2017
Cloning and the Creation of Saviour
Siblings from the Perspective of Criminal Law and Ethics
Florentina Pușcă1
Abstract: In this paper we have examined the role of criminal law and ethics regarding the creation of saviour
siblings, since there is no European or international settlement for this field, only for IFV technique. The
concept of a saviour baby or saviour siblings means a child who is born to provide an organ or cell transplant
(through the donation of body fluids, umbilical cord blood, a non-vital organ or tissue) to save a sibling from
illness or death. Cloning ensures that the new child is an appropriate match for the existing person, since they
would be genetically si milar. Creating a child for the purpose of saving another child violates the formula of
humanity because the child is created for this end. The results of this research are of interest to law school
students, teachers and researchers in the legal field.
Keywords: saviour siblings; cloning; humanity; criminal law
1. Introduction
We are dealing in the third millennium with a world whose development has taken an unprecedented
momentum in which science and technology open up new horizons that give hope to improving the
quality of life and even the prospect of interventions on the course of one's own destiny.
The world goes through the third industrial period, one based mainly on the applications of informatics,
chemistry, biology and medicine. Human society faces a series of questions that often seem to have been
unresponsive or sometimes given too many answers based on considerations of the most varied
(scientific, ethical, religious) and subjective opinions, so that they become a confrontation of opinions
and ideas that engage large masses of supporters, without being able to provide general satisfying
solutions to these issues and current questions of particular importance. They divide the society and give
rise to conflicts.
Genetic research, culminating in the decoding of the human genome, the cloning issues have prompted
a particular response from the public opinion and the media, triggering discussions and responses to
these delicate issues from all social groups, both at national and international level. (Pattinson, 2005, p.
Man desires more and more to be credited into creator, to decide his own fate, to hold power over life
and death. However, in search of these possibilities, the man does not know where he is heading, if the
result of these researches and changes is beneficial or harmful to him and the society.
1 Senior Lecturer, PhD, “Danubius” University o f Galati, Romania. Address: 3 Galati Boulevard, 800654 Galati, Romania.
Tel.: +40.372.361.125, fax: +40.372.361.290. Corresponding author:

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