In general, while there are several laws in various countries regulating human cloning, most of them have loopholes which scientists could take advantage of to produce human clones. The UK's Human Fertilisation and Embryology Act of 1990 is widely regarded as the most comprehensive attempt to regulate human reproduction, yet even that has been criticized for not regulating nuclear transfer. As of now, few countries have laws unequivocally prohibiting human cloning by nuclear transfer, especially the production of hybrid animal-human embryos.

The US-

• The United States allows government funding of human embryo research without government regulation. However, only private companies are allowed to produce human cloned cells.

• After the cloning of Dolly, in March 1997, President Clinton introduced a ban on using federal funding on research related to attempts to clone human beings.

• The President also ordered for the National Bioethics Advisory Commission to issue a report in 3 months on the ethical and legal issues associated with human cloning.

• In June 1997, the Commision, in its report noted that because of the risks involved with human cloning at this point, it was morally unacceptable to proceed with human cloning. Thus it advocated the banning of any use of nuclear transfer to produce a human clone, including for research. However, it also recognized the great uses of human cloning in medical research and thus recommended that any legislation for human cloning be regulated periodically so as not to interfere with medical research.

• In August 1997, President Clinton proposes banning human cloning for at least 5 years to allow the National Bioethics Board time to study the involved bioethical and social isssues, and to practically assess the risks of human cloning.

• In September 1997, 64, 000 scientists and physicians sign a voluntary five-year moratorium on human cloning.

• In January 1998, in partial response to Dr. Seed's announcement of his intention to open a human cloning clinic for infertile couples, the Food and Drug Administration announced its right to prevent anyone from setting up a human cloning clinic in the US on the ethical grounds that the procedure is unsafe.

• The National Institutes of Health (NIH) wants to allow government money to be used for research on therapeutic cloning. The NIH plans to issue revised guidelines later this year.

• On the other hand, some Congress members have called for legislation for human embryo research for private companies.

Cloning Legislation in Congress (1998-1999)

• Several federal bills have been drafted, but they have all been vetoed by Congress. Some states have passed their own laws and regulations, banning human cloning temporarily. Here are some of the proposed bills

· To prohibit the use of Federal funds for human cloning research. (February 1997) (Introduced in the Senate)[S.368]

- Bans the use of federal funds for research to do with human cloning, defined as "the replication of a human individual by the taking of a cell with genetic material and the cultivation of the cell through the egg, embryo, fetal, and newborn stages into a new human individual."

- Implications: Defines what human cloning is, so as to close out any loopholes about the definition of the proces, and at which stages human clones will be condoned.

· Human Cloning Prohibition Act (March 1997) (Introduced in the House)[H.R.923]

- States that it is "unlawful for any human person to use a human somatic cell for the process of producing a human clone."

- Implications: Outlaws human cloning.

· Human Cloning Research Prohibition Act (March 1997) (Introduced in the House)[H.R.922]

- Bans the use of federal funds for research that involving the use of somatic cells in humans.

- Implications: Specifies that nuclear transfer would not be supported by federal funding to produce human clones, not even for research. Since at the present moment nuclear transfer is the only feasible method of cloning humans, this law effectively bans all human cloning.

· Human Cloning Prohibition Act (January 1998) (Introduced in the Senate)[S.1574]

- Gives the federal government the moral right to prohibit human cloning. Prohibits human cloning and research on human cloning. Prohibits federal funding of any project researching human cloning. Defines cloning as "the practice of creating or attempting to create a human being by transferring the nucleus from a human cell from whatever source into a human egg cell from which the nucleus has been removed for the purpose of, or to implant, the resulting product to initiate a pregnancy that could result in the birth of a human being." States penalties for violation of this law.

- Implications: Will effectively ban all advancement of human cloning, even for making progress in the medical field.

· Human Cloning Research Prohibition Act (January 1998) (Introduced in the House)[H.R.3133]

- Bans the use of federal funds for experiments that will use human somatic cell nuclear transfer. After five years, the Director of the National Science Foundation will report on the effects, if any, that this bill had on research, and suggest any needed changes to the bill. The bill also guarantees the freedom to use somatic cell nuclear transfer on any animals other than humans.

- Implications: This law seeks to only prohibit the use of nuclear transfer in humans, but not for other organisms, especially for the next five years, to allow time for the National Science Foundation to assess the effects of human cloning and suggest the best way to regulate human cloning.

· Human Cloning Prohibition Act of 1998 (February 1998) (Introduced in the Senate)[S.1599]

· Human Cloning Prohibition Act (Placed in the Senate)[S.1601]

- Seeks to prohibit the use of nuclear transfer in human cloning, especially for the intention of using the human clones in research. It suggests setting up the National Commission to Promote a National Dialogue on Bioethics comprising of experts in fields such as science, theology, and law to serve as an independent source of information on public opinion on human cloning. It will report to Congress its findings and recommendations.

- Implications: This law seeks to ban any attempt to carry out human cloning to produce subjects solely for unethical reseach. It also seeks to obtain feedback on experts in related fields.

· Prohibition on Cloning of Human Beings Act of 1998 (Introduced in the Senate)[S.1602]

· Prohibition on Cloning of Human Beings Act of 1998 (Placed in the Senate)[S.1611]

- Prohibits for 10 years any person from cloning a human by using nuclear transfer, based on the risks that the procedure faces at this point. The law extends to both privately- and publicly-funded research projects, and seeks to ban the shipping of human clones within the United States and also to other parts of the world (it also called for the United States to actively cooperate with other countries to regulate human cloning). The bill defined several key terms, mainly cloning, nucleus, oocyte, somatic cell, and somatic cell nuclear transfer. It took care to protect ongoing research to do with cloning and gene therapy. It also requested for the the National Bioethics Advisory Commission to report to the President and Congress about the science and ethical issues associated with cloning technology and to comment on whether or not the moratorium should be continued.

- Implications: While reiterating the call for a ban on nuclear transfer in humans, this law was drafted so as not to interfere with any biomedical research involving the cloning of cells, tissues, DNA and animals that was vital to disease research.

· Paul Human Cloning Prevention Act of 1999 (Introduced in the House) [HR 571]

The United Kingdom-

• In the UK, all research on human embryos are regulated by the Human Fertilization and Embryology Act of 1990. This bans the cloning of humans to create babies or embryos for research.

• The UK allows scientists to conduct research embryos up to the age of 14 days old for issues related to fertility and congenital and other disorders. Research is not allowed on the study of diseases that are acquired as an adult.

• In the UK, the Human Fertilization and Embryology Authority is in charge of regulating all research on human embryos. In 1998, the Authority, together with the Human Genetics Advisory Commisssion, published a report based on its findings that the UK public rejected cloning humans for the sole intention of reproduction. It supported this stance against human cloning, but advocated the cloning of embryos for the development of cells and tissues for use in the medical field. It also pushed to be given the power to authorize such research, since existing laws did not specify such research.

• In response to this report, in June 1999, the UK government reaffirmed its ban on human reproductive cloning, but set up an independent advisory group to assess the potential benefits of cloning techniques for therapeutic purposes by collecting the views of experts across the UK and from other countries on this area. One particular area they are studying in depth is the use of human embryos for researching mitochondrial disease and damaged tissues or organs. They were have to report their findings early this year.

• In August, the UK government announced that it would introduce laws that would allow scientific research on human embryo cells, such that the UK might be the first country to authorize human cloning. This law would allow therapeutic cloning, the production of pre-embryos, which are in effect tiny masses of cells, from which stem cells could be obtained. These stem cells could potentially be used to treat organ and tissue failure and other diseases such as diabetes. However, government officials reiterated that they will not endorse human cloning as a means of reproduction. They also recommended that scientists should be continued to be allowed to do research on embryos only up to the age of 14 days, and also that hybrid animal-human embryos be banned. The UK Parliament will vote on the issue this fall. Members of Parliament will be asked to vote according to their own moral beliefs, and not according to their party lines.

Europe-

• Norway has a ban on all human embryo research

• Denmark, France, Germany, Spain, Sweden and the United Kingdom allow human embryo research but have government regulations on all private research

• French President Jacques Chirac has called for an international ban on human cloning

• In Jan 1998, 19 European member nations of the Council of Europe signed an agreement prohibiting human cloning. The protocol drawn up commits the countries to introduce laws to prohibit "any intervention seeking to create human beings genetically identical to another human being, whether living or dead.'' . The countries are Denmark, Estonia, Finland, France, Greece, Iceland, Italy, Latvia, Luxembourg, Moldova, Norway, Portugal, Romania, San Marino, Slovenia, Spain, Sweden, Macedonia and Turkey.

• However, it is indicative that only 19 out of the 40 member nations of the Council of Europe signed the agreement, and that two of Europe's biggest countries, Germany and the UK did not sign the agreeement.

• Germany claims that it has an existing law that forbids all research on human embryos that is more effective and stronger than the protocol drawn up.

• The UK was concerned about defending the freedom of scientic research, and thus refused to sign the agreement.

Rest of the world-

• Australia and Canada allow human embryo research but have government regulations on all private research.

• Israel passed a law in 1998 to ban human cloning for the next five years to allow time for an advisory committee to examine the moral and social issues involved.

• In regards to laws regulating cloning in Japan, while there are no existing laws on human cloning, Yukio Tsunoda, one of the makers of a cloned cow in Japan, has said that "The government wants to inhibit experiments in human cloning." A panel set up by the governments called for the banning of human cloning in a report in June 1998. The government has also moved to prohibit research on human cloning in universities and public research institutes.