|
Replies
to Certain Questions of the Day
FOREWORD
The Congregation of the Doctrine of the Faith has been
approached
by various episcopal conferences or individual bishops,
by
theologians, doctors and scientists, concerning biomedical
techniques
which make it possible to intervene in the initial phase of
the
life of a human being and in the very processes of procreation,
and
their conformity with the principles of Catholic morality. The
present
instruction, which is the result of wide consultation and in
particular
of a careful evaluation of the declarations made by
episcopates,
does not intend to repeat all the Church's teaching on
the
dignity of human life as it originates and on procreation, but to
offer,
in the light of the previous teaching of the Magisterium, some
specific
replies to the main questions being asked in this regard.
The exposition is arranged as follows: an introduction will
recall the
fundamental
principles, of an anthropological and moral character,
which
are necessary for a proper evaluation of the problems and for
working
out replies to those questions; the first part will have as its
subject
respect for the human being from the first moment of his or
her
existence; the second part will deal with the moral questions
raised
by technical interventions on human procreation; the third part
will
offer some orientations on the relationships between moral law
and
civil law in terms of the respect due to human embryos and
fetuses
and as regards the legitimacy of techniques of artificial
procreation.
Introduction
1.
Biomedical Research and the Teaching of the Church
The gift of life which God the Creator and Father has
entrusted to
man
calls him to appreciate the inestimable value of what he has
been
given and to take responsibility for it: this fundamental principle
must
be placed at the center of one's reflection in order to clarify and
solve
the moral problems raised by artificial interventions on life as it
originates
and on the processes of procreation.
Thanks to the progress of the biological and medical
sciences,
man
has at his disposal ever more effective therapeutic resources;
but
he can also acquire new powers, with unforeseeable
consequences,
over human life at its very beginning and in its first
stages.
Various procedures now make it possible to intervene not
only
in order to assist but also to dominate the processes of
procreation.
These techniques can enable man to "take in hand his
own
destiny," but they also expose him "to the temptation to
go
beyond
the limits of a reasonable dominion over nature."(1) They
might
constitute progress in the service of man, but they also involve
serious
risks. Many people are therefore expressing an urgent
appeal
that in interventions on procreation the values and rights of
the
human person be safeguarded. Requests for clarification and
guidance
are coming not only from the faithful but also from those
who
recognize the Church as "an expert in humanity"(2) with a
mission
to serve the "civilization of love"(3) and of life.
The Church's Magisterium does not intervene on the basis of a
particular
competence in the area of the experimental sciences; but
having
taken account of the data of research and technology, it
intends
to put forward, by virtue of its evangelical mission and
apostolic
duty, the moral teaching corresponding to the dignity of the
person
and to his or her integral vocation. It intends to do so by
expounding
the criteria of moral judgment as regards the
applications
of scientific research and technology, especially in
relation
to human life and its beginnings. These criteria are the
respect,
defense and promotion of man, his "primary and
fundamental
right" to life,(4) his dignity as a person who is endowed
with
a spiritual soul and with moral responsibility(5) and who is called
to
beatific communion with God.
The Church's intervention in this field is inspired also by
the love
which
she owes to man, helping him to recognize and respect his
rights
and duties. This love draws from the fount of Christ's love: as
she
contemplates the mystery of the Incarnate Word, the Church
also
comes to understand the "mystery of man"(6); by
proclaiming
the
Gospel of salvation, she reveals to man his dignity and invites
him
to discover fully the truth of his own being. Thus the Church
once
more puts forward the divine law in order to accomplish the
work
of truth and liberation.
For it is out of goodness--in order to indicate the path of
life--that
God
gives human beings His commandments and the grace to
observe
them: and it is likewise out of goodness--in order to help
them
persevere along the same path--that God always offers to
everyone
His forgiveness. Christ has compassion on our
weaknesses:
He is our Creator and Redeemer. May His Spirit open
men's
hearts to the gift of God's peace and to an understanding of
His
precepts.
2.
Science and Technology at the Service of the Human Person
God created man in his own image and likeness: "male and
female
he created them" (Gn. 1:27), entrusting to them the task
of
"having dominion over the earth" (Gn. 1:28). Basic
scientific
research
and applied research constitute a significant expression of
this
dominion of man over creation. Science and technology are
valuable
resources for man when placed at his service and when
they
promote his integral development for the benefit of all; but they
cannot
of themselves show the meaning of existence and of human
progress.
Being ordered to man, who initiates and develops them,
they
draw from the person and his moral values the indication of their
purpose
and the awareness of their limits.
On the one hand, it would be illusory to claim that
scientific
research
and its applications are morally neutral; on the other hand
one
cannot derive criteria for guidance from mere technical
efficiency,
from research's possible usefulness to some at the
expense
of others, or, worse still, from prevailing ideologies. Thus
science
and technology require, for their own intrinsic meaning, an
unconditional
respect for the fundamental criteria of the moral law:
that
is to say, they must be at the service of the human person, of his
inalienable
rights and his true and integral good according to the
design
and will of God.(7)
The rapid development of technological discoveries gives
greater
urgency
to this need to respect the criteria just mentioned: science
without
conscience can only lead to man's ruin. "Our era needs such
wisdom
more than bygone ages if the discoveries made by man are
to
be further humanized. For the future of the world stands in peril
unless
wiser people are forthcoming."(8)
3.
Anthropology and Procedures in the Biomedical Field
Which moral criteria must be applied in order to clarify the
problems
posed today in the field of biomedicine? The answer to this
question
presupposes a proper idea of the nature of the human
person
in his bodily dimension.
For it is only in keeping with his true nature that the human
person
can
achieve self-realization as a "unified totality"(9): and
this nature is
at
the same time corporal and spiritual. By virtue of its substantial
union
with a spiritual soul, the human body cannot be considered as
a
mere complex of tissues, organs and functions, nor can it be
evaluated
in the same way as the body of animals; rather it is a
constitutive
part of the person who manifests and expresses himself
through
it.
The natural moral law expresses and lays down the purposes,
rights
and duties which are based upon the bodily and spiritual
nature
of the human person. Therefore this law cannot be thought of
as
simply a set of norms on the biological level rather it must be
defined
as the rational order whereby man is called by the Creator to
direct
and regulate his life and actions and in particular to make use
of
his own body.(10)
A first consequence can be deduced from these principles: an
intervention
on the human body affects not only the tissues the
organs
and their functions but also involves the person himself on
different
levels. It involves, therefore, perhaps in an implicit but
nonetheless
real way, a moral significance and responsibility. Pope
John
Paul II forcefully reaffirmed this to the World Medical
Association
when he said: "Each human person in his absolutely
unique
singularity, is constituted not only by his spirit, but by his body
as
well. Thus, in the body and through the body, one touches the
person
himself in his concrete reality. To respect the dignity of man
consequently
amounts to safeguarding this identity of the man
corpore
et anima unus, as the Second Vatican Council says
(Gaudium
et spes, no. 14, par. 1). It is on the basis of this
anthropological
vision that one is to find the fundamental criteria for
decision-making
in the case of procedures which are not strictly
therapeutic,
as, for example, those aimed at the improvement of the
human
biological condition."(11)
Applied biology and medicine work together for the integral
good
of
human life when they come to the aid of a person stricken by
illness
and infirmity and when they respect his or her dignity as a
creature
of God. No biologist or doctor can reasonably claim, by
virtue
of his scientific competence, to be able to decide about
people's
origin and destiny. This norm must be applied in a particular
way
in the field of sexuality and procreation, in which man and
woman
actualize the fundamental values of love and life.
God, who is love and life, has inscribed in man and woman the
vocation
to share in a special way in His mystery of personal
communion
and in His work as Creator and Father.(12)
For this
reason
marriage possesses specific goods and values in its union
and
in procreation which cannot be likened to those existing in lower
forms
of life. Such values and meanings are of the personal order
and
determine from the moral point of view the meaning and limits of
artificial
interventions regarding procreation and the origin of human
life.
These interventions are not to be rejected on the grounds that
they
are artificial. As such, they bear witness to the possibilities of
the
art
of medicine. But they must be given a moral evaluation in
reference
to the dignity of the human person, who is called to realize
his
vocation from God to the gift of love and the gift of life.
4.
Fundamental Criteria for a Moral Judgment
The fundamental values connected with the techniques of
artificial
human
procreation are two: the life of the human being called into
existence
and the special nature of the transmission of human life in
marriage.
The moral judgment on such methods of artificial
procreation
must therefore be formulated in reference to these
values.
Physical life, with which the course of human life in the
world
begins,
certainly does not itself contain the whole of a person's value,
nor
does it represent the supreme good of man, who is called to
eternal
life. However, it does constitute in a certain way the
"fundamental
value of life, precisely because upon this physical life all
the
other values of the person are based and developed.(13)
The
inviolability
of the innocent human being's right to life "from the
moment
of conception until death"(14) is a sign and requirement of
the
very inviolability of the person to whom the Creator has given the
gift
of life.
By comparison with the transmission of other forms of life in
the
universe,
the transmission of human life has a special character of its
own,
which derives from the special nature of the human person.
"The
transmission of human life is entrusted by nature to a personal
and
conscious act and as such is subject to the all-holy laws of God:
immutable
and inviolable laws which must be recognized and
observed.
For this reason one cannot use means and follow
methods
which could be licit in the transmission of the life of plants
and
animals."(15)
Advances in technology have now made it possible to procreate
apart
from sexual relations through the meeting in vitro of the germ
cells
previously taken from the man and the woman. But what is
technically
possible is not for that very reason morally admissible.
Rational
reflection on the fundamental values of life and of human
procreation
is, therefore, indispensable for formulating a moral
evaluation
of such technological interventions on a human being
from
the first stages of his development.
5.
Teachings of the Magisterium
On its part, the Magisterium of the Church offers to human
reason
in
this field too the light of Revelation: the doctrine concerning man
taught
by the Magisterium contains many elements which throw light
on
the problems being faced here.
From the moment of conception, the life of every human being
is
to
be respected in an absolute way because man is the only creature
on
earth that God has "wished for himself"(16) and the
spiritual soul
of
each man is "immediately created" by God(17); his whole
being
bears
the image of the Creator. Human life is sacred because from
its
beginning it involves "the creative action of God"(18) and
it
remains
forever in a special relationship with the Creator, who is its
sole
end.(19) God alone is
the Lord of life from its beginning until its
end:
no one can, in any circumstance, claim for himself the right
directly
to destroy an innocent human being.(20)
Human procreation requires on the part of the spouses
responsible
collaboration with the fruitful love of God(21); the gift of
human
life must be actualized in marriage through the specific and
exclusive
acts of husband and wife, in accordance with the laws
inscribed
in their persons and in their union.(22)
I
Respect
for Human Embryos
Careful reflection on this teaching of the Magisterium and on
the
evidence
of reason, as mentioned above, enables us to respond to
the
numerous moral problems posed by technical interventions upon
the
human being in the first phases of his life and upon the
processes
of his conception.
1.
What Respect Is Due to the Human Embryo, Taking into Account
His
Nature and Identity?
The human being must be respected as a person--from the very
first
instant of his existence.
The implementation of procedures of artificial fertilization
has
made
possible various interventions upon embryos and human
fetuses.
The aims pursued are of various kinds: diagnostic and
therapeutic,
scientific and commercial. From all of this serious
problems
arise. Can one speak of a right to experimentation upon
human
embryos for the purpose of scientific research? What norms
or
laws should be worked out with regard to this matter? The
response
to these problems presupposes a detailed reflection on the
nature
and specific identity--the word "status" is used--of the
human
embryo
itself.
At the Second Vatican Council, the Church for her part
presented
once
again to modern man her constant and certain doctrine
according
to which: "Life, once conceived, must be protected with
the
utmost care; abortion and infanticide are abominable
crimes."(23)
More recently, the Charter of the Rights of the Family,
published
by the Holy See, confirmed that "Human life must be
absolutely
respected and protected from the moment of
conception."(24)
This Congregation is aware of the current debates concerning
the
beginning
of human life, concerning the individuality of the human
being
and concerning the identity of the human person. The
Congregation
recalls the teachings found in the Declaration on
Procured
Abortion: "From the time that the ovum is fertilized, a new
life
is begun which is neither that of the father nor of the mother; it
is
rather
the life of a new human being with his own growth. It would
never
be made human if it were not human already. To this perpetual
evidence...modern
genetic science brings valuable confirmation. It
has
demonstrated that, from the first instant, the program is fixed as
to
what this living being will be: a man, this individual man with his
characteristic
aspects already well determined. Right from fertilization
is
begun the adventure of a human life, and each of its great
capacities
requires time...to find its place and to be in a position to
act."(25)
This teaching remains valid and is further confirmed, if
confirmation
were needed, by recent findings of human biological
science
which recognize that in the zygote resulting from fertilization
the
biological identity of a new human individual is already
constituted.
Certainly no experimental datum can be in itself sufficient
to bring
us
to the recognition of a spiritual soul; nevertheless, the
conclusions
of
science regarding the human embryo provide a valuable indication
for
discerning by the use of reason a personal presence at the
moment
of this first appearance of a human life: how could a human
individual
not be a human person? The Magisterium has not
expressly
committed itself to an affirmation of a philosophical nature,
but
it constantly reaffirms the moral condemnation of any kind of
procured
abortion. This teaching has not been changed and is
unchangeable.(26)
Thus the fruit of human generation, from the first moment of
its
existence,
that is to say from the moment the zygote has formed,
demands
the unconditional respect that is morally due to the human
being
in his bodily and spiritual totality. The human being is to be
respected
and treated as a person from the moment of conception;
and
therefore from that same moment his rights as a person must be
recognized,
among which in the first place is the inviolable right of
every
innocent human being to life.
This doctrinal reminder provides the fundamental criterion
for the
solution
of the various problems posed by the development of the
biomedical
sciences in this field: since the embryo must be treated as
a
person, it must also be defended in its integrity, tended and cared
for,
to the extent possible, in the same way as any other human
being
as far as medical assistance is concerned.
2.
Is Prenatal Diagnosis Morally Licit?
If prenatal diagnosis respects the life and integrity of the
embryo
and
the human fetus and is directed towards its safeguarding or
healing
as an individual, then the answer is affirmative.
For prenatal diagnosis makes it possible to know the
condition of
the
embryo and of the fetus when still in the mother's womb. It
permits,
or makes it possible to anticipate earlier and more
effectively,
certain therapeutic, medical or surgical procedures.
Such diagnosis is permissible, with the consent of the
parents
after
they have been adequately informed, if the methods employed
safeguard
the life and integrity of the embryo and the mother, without
subjecting
them to disproportionate risks.(27)
But this diagnosis is
gravely
opposed to the moral law when it is done with the thought of
possibly
inducing an abortion, depending upon the results: a
diagnosis
which shows the existence of a malformation or a
hereditary
illness must not be the equivalent of a death-sentence.
Thus
a woman would be committing a gravely illicit act if she were to
request
such a diagnosis with the deliberate intention of having an
abortion
should the results confirm the existence of a malformation
or
abnormality. The spouse or relatives or anyone else would
similarly
be acting in a manner contrary to the moral law if they were
to
counsel or impose such a diagnostic procedure on the expectant
mother
with the same intention of possibly proceeding to an
abortion.
So too the specialist would be guilty of illicit collaboration if,
in
conducting the diagnosis and in communicating its results, he
were
deliberately to contribute to establishing or favoring a link
between
prenatal diagnosis and abortion.
In conclusion, any directive or program of the civil and
health
authorities
or of scientific organizations which in any way were to
favor
a link between prenatal diagnosis and abortion, or which were
to
go as far as directly to induce expectant mothers to submit to
prenatal
diagnosis planned for the purpose of eliminating fetuses
which
are affected by malformations or which are carriers of
hereditary
illness, is to be condemned as a violation of the unborn
child's
right to life and as an abuse of the prior rights and duties of
the
spouses.
3.
Are Therapeutic Procedures Carried Out on the Human Embryo
Licit?
As with all medical interventions on patients, one must
uphold as
licit
procedures carried out on the human embryo which respect the
life
and integrity of the embryo and do not involve disproportionate
risks
for it but are directed towards its healing, the improvement of its
condition
of health, or its individual survival.
Whatever the type of medical, surgical or other therapy, the
free
and
informed consent of the parents is required, according to the
deontological
rules followed in the case of children. The application
of
this moral principle may call for delicate and particular
precautions
in
the case of embryonic or fetal life.
The legitimacy and criteria of such procedures have been
clearly
stated
by Pope John Paul II: "A strictly therapeutic intervention
whose
explicit objective is the healing of various maladies such as
those
stemming from chromosomal defects will, in principle, be
considered
desirable, provided it is directed to the true promotion of
the
personal well-being of the individual without doing harm to his
integrity
or worsening his conditions of life. Such an intervention
would
indeed fall within the logic of the Christian moral
tradition."(28)
4.
How Is One Morally To Evaluate Research and Experimentation
on
Human Embryos and Fetuses?
Medical research must refrain from operations on live
embryos,
unless
there is a moral certainty of not causing harm to the life or
integrity
of the unborn child and the mother, and on condition that
the
parents have given their free and informed consent to the
procedure.
It follows that all research, even when limited to the
simple
observation of the embryo, would become illicit were it to
involve
risk to the embryo's physical integrity or life by reason of the
methods
used or the effects induced.
As regards experimentation, and presupposing the general
distinction
between experimentation for purposes which are not
directly
therapeutic and experimentation which is clearly therapeutic
for
the subject himself, in the case in point one must also distinguish
between
experimentation carried out on embryos which are still alive
and
experimentation carried out on embryos which are dead. If the
embryos
are living, whether viable or not, they must be respected
just
like any other human person; experimentation on embryos which
is
not directly therapeutic is illicit.(29)
No objective, even though noble in itself, such as a
foreseeable
advantage
to science, to other human beings or to society, can in
any
way justify experimentation on living human embryos or fetuses,
whether
viable or not, either inside or outside the mother's womb.
The
informed consent ordinarily required for clinical experimentation
on
adults cannot be granted by the parents, who may not freely
dispose
of the physical integrity or life of the unborn child. Moreover,
experimentation
on embryos and fetuses always involves risk, and
indeed
in most cases it involves the certain expectation of harm to
their
physical integrity or even their death.
To use human embryos or fetuses as the object or instrument
of
experimentation
constitutes a crime against their dignity as human
beings
having a right to the same respect that is due to the child
already
born and to every human person.
The Charter of the Rights of the Family published by the Holy
See
affirms:
"Respect for the dignity of the human being excludes all
experimental
manipulation or exploitation of the human embryo."(30)
The
practice of keeping human embryos alive in vivo or in vitro for
experimental
or commercial purposes is totally opposed to human
dignity.
In the case of experimentation that is clearly therapeutic,
namely,
when
it is a matter of experimental forms of therapy used for the
benefit
of the embryo itself in a final attempt to save its life, and in the
absence
of other reliable forms of therapy, recourse to drugs or
procedures
not yet fully tested can be licit.(31)
The corpses of human embryos and fetuses, whether they have
been
deliberately aborted or not, must be respected just as the
remains
of other human beings. In particular, they cannot be
subjected
to mutilation or to autopsies if their death has not yet been
verified
and without the consent of the parents or of the mother.
Furthermore,
the moral requirements must be safeguarded, that
there
be no complicity in deliberate abortion and that the risk of
scandal
be avoided. Also, in the case of dead fetuses, as for the
corpses
of adult persons, all commercial trafficking must be
considered
illicit and should be prohibited.
5.
How Is One Morally To Evaluate the Use for Research Purposes
of
Embryos Obtained by Fertilization in Vitro?
Human embryos obtained in vitro are human beings and subjects
with
rights: their dignity and right to life must be respected from the
first
moment of their existence. It is immoral to produce human
embryos
destined to be exploited as disposable "biological
material."
In the usual practice of in vitro fertilization, not all of
the embryos
are
transferred to the woman's body; some are destroyed. Just as
the
Church condemns induced abortion, so she also forbids acts
against
the life of these human beings. It is a duty to condemn the
particular
gravity of the voluntary destruction of human embryos
obtained
in vitro for the sole purpose of research, either by means of
artificial
insemination or by means of "twin fission." By acting in
this
way
the researcher usurps the place of God; and, even though he
may
be unaware of this, he sets himself up as the master of the
destiny
of others inasmuch as he arbitrarily chooses whom he will
allow
to live and whom he will send to death, and kills defenseless
human
beings.
Methods of observation or experimentation which damage or
impose
grave and disproportionate risks upon embryos obtained in
vitro
are morally illicit for the same reasons. Every human being is to
be
respected for himself, and cannot be reduced in worth to a pure
and
simple instrument for the advantage of others. It is therefore not
in
conformity with the moral law deliberately to expose to death
human
embryos obtained in vitro. In consequence of the fact that
they
have been produced in vitro, those embryos which are not
transferred
into the body of the mother and are called "spare" are
exposed
to an absurd fate, with no possibility of their being offered
safe
means of survival which can be licitly pursued.
6.
What Judgment Should Be Made on Other Procedures of
Manipulating
Embryos Connected with the "Techniques of Human
Reproduction"?
Techniques of fertilization in vitro can open the way to
other forms
of
biological and genetic manipulation of human embryos, such as
attempts
or plans for fertilization between human and animal
gametes
and the gestation of human embryos in the uterus of
animals,
or the hypothesis or project of constructing artificial
uteruses
for the human embryo. These procedures are contrary to
the
human dignity proper to the embryo, and at the same time they
are
contrary to the right of every person to be conceived and to be
born
within marriage and from marriage.(32) Also, attempts or
hypotheses
for obtaining a human being without any connection with
sexuality
through "twin fission," cloning or parthenogenesis are to
be
considered
contrary to the moral law, since they are in opposition to
the
dignity both of human procreation and of the conjugal union.
The
freezing of embryos, even when carried out in order to preserve
the
life of an embryo--cryopreservation--constitutes an offense against
the
respect due to human beings by exposing them to grave risks of
death
or harm to their physical integrity, and depriving them, at least
temporarily,
of maternal shelter and gestation, thus placing them in a
situation
in which further offenses and manipulation are possible.
Certain attempts to influence chromosomic or genetic
inheritance
are
not therapeutic but are aimed at producing human beings
selected
according to sex or other predetermined qualities. These
manipulations
are contrary to the personal dignity of the human
being
and his or her integrity and identity. Therefore, in no way can
they
be justified on the grounds of possible beneficial consequences
for
future humanity.(33) Every
person must be respected for himself:
in
this consists the dignity and right of every human being from his or
her
beginning.
II
Interventions
Upon Human Procreation
By "artificial procreation" or "artificial
fertilization" are understood
here
the different technical procedures directed towards obtaining a
human
conception in a manner other than the sexual union of man
and
woman. This instruction deals with fertilization of an ovum in a
test
tube (in vitro fertilization) and artificial insemination through
transfer
into the woman's genital tracts of previously collected sperm.
A preliminary point for the moral evaluation of such
technical
procedures
is constituted by the consideration of the circumstances
and
consequences which those procedures involve in relation to the
respect
due the human embryo. Development of the practice of in
vitro
fertilization has required innumerable fertilizations and
destructions
of human embryos. Even today, the usual practice
presupposes
a hyper-ovulation on the part of the woman: a number
of
ova are withdrawn, fertilized and then cultivated in vitro for some
days.
Usually not all are transferred into the genital tracts of the
woman;
some embryos, generally called "spare," are destroyed or
frozen.
On occasion, some of the implanted embryos are sacrificed
for
various eugenic, economic or psychological reasons. Such
deliberate
destruction of human beings or their utilization for different
purposes
to the detriment of their integrity and life is contrary to the
doctrine
on procured abortion already recalled.
The connection between in vitro fertilization and the
voluntary
destruction
of human embryos occurs too often. This is significant:
through
these procedures, with apparently contrary purposes, life
and
death are subjected to the decision of man, who thus sets
himself
up as the giver of life and death by decree. This dynamic of
violence
and domination may remain unnoticed by those very
individuals
who, in wishing to utilize this procedure, become subject
to
it themselves. The facts recorded and the cold logic which links
them
must be taken into consideration for a moral judgment on IVF
and
ET (in vitro fertilization and embryo transfer): the abortion
mentality
which has made this procedure possible thus leads,
whether
one wants it or not, to man's domination over the life and
death
of his fellow human beings and can lead to a system of radical
eugenics.
Nevertheless, such abuses do not exempt one from a further
and
thorough
ethical study of the techniques of artificial procreation
considered
in themselves, abstracting as far as possible from the
destruction
of embryos produced in vitro.
The present instruction will therefore take into
consideration in the
first
place the problems posed by heterologous artificial fertilization
(II,
1-3), and subsequently those linked with homologous artificial
fertilization
(II, 4-6).
Before formulating an ethical judgment on each of these
procedures,
the principles and values which determine the moral
evaluation
of each of them will be considered.
A.
Heterologous
Artificial Fertilization
1.
Why Must Human Procreation Take Place in Marriage?
Every human being is always to be accepted as a gift and
blessing
of
God. However, from the moral point of view a truly responsible
procreation
vis-a-vis the unborn child must be the fruit of marriage.
For human procreation has specific characteristics by virtue
of the
personal
dignity of the parents and of the children: the procreation of
a
new person, whereby the man and the woman collaborate with the
power
of the Creator, must be the fruit and the sign of the mutual
self-giving
of the spouses, of their love and of their fidelity.(34)
The
fidelity
of the spouses in the unity of marriage involves reciprocal
respect
of their right to become a father and a mother only through
each
other.
The child has the right to be conceived, carried in the womb,
brought
into the world and brought up within marriage: it is through
the
secure and recognized relationship to his own parents that the
child
can discover his own identity and achieve his own proper
human
development.
The parents find in their child a confirmation and completion
of
their
reciprocal self-giving: the child is the living image of their love,
the
permanent sign of their conjugal union, the living and
indissoluble
concrete expression of their paternity and maternity.(35)
By reason of the vocation and social responsibilities of the
person,
the
good of the children and of the parents contributes to the good
of
civil society; the vitality and stability of society require that
children
come
into the world within a family and that the family be firmly
based
on marriage.
The tradition of the Church and anthropological reflection
recognize
in marriage and in its indissoluble unity the only setting
worthy
of truly responsible procreation.
2.
Does Heterologous Artificial
Fertilization Conform to the Dignity
of
the Couple and to the Truth of Marriage?
Through IVF and ET and heterologous artificial insemination,
human
conception is achieved through the fusion of gametes of at
least
one donor other than the spouses who are united in marriage.
Heterologous
artificial fertilization is contrary to the unity of marriage,
to
the dignity of the spouses, to the vocation proper to parents, and
to
the child's right to be conceived and brought into the world in
marriage
and from marriage.(36)
Respect for the unity of marriage and for conjugal fidelity
demands
that
the child be conceived in marriage; the bond existing between
husband
and wife accords the uses, in an objective and inalienable
manner,
the exclusive right to become father and mother solely
through
each other.(37) Recourse
to the gametes of a third person,
in
order to have sperm or ovum available, constitutes a violation of
the
reciprocal commitment of the spouses and a grave lack in regard
to
that essential property of marriage which is its unity.
Heterologous artificial fertilization violates the rights of
the child;
it
deprives him of his filial relationship with his parental origins
and
can
hinder the maturing of his personal identity. Furthermore, it
offends
the common vocation of the spouses who are called to
fatherhood
and motherhood: it objectively deprives conjugal
fruitfulness
of its unity and integrity; it brings about and manifests a
rupture
between genetic parenthood, gestational parenthood and
responsibility
for upbringing. Such damage to the personal
relationships
within the family has repercussions on civil society: what
threatens
the unity and stability of the family is a source of
dissension,
disorder and injustice in the whole of social life.
These reasons lead to a negative moral judgment concerning
heterologous
artificial fertilization: consequently fertilization of a
married
woman with the sperm of a donor different from her
husband
and fertilization with the husband's sperm of an ovum not
coming
from his wife are morally illicit. Furthermore, the artificial
fertilization
of a woman who is unmarried or a widow, whoever the
donor
may be, cannot be morally justified.
The desire to have a child and the love between spouses who
long
to obviate a sterility which cannot be overcome in any other way
constitute
understandable motivations; but subjectively good
intentions
do not render heterologous artificial fertilization
conformable
to the objective and inalienable properties of marriage
or
respectful of the rights of the child and of the spouses.
3.
Is "Surrogate" Motherhood Morally Licit?
No, for the same reasons which lead one to reject
heterologous
artificial
fertilization: for it is contrary to the unity of marriage and to
the
dignity of the procreation of the human person.
Surrogate motherhood represents an objective failure to meet
the
obligations
of maternal love, of conjugal fidelity and of responsible
motherhood;
it offends the dignity and the right of the child to be
conceived,
carried in the womb, brought into the world and brought
up
by his own parents; it sets up, to the detriment of families, a
division
between the physical, psychological and moral elements
which
constitute those families.
B.
Homologous
Artificial Fertilization
Since heterologous artificial fertilization has been declared
unacceptable,
the question arises of how to evaluate morally the
process
of homologous artificial fertilization: IVF and ET and artificial
insemination
between husband and wife. First a question of principle
must
be clarified.
4.
From the Moral Point of View What Connection Is Required
Between
Procreation and the Conjugal Act?
a) The Church's teaching on marriage and human
procreation
affirms
the "inseparable connection, willed by God and unable to be
broken
by man on his own initiative, between the two meanings of
the
conjugal act: the unitive meaning and the procreative meaning.
Indeed,
by its intimate structure, the conjugal act, while most closely
uniting
husband and wife, makes them capable of the generation of
new
lives, according to laws inscribed in the very being of man and
of
woman."(38) This
principle, which is based upon the nature of
marriage
and the intimate connection of the goods of marriage, has
well-known
consequences on the level of responsible fatherhood
and
motherhood. "By safeguarding both these essential aspects, the
unitive
and the procreative, the conjugal act preserves in its fullness
the
sense of true mutual love and its ordination toward man's exalted
vocation
to parenthood."(39)
The same doctrine concerning the link between the meanings of
the
conjugal act and between the goods of marriage throws light on
the
moral problem of homologous artificial fertilization, since "it
is
never
permitted to separate these different aspects to such a degree
as
positively to exclude either the procreative intention or the
conjugal
relation."(40)
Contraception deliberately deprives the conjugal act of its
openness
to procreation and in this way brings about a voluntary
dissociation
of the ends of marriage. Homologous artificial
fertilization,
in seeking a procreation which is not the fruit of a specific
act
of conjugal union, objectively effects an analogous separation
between
the goods and the meanings of marriage.
Thus, fertilization is licitly sought when it is the result
of a
"conjugal
act which is per se suitable for the generation of children to
which
marriage is ordered by its nature and by which the spouses
become
one flesh."(41) But
from the moral point of view procreation
is
deprived of its proper perfection when it is not desired as the
fruit
of
the conjugal act, that is to say of the specific act of the spouses'
union.
b) The moral value of the intimate link between the
goods of
marriage
and between the meanings of the conjugal act is based
upon
the unity of the human being, a unity involving body and
spiritual
soul.(42) Spouses
mutually express their personal love in
the
"language of the body," which clearly involves both
"spousal
meanings"
and parental ones.(43) The
conjugal act by which the
couple
mutually express their self-gift at the same time expresses
openness
to the gift of life. It is an act that is inseparably corporal and
spiritual.
It is in their bodies and through their bodies that the
spouses
consummate their marriage and are able to become father
and
mother. In order to respect the language of their bodies and
their
natural generosity, the conjugal union must take place with
respect
for its openness to procreation; and the procreation of a
person
must be the fruit and the result of married love. The origin of
the
human being thus follows from a procreation that is "linked to
the
union,
not only biological but also spiritual, of the parents, made one
by
the bond of marriage."(44)
Fertilization achieved outside the
bodies
of the couple remains by this very fact deprived of the
meanings
and the values which are expressed in the language of the
body
and in the union of human persons.
c) Only respect for the link between the meanings of
the conjugal
act
and respect for the unity of the human being make possible
procreation
in conformity with the dignity of the person. In his unique
and
unrepeatable origin, the child must be respected and recognized
as
equal in personal dignity to those who give him life. The human
person
must be accepted in his parents' act of union and love; the
generation
of a child must therefore be the fruit of that mutual
giving(45)
which is realized in the conjugal act wherein the spouses
cooperate
as servants and not as masters in the work of the Creator
who
is Love.(46)
In reality, the origin of a human person is the result of an
act of
giving.
The one conceived must be the fruit of his parents' love. He
cannot
be desired or conceived as the product of an intervention of
medical
or biological techniques; that would be equivalent to
reducing
him to an object of scientific technology. No one may
subject
the coming of a child into the world to conditions of technical
efficiency
which are to be evaluated according to standards of
control
and dominion.
The moral relevance of the link between the meanings of the
conjugal
act and between the goods of marriage, as well as the unity
of
the human being and the dignity of his origin, demand that the
procreation
of a human person be brought about as the fruit of the
conjugal
act specific to the love between spouses. The link between
procreation
and the conjugal act is thus shown to be of great
importance
on the anthropological and moral planes, and it throws
light
on the positions of the Magisterium with regard to homologous
artificial
fertilization.
5.
Is Homologous in Vitro Fertilization Morally Licit?
The answer to this question is strictly dependent on the
principles
just
mentioned. Certainly one cannot ignore the legitimate
aspirations
of sterile couples. For some, recourse to homologous
IVF
and ET appears to be the only way of fulfilling their sincere
desire
for a child. The question is asked whether the totality of
conjugal
life in such situations is not sufficient to ensure the dignity
proper
to human procreation. It is acknowledged that IVF and ET
certainly
cannot supply for the absence of sexual relations(47) and
cannot
be preferred to the specific acts of conjugal union, given the
risks
involved for the child and the difficulties of the procedure. But it
is
asked whether, when there is no other way of overcoming the
sterility
which is a source of suffering, homologous in vitro fertilization
may
not constitute an aid, if not a form of therapy, whereby its moral
licitness
could be admitted.
The desire for a child--or at the very least an openness to
the
transmission
of life--is a necessary prerequisite from the moral point of
view
for responsible human procreation. But this good intention is
not
sufficient for making a positive moral evaluation of in vitro
fertilization
between spouses. The process of IVF and ET must be
judged
in itself and cannot borrow its definitive moral quality from the
totality
of conjugal life of which it becomes part nor from the conjugal
acts
which may precede or follow it.(48)
It has already been recalled that, in the circumstances in
which it is
regularly
practiced, IVF and ET involves the destruction of human
beings,
which is something contrary to the doctrine on the illicitness
of
abortion previously mentioned.(49) But even in a situation in which
every
precaution were taken to avoid the death of human embryos,
homologous
IVF and ET dissociates from the conjugal act the
actions
which are directed to human fertilization. For this reason the
very
nature of homologous IVF and ET also must be taken into
account,
even abstracting from the link with procured abortion.
Homologous IVF and ET is brought about outside the bodies of
the
couple through actions of third parties whose competence and
technical
activity, determine the success of the procedure. Such
fertilization
entrusts the life and identity of the embryo into the power
of
doctors and biologists and establishes the domination of
technology
over the origin and destiny of the human person. Such a
relationship
of domination is in itself contrary to the dignity and
equality
that must be common to parents and children.
Conception in vitro is the result of the technical action
which
presides
over fertilization. Such fertilization is neither in fact achieved
nor
positively willed as the expression and fruit of a specific act of
the
conjugal
union. In homologous IVF and ET, therefore, even if it is
considered
in the context of de facto existing sexual relations, the
generation
of the human person is objectively deprived of its proper
perfection:
namely, that of being the result and fruit of a conjugal act
in
which the spouses can become "cooperators with God for giving
life
to a new person."(50)
These reasons enable us to understand why the act of conjugal
love
is considered in the teaching of the Church as the only setting
worthy
of human procreation. For the same reasons the so-called
"simple
case," i.e., a homologous IVF and ET procedure that is free
of
any compromise with the abortive practice of destroying embryos
and
with masturbation, remains a technique which is morally illicit
because
it deprives human procreation of the dignity which is proper
and
connatural to it.
Certainly, homologous IVF and ET fertilization is not marked
by all
that
ethical negativity found in extra-conjugal procreation; the family
and
marriage continue to constitute the setting for the birth and
upbringing
of the children. Nevertheless, in conformity with the
traditional
doctrine relating to the goods of marriage and the dignity
of
the person, the Church remains opposed from the moral point of
view
to homologous in vitro fertilization. Such fertilization is in
itself
illicit
and in opposition to the dignity of procreation and of the
conjugal
union, even when everything is done to avoid the death of
the
human embryo.
Although the manner in which human conception is achieved
with
IVF
and ET cannot be approved, every child which comes into the
world
must in any case be accepted as a living gift of the divine
Goodness
and must be brought up with love.
6.
How Is Homologous Artificial Insemination To Be Evaluated from
the
Moral Point of View?
Homologous artificial insemination within marriage cannot be
admitted
except for those cases in which the technical means is not
a
substitute for the conjugal act but serves to facilitate and to help
so
that
the act attains its natural purpose.
The teaching of the Magisterium on this point has already
been
stated.(51)
This teaching is not just an expression of particular
historical
circumstances but is based on the Church's doctrine
concerning
the connection between the conjugal union and
procreation
and on a consideration of the personal nature of the
conjugal
act and of human procreation. "In its natural structure, the
conjugal
act is a personal action, a simultaneous and immediate
cooperation
on the part of the husband and wife, which by the very
nature
of the agents and the proper nature of the act is the
expression
of the mutual gift which, according to the words of
Scripture,
brings about union 'in one flesh.'"(52) Thus moral
conscience
"does not necessarily proscribe the use of certain
artificial
means destined solely either to the facilitating of the natural
act
or to ensuring that the natural act normally performed achieves
its
proper end."(53) If
the technical means facilitates the conjugal act
or
helps it to reach its natural objectives, it can be morally
acceptable.
If, on the other hand, the procedure were to replace the
conjugal
act, it is morally illicit.
Artificial insemination as a substitute for the conjugal act
is
prohibited
by reason of the voluntarily achieved dissociation of the
two
meanings of the conjugal act. Masturbation, through which the
sperm
is normally obtained, is another sign of this dissociation: even
when
it is done for the purpose of procreation, the act remains
deprived
of its unitive meaning: "It lacks the sexual relationship
called
for
by the moral order, namely the relationship which realizes 'the full
sense
of mutual self-giving and human procreation in the context of
true
love.'"(54)
7.
What Moral Criterion Can Be Proposed with Regard to Medical
Intervention
in Human Procreation?
The medical act must be evaluated not only with reference to
its
technical
dimension but also and above all in relation to its goal,
which
is the good of persons and their bodily and psychological
health.
The moral criteria for medical intervention in procreation are
deduced
from the dignity of human persons, of their sexuality and of
their
origin.
Medicine which seeks to be ordered to the integral good of
the
person
must respect the specifically human values of sexuality.(55)
The
doctor is at the service of persons and of human procreation.
He
does not have the authority to dispose of them or to decide their
fate.
"A medical intervention respects the dignity of persons when it
seeks
to assist the conjugal act either in order to facilitate its
performance
or in order to enable it to achieve its objective once it
has
been normally performed."(56)
On the other hand, it sometimes happens that a medical
procedure
technologically replaces the conjugal act in order to
obtain
a procreation which is neither its result nor its fruit. In this
case
the
medical act is not, as it should be, at the service of conjugal
union
but rather appropriates to itself the procreative function and
thus
contradicts the dignity and the inalienable rights of the spouses
and
of the child to be born.
The humanization of medicine, which is insisted upon today by
everyone,
requires respect for the integral dignity of the human
person
first of all in the act and at the moment in which the spouses
transmit
life to a new person. It is only logical therefore to address an
urgent
appeal to Catholic doctors and scientists that they bear
exemplary
witness to the respect due to the human embryo and to
the
dignity of procreation. The medical and nursing staff of Catholic
hospitals
and clinics are in a special way urged to do justice to the
moral
obligations which they have assumed, frequently also as part
of
their contract. Those who are in charge of Catholic hospitals and
clinics
and who are often religious will take special care to safeguard
and
promote a diligent observance of the moral norms recalled in the
present
instruction.
8.
The Suffering Caused by Infertility in Marriage
The suffering of spouses who cannot have children or who are
afraid
of bringing a handicapped child into the world is a suffering
that
everyone must understand and properly evaluate.
On the part of the spouses, the desire for a child is
natural: it
expresses
the vocation to fatherhood and motherhood inscribed in
conjugal
love. This desire can be even stronger if the couple is
affected
by sterility which appears incurable. Nevertheless, marriage
does
not confer upon the spouses the right to have a child, but only
the
right to perform those natural acts which are per se ordered to
procreation.(57)
A true and proper right to a child would be contrary to the
child's
dignity
and nature. The child is not an object to which one has a
right,
nor can he be considered as an object of ownership: rather, a
child
is a gift, "the supreme gift"(58) and the most gratuitous
gift of
marriage,
and is a living testimony of the mutual giving of his parents.
For
this reason, the child has the right, as already mentioned, to be
the
fruit of the specific act of the conjugal love of his parents; and
he
also
has the right to be respected as a person from the moment of
his
conception.
Nevertheless, whatever its cause or prognosis, sterility is
certainly
a
difficult trial. The community of believers is called to shed light
upon
and
support the suffering of those who are unable to fulfill their
legitimate
aspiration to motherhood and fatherhood. Spouses who
find
themselves in this sad situation are called to find in it an
opportunity
for sharing in a particular way in the Lord's cross, the
source
of spiritual fruitfulness. Sterile couples must not forget that
"even
when procreation is not possible, conjugal life does not for this
reason
lose its value. Physical sterility in fact can be for spouses the
occasion
for other important services in the life of the human person,
for
example adoption, various forms of educational work, and
assistance
to other families and to poor or handicapped
children."(59)
Many researchers are engaged in the fight against sterility.
While
fully
safeguarding the dignity of human procreation some have
achieved
results which previously seemed unattainable. Scientists
therefore
are to be encouraged to continue their research with the
aim
of preventing the causes of sterility and of being able to remedy
them
so that sterile couples will be able to procreate in full respect
for
their
own personal dignity and that of the child to be born.
III
Moral
and Civil Law
The
Values and Moral Obligations that Civil Legislation Must Respect
and
Sanction in this Matter
The inviolable right to life of every innocent human
individual and
the
rights of the family and of the institution of marriage constitute
fundamental
moral values, because they concern the natural
condition
and integral vocation of the human person; at the same
time
they are constitutive elements of civil society and its order.
For this reason the new technological possibilities which
have
opened
up in the field of biomedicine require the intervention of the
political
authorities and of the legislator, since an uncontrolled
application
of such techniques could lead to unforeseeable and
damaging
consequences for civil society. Recourse to the
conscience
of each individual and to the self-regulation of
researchers
cannot be sufficient for ensuring respect for personal
rights
and public order. If the legislator responsible for the common
good
were not watchful, he could be deprived of his prerogatives by
researchers
claiming to govern humanity in the name of the
biological
discoveries and the alleged "improvement" processes
which
they would draw from those discoveries. "Eugenism" and
forms
of discrimination between human beings could come to be
legitimized:
this would constitute an act of violence and a serious
offense
to the equality, dignity and fundamental rights of the human
person.
The intervention of the public authority must be inspired by
the
rational
principles which regulate the relationships between civil law
and
moral law. The task of the civil law is to ensure the common
good
of people through the recognition of and the defense of
fundamental
rights and through the promotion of peace and of
public
morality.(60) In no
sphere of life can the civil law take the
place
of conscience or dictate norms concerning things which are
outside
its competence. It must sometimes tolerate, for the sake of
public
order, things which it cannot forbid without a greater evil
resulting.
However, the inalienable rights of the person must be
recognized
and respected by civil society and the political authority.
These
human rights depend neither on single individuals nor on
parents;
nor do they represent a concession made by society and
the
state: they pertain to human nature and are inherent in the
person
by virtue of the creative act from which the person took his or
her
origin.
Among such fundamental rights one should mention in this
regard:
a) every human being's right to life and physical integrity from
the
moment of conception until death; b) the rights of the family and
of
marriage as an institution and, in this are a, the child's right to
be
conceived,
brought into the world and brought up by his parents. To
each
of these two themes it is necessary here to give some further
consideration.
In various states certain laws have authorized the direct
suppression
of innocents: the moment a positive law deprives a
category
of human beings of the protection which civil legislation
must
accord them, the state is denying the equality of all before the
law.
When the state does not place its power at the service of the
rights
of each citizen, and in particular of the more vulnerable, the
very
foundations of a state based on law are undermined. The
political
authority consequently cannot give approval to the calling of
human
beings into existence through procedures which would
expose
them to those very grave risks noted previously. The possible
recognition
by positive law and the political authorities of techniques
of
artificial transmission of life and the experimentation connected
with
it would widen the breach already opened by the legalization of
abortion.
As a consequence of the respect and protection which must be
ensured
for the unborn child from the moment of his conception, the
law
must provide appropriate penal sanctions for every deliberate
violation
of the child's rights. The law cannot tolerate--indeed it must
expressly
forbid--that human beings, even at the embryonic stage,
should
be treated as objects of experimentation, be mutilated or
destroyed
with the excuse that they are superfluous or incapable of
developing
normally.
The political authority is bound to guarantee to the
institution of
the
family, upon which society is based, the juridical protection to
which
it has a right. From the very fact that it is at the service of
people,
the political authority must also be at the service of the family.
Civil
law cannot grant approval to techniques of artificial procreation
which,
for the benefit of third parties (doctors, biologists, economic
or
governmental powers), take away what is a right inherent in the
relationship
between spouses; and, therefore, civil law cannot
legalize
the donation of gametes between persons who are not
legitimately
united in marriage.
Legislation must also prohibit, by virtue of the support
which is due
to
the family, embryo banks, post mortem insemination and
"surrogate
motherhood."
It is part of the duty of the public authority to ensure that
the civil
law
is regulated according to the fundamental norms of the moral
law
in matters concerning human rights, human life and the
institution
of the family. Politicians must commit themselves, through
their
interventions upon public opinion, to securing in society the
widest
possible consensus on such essential points and to
consolidating
this consensus wherever it risks being weakened or is
in
danger of collapse.
In many countries, the legalization of abortion and juridical
tolerance
of unmarried couples makes it more difficult to secure
respect
for the fundamental rights recalled by this instruction. It is to
be
hoped that states will not become responsible for aggravating
these
socially damaging situations of injustice. It is rather to be
hoped
that nations and states will realize all the cultural, ideological
and
political implications connected with the techniques of artificial
procreation
and will find the wisdom and courage necessary for
issuing
laws which are more just and more respectful of human life
and
the institution of the family.
The civil legislation of many states confers an undue
legitimation
upon
certain practices in the eyes of many today; it is seen to be
incapable
of guaranteeing that morality which is in conformity with
the
natural exigencies of the human person and with the "unwritten
laws"
etched by the Creator upon the human heart. All men of good
will
must commit themselves particularly within their professional field
and
in the exercise of their civil rights, to ensuring the reform of
morally
unacceptable civil laws and the correction of illicit practices.
In
addition, "conscientious objection" vis-a-vis such laws
must be
supported
and recognized. A movement of passive resistance to the
legitimation
of practices contrary to human life and dignity is
beginning
to make an ever sharper impression upon the moral
conscience
of many, especially among specialists in the biomedical
sciences.
Conclusion
The spread of technologies of intervention in the processes
of
human
procreation raises very serious moral problems in relation to
the
respect due to the human being from the moment of conception,
to
the dignity of the person, of his or her sexuality, and of the
transmission
of life.
With this instruction the Congregation for the Doctrine of
the
Faith,
in fulfilling its responsibility to promote and defend the
Church's
teaching in so serious a matter, addresses a new and
heartfelt
invitation to all those who, by reason of their role and their
commitment,
can exercise a positive influence and ensure that, in the
family
and in society, due respect is accorded to life and love. It
addresses
this invitation to those responsible for the formation of
consciences
and of public opinion, to scientists and medical
professionals,
to jurists and politicians. It hopes that all will
understand
the incompatibility between recognition of the dignity of
the
human person and contempt for life and love, between faith in
the
living God and the claim to decide arbitrarily the origin and fate
of
a
human being.
In particular, the Congregation for the Doctrine of the Faith
addresses
an invitation with confidence and encouragement to
theologians,
and above all to moralists, that they study more deeply
and
make ever more accessible to the faithful the contents of the
teaching
of the Church's Magisterium in the light of a valid
anthropology
in the matter of sexuality and marriage and in the
context
of the necessary interdisciplinary approach. Thus they will
make
it possible to understand ever more clearly the reasons for and
the
validity of this teaching. By defending man against the excesses
of
his own power, the Church of God reminds him of the reasons for
his
true nobility; only in this way can the possibility of living and
loving
with
that dignity and liberty which derive from respect for the truth be
ensured
for the men and women of tomorrow. The precise
indications
which are offered in the present instruction, therefore, are
not
meant to halt the effort of reflection but rather to give it a
renewed
impulse in unrenounceable fidelity to the teaching of the
Church.
In the light of the truth about the gift of human life and in
the light
of
the moral principles which flow from that truth, everyone is invited
to
act in the area of responsibility proper to each and, like the good
Samaritan,
to recognize as a neighbor even the littlest among the
children
of men (cf. Lk. 10:29-37). Here Christ's words find a new
and
particular echo: "What you do to one of the least of my
brethren,
you
do unto me' (Mt. 25:40).
During an audience granted to the undersigned Prefect after
the
plenary
session of the Congregation for the Doctrine of the Faith, the
Supreme
Pontiff, John Paul II, approved this instruction and ordered
it
to be published.
Given at Rome, from the Congregation for the Doctrine of the
Faith,
February 22, 1987, the Feast of the Chair of St. Peter, the
Apostle.
JOSEPH
CARDINAL RATZINGER
Prefect
ALBERTO
BOVONE
Titular
Archbishop of Caesarea in Numidia
Secretary
NOTES
1. Pope John Paul II, Discourse to those taking part in the
81st
Congress
of the Italian Society of Internal Medicine and the 82nd
Congress
of the Italian Society of General Surgery, October 27,
1980:
AAS 72 (1980), 1126.
2. Pope Paul VI, Discourse to the General Assembly of the
United
Nations
Organization, October 4, 1965: AAS 57 (1965), 878;
Encyclical
Populorum progressio, no. 13: AAS 59 (1967), 263.
3. Pope Paul VI, Homily during the Mass closing the Holy
Year,
December
25, 1975: AAS 68 (1976), 145; Pope John Paul II,
Encyclical
Dives in misericordia, no. 30: AAS 72 (1980), 1224.
4. Pope John Paul II, Discourse to those taking part in the
35th
General
Assembly of the World Medical Association, October 29,
1983:
AAS 76 (1984), 390.
5. Cf. Declaration Dignitatis humanae, no. 2.
6. Pastoral Constitution Gaudium et spes, no. 22; Pope John
Paul
II,
Encyclical Redemptor hominis, no. 8: AAS 71 (1979), 270-272.
7. Cf. Pastoral Constitution Gaudium et spes, no. 35.
8. Pastoral Constitution Gaudium et spes, no. 15; cf. also
Pope
Paul
VI, Encyclical Populorum progressio, no. 20: AAS 59 (1967),
267;
Pope John Paul II, Encyclical Redemptor hominis, no. 15: AAS
71
(1979), 286-289; Apostolic Exhortation Familiaris consortio, no.
8:
AAS 74 (1982), 89.
9. Pope John Paul II, Apostolic Exhortation Familiaris
consortio.
no.
11: AAS 74 (1982), 92.
10. Cf. Pope Paul VI, Encyclical Humanae vitae, no. 10: AAS
60
(1968),
487-488.
11. Pope John Paul II, Discourse to the members of the 35th
General
Assembly of the World Medical Association, October 29,
1983:
AAS 76 (1984), 393.
12. Cf. Pope John Paul II, Apostolic Exhortation Familiaris
consortio
no. 11: AAS 74 (1982), 91-92; cf also Pastoral
Constitution
Gaudium et spes no. 50.
13. Sacred Congregation for the Doctrine of the Faith,
Declaration
on
Procured Abortion, no. 9: AAS 66 (1974), 736-737.
14. Pope John Paul II, Discourse to those taking part in the
35th
General
Assembly of the World Medical Association, October 29,
1983:
AAS 76 (1984), 390.
15. Pope John XXIII, Encyclical Mater et magistra, III: AAS
53
(1961),
447.
16. Pastoral Constitution Gaudium et spes, no. 24.
17. Cf. Pope Pius XII, Encyclical Humani generis:
AAS 42 (1950),
575;
Pope Paul VI, Professio fidei: AAS 60 (1968), 436.
18. Pope John XXIII, Encyclical Mater et magistra, III: AAS
53
(1961)
447; cf. Pope John Paul II, Discourse to priests participating
in
a seminar on "Responsible Procreation," September 17,
1983,
Insegnamenti
di Giovanni Paolo II, VI, 2 (1983), 562: "At the origin
of
each human person there is a creative act of God: no man comes
into
existence by chance; he is always the result of the creative love
of
God."
19. Cf. Pastoral Constitution Gaudium et spes, no. 24.
20. Cf Pope Pius XII, Discourse to the Saint Luke Medical-
Biological
Union, November 12, 1944: Discorsi e Radiomessaggi VI
(1944-1945),
191-192.
21. Cf. Pastoral Constitution Gaudium et spes, no. 50.
22. Cf. Pastoral Constitution Gaudium et spes, no. 51:
"When it is
a
question of harmonizing married love with the responsible
transmission
of life, the moral character of one's behavior does not
depend
only on the good intention and the evaluation of the motives:
the
objective criteria must be used, criteria drawn from the nature of
the
human person and human acts, criteria which respect the total
meaning
of mutual self-giving and human procreation in the context
of
true love."
23. Pastoral Constitution Gaudium et spes, no. 51.
24. Holy See, Charter of the Rights of the Family, no. 4:
L'Osservatore
Romano, November 25, 1983.
25. Sacred Congregation for the Doctrine of the Faith,
Declaration
on
Procured Abortion, nos. 12-13: AAS 66 (1974), 738.
26. Cf. Pope Paul VI, Discourse to participants in the
Twenty-third
National
Congress of Italian Catholic Jurists, December 9, 1972:
AAS
64 (1972), 777.
27. The obligation to avoid disproportionate risks involves
an
authentic
respect for human beings and the uprightness of
therapeutic
intentions. It implies that the doctor above all...must
carefully
evaluate the possible negative consequences which the
necessary
use of a particular exploratory technique may have upon
the
unborn child and avoid recourse to diagnostic procedures which
do
not offer sufficient guarantees of their honest purpose and
substantial
harmlessness. And if, as often happens in human
choices,
a degree of risk must be undertaken, he will take care to
assure
that it is justified by a truly urgent need for the diagnosis and
by
the importance of the results that can be achieved by it for the
benefit
of the unborn child himself" (Pope John Paul II, Discourse to
Participants
in the Pro-life Movement Congress, December 3, 1982
Insegnamenti
di Giovanni Paolo II, V, 3 [1982] 1512). This
clarification
concerning proportionate risk" is also to be kept in mind
in
the following sections of the present instruction, whenever this
term
appears.
28. Pope John Paul II, Discourse to the participants in the
35th
General
Assembly of the World Medical Association, October 29,
1983:
AAS 76 (1984), 392.
29. Cf. Pope John Paul II, Address to a Meeting of the
Pontifical
Academy
of Sciences, October 23, 1982: AAS 75 (1983), 37: "I
condemn,
in the most explicit and formal way, experimental
manipulations
of the human embryo since the human being, from
conception
to death, cannot be exploited for any purpose
whatsoever."
30. Holy See, Charter of the Rights of the Family, no. 4b:
L'Osservatore
Romano, November 25, 1983.
31. Cf. Pope John Paul II, Address to the Participants in the
Convention
of the Pro-Life Movement, December 3, 1982:
Insegnamenti
di Giovanni Paolo II, V, 3 (1982), 1511: "Any form of
experimentation
on the fetus that may damage its integrity or worsen
its
condition is unacceptable, except in the case of a final effort to
save
it from death." Sacred Congregation for the Doctrine of the
Faith,
Declaration on Euthanasia, no. 4: AAS 72 (1980), 550: "In the
absence
of other sufficient remedies, it is permitted, with the patient's
consent,
to have recourse to the means provided by the most
advanced
medical techniques, even if these means are still at the
experimental
stage and are not without a certain risk."
32. No one, before coming into existence, can claim a
subjective
right
to begin to exist; nevertheless, it is legitimate to affirm the
right
of
the child to have a fully human origin through conception in
conformity
with the personal nature of the human being. Life is a gift
that
must be bestowed in a manner worthy both of the subject
receiving
it and of the subjects transmitting it. This statement is to be
borne
in mind also for what will be explained concerning artificial
human
procreation.
33. Cf. Pope John Paul II, Discourse to those taking part in
the
35th
General Assembly of the World Medical Association, October
29,
1983: AAS 76 (1984), 391.
34. Cf. Pastoral Constitution on the Church in the Modern
World,
Gaudium
et spes, no. 50.
35. Cf. Pope John Paul II, Apostolic Exhortation Familiaris
consortio,
no. 14: AAS 74 (1982), 96.
36. Cf. Pope Pius XII, Discourse to those taking part in the
4th
International
Congress of Catholic Doctors, September 29, 1949:
AAS
41 (1949), 559. According to the plan of the Creator, "A man
leaves
his father and his mother and cleaves to his wife, and they
become
one flesh" (Gn. 2:24). The unity of marriage, bound to the
order
of creation, is a truth accessible to natural reason. The
Church's
Tradition and Magisterium frequently make reference to the
book
of Genesis, both directly and through the passages of the New
Testament
that refer to it: Mt. 19:4-6; Mk. 10:5-8; Eph. 5:31. Cf
Athenagoras,
Legatio por christianis, 33: PG 6, 965-967; St.
Chrysostom,
In Matthaeum homiliae, LXII, 19, 1: PG 58, 597; St.
Leo
the Great, Epist. ad Rusticum, 4; PL 54, 1204; Innocent III,
Epist.
Gaudemus in Domino: DS 778; Council of Lyons II, IV
Session:
DS 860; Council of Trent, XXIV Session: DS 1798. 1802;
Pope
Leo XIII, Encyclical Arcanum Divinae Sapientiae: AAS 12
(1879/80),
388-391; Pope Pius XI, Encyclical Casti connubii: AAS
22
(1930), 546-547; Second Vatican Council, Gaudium et spes, no.
48;
Pope John Paul II, Apostolic Exhortation Familiaris consortio, no.
19:
AAS 74 (1982), 101-102; Code of Canon Law, Can. 1056.
37. Cf. Pope Pius XII, Discourse to those taking part in the
4th
International
Congress of Catholic Doctors, September 29, 1949:
AAS
41 (1949), 560; Discourse to those taking part in the Congress
of
the Italian Catholic Union of Midwives, October 29, 1951: AAS 43
(1951),
850; Code of Canon Law, Can. 1134.
38. Pope Paul VI, Encyclical Letter Humanae vitae, no. 12:
AAS
60
(1968), 488-489.
39. Loc. cit., ibid., no. 489.
40. Pope Pius XII, Discourse to those taking part in the
Second
Naples
World Congress on Fertility and Human Sterility, May 19,
1956:
AAS 48 (1956), 470.
41. Code of Canon Law, Can. 1061. According to this Canon,
the
conjugal
act is that by which the marriage is consummated if the
couple
"have performed (it) between themselves in a human
manner."
42. Cf. Pastoral Constitution Gaudium et spes, no. 14.
43. Cf Pope John Paul II, General Audience on January 16,
1980:
Insegnamenti
di Giovanni Paolo II, III, 1 (1980), 148-152.
44. Pope John Paul II, Discourse to those taking part in the
35th
General
Assembly of the World Medical Association, October 29,
1983:
AAS 76 (1984), 393.
45. Cf. Pastoral Constitution Gaudium et spes, no. 51.
46. Cf. Pastoral Constitution Gaudium et spes, no. 50.
47. Cf. Pope Pius XII, Discourse to those taking part in the
4th
International
Congress of Catholic Doctors, September 29, 1949;
AAS
41 (1949), 560: "It would be erroneous...to think that the
possibility
of resorting to this means (artificial fertilization) might
render
valid a marriage between persons unable to contract it
because
of the impedimentum inpotentiae."
48. A similar question was dealt with by Pope Paul VI,
Encyclical
Humanae
vitae, no. 14: AAS 60 (1968), 490-491.
49. Cf. supra: I, 1ff.
50. Pope John Paul II, Apostolic Exhortation Familiaris
consortio,
no.
14: AAS 74 (1982), 96.
51. Cf. Response of the Holy Office, March 17, 1897: DS 3323;
Pope
Pius XII, Discourse to those taking part in the 4th International
Congress
of Catholic Doctors, September 29, 1949: AAS 41 (1949),
560;
Discourse to the Italian Catholic Union of Midwives, October 29,
1951:
AAS 43 (1951), 850; Discourse to those taking part in the
Second
Naples World Congress on Fertility and Human Sterility,
May
19, 1956: AAS 48 (1956), 471-473; Discourse to those taking
part
in the 7th International Congress of the International Society of
Hematology,
September 12, 1958: AAS 50 (1958), 733; Pope John
XXIII,
Encyclical Mater et magistra, III: AAS 53 (1961), 447.
52. Pope Pius XII, Discourse to the Italian Catholic Union of
Midwives
October 29, 1951: AAS 43 (1951), 850.
53. Pope Pius XII, Discourse to those taking part in the 4th
International
Congress of Catholic Doctors, September 29, 1949:
AAS
41 (1949), 560.
54. Sacred Congregation for the Doctrine of the Faith,
Declaration
on
Certain Questions Concerning Sexual Ethics, no. 9: AAS 68
(1976),
86, which quotes the Pastoral Constitution Gaudium et spes,
no.
51. Cf. Decree of the Holy Office, August 2, 1929: AAS 21
(1929),
490; Pope Pius XII, Discourse to those taking part in the
26th
Congress of the Italian Society of Urology, October 8, 1953:
AAS
45 (1953), 678.
55. Cf. Pope John XXIII, Encyclical Mater et magistra, III:
AAS 53
(1961),
447.
56. Cf. Pope Pius XII, Discourse to those taking part in the
4th
International
Congress of Catholic Doctors, September 29, 1949:
AAS
41 (1949), 560.
57. Cf. Pope Pius XII, Discourse to those taking part in the
Second
Naples World Congress on Fertility and Human Sterility,
May
19, 1956: AAS 48 (1956), 471-473.
58. Pastoral Constitution Gaudium et spes, no. 50.
59. Pope John Paul II, Apostolic Exhortation Familiaris
consortio,
no.
14: AAS 74 (1982), 97.
60. Cf. Declaration Dignitatis humanae, no. 7.
|