Published by Australian Academy of Science
Stem cells – gateway to 21st century medicine Box 1 | How has stem cell research been legislated in Australia, the US and the UK?

Australia

In December 2002, Australia passed two pieces of federal legislation to regulate cloning and embryonic stem cell research The first, Prohibition of Human Cloning Act 2002, outlawed any form of human cloning, whether it be to generate tissues (therapeutic cloning) or a new human being (reproductive cloning). The second, Research Involving Human Embryos Act 2002, allowed researchers to access surplus human embryos, under strict conditions.

A major objection to stem cell research, from both religious and non-religious groups, is that it devalues human life because it uses embryos as 'a means to an end'. For that reason Australia's legislation ensured that embryos could not be created for the sole purpose of harvesting their stem cells. Then in 2006 legislation was passed allowing therapeutic cloning to develop stem cells for research and ultimately therapy.

Scientists wanting to use therapeutic cloning (or somatic cell nuclear transfer) must first obtain a licence from the National Health and Medical Research Council.

United States

In the US, government-funded researchers have not been allowed to make stem cells from spare human embryos. But there is no criminal law against it; so researchers in private companies have not had the same constraints as researchers receiving government funding. Government-funded scientists say the US effort is falling behind because of the restrictions placed on them. 

At present, these government-funded researchers have access to only nine embryonic stem cell lines. Five of which came from Australia. Although this will change with the 2009 announcement that embryonic stem cell restrictions will be lifted. Scientists think that more cell lines are needed for a number of reasons. For example, additional cell lines would provide more genetic diversity, they would be a source of replacements in case problems develop with existing cell lines, and they could serve as sterile lines for future cell-based therapy.

United Kingdom

The House of Commons (December 2000) and the House of Lords (January 2001) voted in favour of permitting research using human embryonic stem cells and approved the creation of embryos for specific research purposes. Under strict licensing the relevant legislation allows research involving human embryos that have not exceeded the fourteenth day of their development. The Human Fertilisation and Embryology Authority has regulatory responsibility and will not licence any research that has reproductive cloning as its aim.

Related sites

• Parliament of Australia
  • Prohibition of human cloning for reproduction and the regulation of human emryo research Amendment Bill 2006
  • Human cloning: scientific, ethical and regulatory aspects of human cloning and stem cell research

• Human embryos and cloning (National Health and Medical Research Council, Australia)

• The United Kindom Parliament
  • Stem cell research – report, 2002
  • Regulating stem cell therapies

• Report for Congress – stem cell research (United States House of Representatives)