Consenting to the Unconscionable

Fr. Tadeusz Pacholczyk

In recent years, scientists in industry and academia have come to rely on freshly obtained human tissue specimens for certain types of research and experimentation. Sometimes these tissues and organs can be obtained after routine surgeries like gall bladder removal from adults or foreskin removal during the circumcision of newborns. The use of such tissues and organs can be morally acceptable if the patient (or the parents of the newborn) provide informed consent. The use of cells and tissues from fetuses can also be morally acceptable when those cells are obtained from a natural miscarriage, and the parents provide consent. This would be equivalent to consenting to an organ donation from their deceased child.

Recently, however, a phenomenon has come to light that involves the partnering of biomedical researchers with abortionists, for the purpose of securing a reliable supply of human tissues and organs. In these cases, parental consent (usually from the mother) may be sought prior to using the aborted child’s remains. Researchers claim this consent is necessary to enable the ethical use of the cells or tissues. This procedural detail is frequently described in the section called “Materials and Methods” found in scientific research papers, as, for example, in this February 2015 article on brain research in the journal Science:

“Human fetal brain tissue was obtained from the [clinic], following elective pregnancy termination and informed written maternal consents, and with approval of the local University Hospital Ethical Review Committees.”

Planned Parenthood, the largest provider of abortions in the United States, also seeks maternal consent prior to procuring fetal body parts from direct abortions, as chronicled by the Center for Medical Progress in their bombshell 2015 video exposé in which the sales of fetal heart, lungs, brain and liver were discussed and negotiated.

The strong public outcry that followed these revelations of harvesting fetal organs was understandable on the one hand, yet difficult to explain on the other, since there hadn’t been a parallel outcry when it came to the more offensive act of terminating the life of the unborn child itself. As one commentator observed, “Maybe it is not enough to be outraged at abortion on its face because, I don’t know, killing is somehow worse if body parts are sold.”

Despite this inconsistency, it is nonetheless clear that the use of tissues and organs from direct abortions raises significant moral concerns, even if the mother’s signature may have been sought and obtained.

Typically when we serve as a proxy for someone and give consent on their behalf, we act simply as their agent and provide an affirmation of their original wishes (“yes, he told me he wanted to donate his kidneys”). Alternatively, if we do not know the wishes of the deceased patient, we do our best to make a reasonable decision based on the specifics of their situation, using a “best interest” standard (“based on my friendship with him and concern for him, I think he really would have wanted to donate his kidneys). When we serve as a proxy decision maker for a fetus, an infant, or a deceased child prior to the age of reason, it is incumbent on us to make a “best interest” decision on their behalf. The assumption is that as we cared for them in life, and had their best interests in mind while they were living, we can continue to exercise that “best interest” decision-making capacity later when they are deceased.

But if the mother of an aborted child were to sign the dotted line granting permission to utilize fetal cells and organs, that consent would necessarily be void, because she would have already categorically demonstrated that she does not have the best interests of her child in mind, having arranged for the taking of that child’s life. From the ethical point of view, she has disqualified herself from being able to give valid informed consent on behalf of her now-deceased child.

In the absence of proper informed consent, taking organs or tissues from the corpse would represent a further violation of the integrity of the child’s body and constitute a failure to respect the remains of the dead. Thus, the tissues and organs of the directly aborted child should not be utilized for research, transplantation or the development of therapies, but instead should be given a proper and respectful burial. In the final analysis, maternal consent cannot provide moral clearance for researchers to utilize fetal remains from direct abortions in their research. Such permission from the mother is not, objectively speaking, an authentic form of consent but is rather a type of “sham consent” that secures the veneer of legitimacy for what is ultimately an unconscionable research practice.

Rev. Tadeusz Pacholczyk, Ph.D. earned his doctorate in neuroscience from Yale and did post-doctoral work at Harvard. He is a priest of the diocese of Fall River, MA, and serves as the Director of Education at The National Catholic Bioethics Center in Philadelphia. See www.ncbcenter.org

COMING UP: Catholic Charities joins with St. Raphael Counseling to increase services

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Two Catholic counseling agencies serving the Denver Archdiocese have united to expand services to the community, officials said. The change was effective May 1.

St. Raphael Counseling, founded in 2009, has partnered with Catholic Charities’ Sacred Heart Counseling (formerly Regina Caeli Clinical Services), which was established in 2011. The two are now one ministry under Catholic Charities of Denver sharing the name St. Raphael Counseling.

Licensed clinical psychologist Jim Langley, co-founder of St. Raphael’s, will serve as director.

“Frankly, it seemed kind of silly for two entities to be doing the same thing from the same pool of resources,” Langley told the Denver Catholic.  “I reached out to [Catholic Charities] … to see about removing obstacles. It really must have been from the Lord because there weren’t any big obstacles.”

The combined resources mean clients seeking care aligned with Catholic values will now have access to more therapists and locations: a total of 18 clinicians at 11 offices and six schools across the Front Range region, including Denver, Littleton and northern Colorado.

In the coming months, St. Raphael’s will accept more insurances and will introduce diagnostic testing for behavioral and learning disorders and Autism to families at affordable cost, Langley said.

“We are excited to welcome the team of psychologists from St. Raphael Counseling to Catholic Charities,” said Amparo García, interim president and CEO of Catholic Charities of Denver. “Under Dr. Langley’s guidance, and with his expertise and business acumen, the team has built a trusted and professional counseling service that is faithful to the Church and compassionate to those in need.

“We are optimistic that offering expanded services in a combined organization will provide an added benefit to the community.”

St. Raphael’s offers individuals, couples and families clinical counseling services for issues ranging from depression and anxiety to grief and addiction. It also offers marriage preparation, school counseling, psychological evaluations for seminary applicants, and counseling for priests and religious. It provides outreach and education through presentations and retreats that integrate psychology and spirituality.

St. Raphael’s is named after the Archangel Raphael, who in the Old Testament Book of Tobit is sent by God to help the young man Tobias confront nature and evil. Raphael helps to bring healing to Tobias’ family. Of Hebrew origin, Raphael means “God heals.”

“The name was chosen very deliberately,” Langley said. “We [as therapists] are only instruments of God’s healing, God’s medicine; it’s ultimately God who heals.

“One of the ways the Lord has given us as a path to holiness is through our own brokenness,” he added. “We all have emotional wounds and the healing of these wounds helps us to become the saints God made us to be.

“We work with individuals and families to help them face their woundedness, their brokenness. We do it in a way that is supportive of their Catholic values and can leverage all the awesome, beautiful things about Catholic spirituality that can help us grow as people.”

The recent suicides of celebrity chef Anthony Bourdain and fashion designer Kate Spade show that no one is immune from depression and suicidal thoughts, Langley said.

“Even St. Therese [of Lisieux] said there were moments when she was tempted by the medicine bottle on the nightstand,” he noted about the saint who was named a Doctor of the Church in 1997. “We think of her as being a joyful saint, yet she too struggled immensely with depression.

“If people are struggling, they need help,” Langley said. “But counseling isn’t just for people with big issues. It’s also for those who have normal issues and are trying to have a healthy family life.

“There’s nobody who doesn’t need support and good human relationships.”

RAPHAEL COUNSELING

Visit: straphaelcounseling.com

Phone: 720-377-1359