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: Vietnamese parish community raises $80,000 for storm relief

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About 800 Vietnamese refugees, immigrants and their relatives gathered on Veterans Day at Queen of Vietnamese Martyrs Catholic Parish event center in Wheat Ridge, raising more than $80,000 for survivors of recent storms in Texas, Florida and central Vietnam.

“We dedicate this event to God, and to Mary,” said co-organizer Viet Hua. “We’ve been praying and asking for help, in God’s way, to glorify him in our effort to help those who suffer.”

It was an evening of food, music, dance and auction goods that sold for thousands more than market value in the spirit of exceeding an ambitious $75,000, one-night fundraising goal. Half the money will go to Gulf Coast recovery, and half will go to Vietnam.

Hua, a member of the parish’s Knights of Columbus chapter, said at least 100 men, women and children volunteered to organize and operate the event.

Denver-area businesses with Catholic and Vietnamese owners, managers and employees minimized overhead with donations of food, beverages, services and auction items.

It touches my heart now to help others – from a place where I can exercise my faith, where I can succeed, and where I can gather with community.”

“This is faith, fellowship and compassion at its finest hour,” said Sang Truong, marketing director of Denver’s Beverage World Specialties, which donated cases of Chilean Paso del Sol wine.

Two major hurricanes wreaked havoc along the Gulf of Mexico this year. As of Veterans Day, 12 tropical storms and typhoons had devastated parts of Vietnam.

Typhoon Damrey struck central Vietnam November 4, destroying nearly 3,500 homes, flooding 138,000 homes, killing 123 people and leaving 395,000 Vietnamese in need of assistance.

The scene is painfully familiar to most who head the 1,800 families that comprise Queen of Vietnamese Martyrs. They endured killer typhoons in the 1960s and ’70s, as communists invaded.

“Communists took over in 1975, and these people came here because they love freedom and they want to practice their faith,” said Pastor Louis Ha Pham, who escaped Vietnam in 1975 with 350 other members of the Congregation of the Mother Co-redemptrix religious community. “They want to use their freedom and faith to help others who suffer and lack the advantages of everything we have here.”

Co-organizer Hua barely survived a typhoon that slammed into his South Vietnamese village when he was a young child in the 1960s.

As water filled the family’s bamboo hut, Hua escaped with his mother and siblings to a neighboring residence. Water soon rushed into that hut, forcing Hua and other occupants to punch through the roof.

“We’re yelling for our lives in the middle of the night,” Hua recalled.

South Vietnamese soldiers pulled them from the water and onto a boat, but the suffering had only begun when Hua and his family reached dry ground in the mountains.

“You have no clothes, no food, and no fresh water. You have nothing,” Hua said. “So it touches my heart now to help others – from a place where I can exercise my faith, where I can succeed, and where I can gather with community.”

Hua escaped Vietnam by himself as a sophomore in high school in 1975. Communists had killed his father. They had threatened him and his family with machine guns.

“I remember they had us lined up, and my grandfather stood there telling them to shoot him,” Hua said. “He lifted up his dirty white t-shirt and said ‘shoot me. Just do it.’ I’m glad they didn’t, because that would have really messed me up as a child.”

Hua built his American life around Our Lady of Vietnamese Martyrs, thanking God each day for liberties the communists took from his homeland.

“I thank God, and I thank Americans for the opportunity to be here with resources to help people back home,” Hua said. “We thank you Americans so much for helping the Vietnamese to migrate here and live free.”

Que Truong, lead organizer of the event, said all Hurricane recovery is hard. It is worse in a dictatorship.

Items were auctioned off as part of a fundraiser held at Queen of Vietnamese Martyrs Parish on Veteran’s Day to help raise money to provide aid to Vietnam, Florida and Texas, which were all recently hit by storms. In total, the parish raised over $80,000 in one evening. (Photos by Dede Laugesen)

“It is terrible over there,” Truong said. “In south Vietnam, we are not free to do anything. There, most people are poor. It’s a different story here, so we are very eager to help.”

Joining the Catholic parishioners were Vietnamese dancers and others from Denver’s Nhu Lia Buddhist Temple. Vietnamese from a Baptist church also participated.

“This is the first time we have all sat down and had dinner together,” said parish Vice President Hung Vu. “Refugees of any religion know how it is to have nothing – to have empty hands and empty stomachs.”

Vu’s father starved to death after a typhoon devastated the family’s village in 1978. Communists ruled the family’s church. Everyone in Vu’s life suffered deprivation of basic needs.

At age 8, Vu fled while working on a fishing boat.

“The boat next to ours planned to escape,” Vu recounted. “They waved me over. In an instant, without a moment to think about it, I jumped out and swam to their boat. They pulled me up and we started sailing out of the China Sea.”

The narrow, 35-foot vessel contained 97 “boat people” crammed together in fetal position. They quickly ran out of food and water, finally obtaining supplies from a passing ship.

“We wanted freedom of religion, and opportunity, and were willing to die trying to get it,” Vu said. “We have suffered. Now, we are so blessed to be here in the United States with all we have. We are so thankful for the veterans who have defended this way of life. This church is my family, and this family is blessed to help those trying to recover in Texas, Florida and Vietnam.”