Commercialization of Assisted Reproduction and Reproductive Tourism in the Globalized World: Ethical, Legal and Social Issues.
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Using the Japanese government’s FY2009 supplemental budget, the Leading-edge Research Promotion Fund was established within the Japan Society for the Promotion of Science (JSPS). JSPS uses it to finance the Funding Program for Next Generation World-Leading Researchers(NEXT Program) aimed at supporting the researchers who possess the potential to be world leaders in their respective fields. Based on guidelines prescribed by the Council for Science and Technology Policy (CSTP) and the Minister of Education, Culture, Sports, Science and Technology, JSPS has through FY 2010 recruited and screened applications while continuing to disburse grants and manage the progress of R&D carried out by researchers.

Outline

In 1978, the world's first in vitro fertilization (IVF) was performed in England. The first test-tube baby was born in Japan in 1983. Thereafter, IVF technology and the technology derived from it have spread rapidly in our society. The birth of 1 of every 55 babies born in 2007 was by IVF. It is estimated that 200,000 or more have been born using this technology. It has been reported that 1 in 10 Japanese couples is infertile today and, in the estimation of the Ministry of Health, Labour and Welfare, it is supposed that approximately 470,000 patients underwent infertility treatment in 2002. The growing tendency to marry later has an influence on the increase in infertility. The medical aid program for IVF treatment was started in 2004 as a measure aimed at recovering from the low birthrate, but the support for Japanese infertile couples has been inadequate thus far. Moreover, Japan does not enforce any regulations or laws regarding assisted reproductive technology (ART) with third-party assistance, such as egg donation and surrogacy and, instead, leaves this matter to the private control of professional organizations, such as the Japan Society of Obstetrics and Gynecology.

In recent years, increasing numbers of Japanese people have traveled to Asian areas, such as India, Thailand, Malaysia, and South Korea, for third-party reproduction. Formerly, patients who were unable to access third-party reproductive technology such as egg donation or surrogacy in their home country, because of its unavailability, usually traveled to the United States, which is the nation that is most advanced with regard to the reproductive business. However, these procedures are now more affordable in rising nations in Asia; therefore, more people, who previously did not pursue the matter because of economic reasons, are now able to use such technology. This is one of the reasons for the new phase of reproductive tourism. In fact, the homepage of a Japanese broker who offered to be a coordinator for medical tourism to Asia appeared several years ago. Advanced nations in Europe frequently restrict or prohibit third-party reproduction or its commercial use for ethical reasons. On the other hand, newly emerging countries do not have sufficient regulation, so the use of third party reproduction is treated in a tolerant manner in many cases. Moreover, there are countries that will utilize such a regulation gap and economic discrepancy positively, seeing it as a golden opportunity for the acquisition of foreign currency through the promotion of medical tourism. As a result, this trend in women's body utilization has emerged on a global scale, from strictly regulated countries to more tolerant countries or to those countries where labor is cheaper.

A worldwide news report in 2008 stated that a Japanese man obtained surrogacy in India and the child became stateless as a result. This instance would seem to be the tip of the iceberg with regard to reproductive tourism on the part of Japanese people. There are no reliable data with regard to how many Japanese couples go abroad for medical treatment, to which areas, and for what reasons. It is necessary to clarify the actual situation of reproductive tourism practiced by Japanese. The medical and legal environments in the destination countries of Japanese medical tourists must be investigated and assessed. There are also many issues that should be examined, such as what kind of risk reproductive tourism may bring to Japanese patients and whether the violation of rights or exploitation may occur among the women who are used for reproductive purposes. Overall, we try to examine the problems of reproductive tourism from various viewpoints, including ethical, legal, social, gender, and medical perspectives.

Opportunities for Japanese people to become recipients of medical services abroad is expected to increase because of the wave of rapid economic and technical developments in newly emerging countries in the globalized world. However, the infertility patients who are going to be treated overseas are in a situation where there may be little specific guidance or support, a situation that holds great risk. On the other hand, the promotion of reproductive tourism may well lead to the exploitation of women who are socially and economically weaker. It is necessary to reconsider ART from the viewpoint of women and children as the significant parties in order to balance the protection of the weak with the promotion of ART, and to determine the appropriate technical developments that will lead to their well-being. A policy that prevents an excessive development of this practice, eugenic initiatives and the commercialization of women's bodies is also required. Aiming for the proper implementation of ART in Japan in the future, we have carefully inspected the trend overseas and the pros and cons of the enactment of regulations or laws, and we have considered which directions seem positive in this regard. We recommend the enhancement of support to infertility patients and the implementation of educational activities with regard to preventing infertility. Measures for adopting children, as an alternative to infertility treatment, are also required. We envision a social system that realizes a state of gender equality and that is appropriate for an aging society, with fewer children.

To clarify the current situation of the two parties with regard to reproduction tourism

Regarding our envisioned social system, we conducted surveys relating to medical and legal environments in newly emerging countries in Asia that are targets for reproductive tourism. We also investigated Japanese infertility patients’ attitudes and behaviors that are relevant to reproduction tourism. We comprehensively clarify the current situation of reproductive tourism undertaken by Japanese people based on an investigation of both sides.

To illuminate reproductive tourism with regard to ethical, legal, and social issues (ELSI)

We examine the problems associated with reproductive tourism from various viewpoints, including ethics, law, and gender, and utilize an interdisciplinary approach in this regard.

To suggest an appropriate implementation of ART among the Japanese population

We make suggestions, including the pros and cons of regulations or laws with regard to the proper implementation of ART in Japan, that pertain to the discussion and potential conclusions made by Japanese governmental committees. We refer to the controversy about reproductive tourism in Western countries, countries that take advantage of the practice in addition to Japan, and examine the kinds of legislation and policy procedures they are undertaking.

To reconsider ART from the viewpoint of women and children

ART deeply involves women on both sides of the practice: those that use it, and those that provide it. We consider, from the perspective of women, whether such technology leads to an improvement in women’s well-being. Moreover, we should also reconsider the issue from the viewpoint of children born through the technology. We perform educational activities aimed at providing support to infertility patients and at preventing infertility. We work toward a policy that cultivates choices other than infertility treatment. We consider a social design that realizes a state of gender equality, and one that is suitable for an aging society with fewer children.



最先端 次世代研究開発支援プログラムグローバル化金沢大学 グローバル化 JSPS 日本学術振興会 内閣府 生殖テクノロジーとヘルスケアを考える研究会 金沢大学医薬保健研究域医学系環境生態医学・公衆衛生学 pubmed cinii金沢大学附属図書館