Abstract:
Nowadays, the innovation of the use of human organ, such as stem cell, has brought to the scientific research. The human embryonic stem cell research has affected the human right, liberty and so on the dignity of human dignity since there is no law, regulation or even appropriate ethical tradition as to the process of embryonic stem cell obtainment and the source of adult stem cell. This problem also includes the unlimited scope of the human embryonic stem cell researches, the smuggling of genetic duplication and some scientific objectives where is conflict with the public order. Moreover, there is no any inspection toward the researches to ensure that oocyte, sperm or stem cell donors will not be in danger caused by unreasonable and unnecessary embryo destruction. According to the stem cell research laws in the United Kingdom, the United States, France and Singapore, the significant doctrine is that the informed consent to use embryos must be obtained from oocyte and sperm donors. Furthermore, such embryos can only be used for researches within 14 days after conception. Human embryonic stem cell researchers must be permitted by the ethical committee. The use of embryos must be governed by some requirements of universal ethics called the Belmont Report : Ethical Principles and Guidelines for the Protection of Human Subjects of Research. The Belmont Report emphasized that research must respect the autonomy of participants, must maximize benefits and minimize possible harms. Also, it should be governed by the World Medical Association Declaration of Helsinki and the Ethics and Suggestion of UNESCO. In Thailand, the Alternative Reproductive Technology law has been drafting. The drafted Thai law has faced some ethical legal and social issues. This thesis proposes that the Thai law should apply some foreign rules and laws for example; the misinformation and non-reported experiment rule regulated in the United Kingdom, criminal liabilities for any conspiracy and supporter of illegal experiments and 14 day rules enforced in the United States, the conditions of embryo use in France and the prohibited use of human embryo to obtain stem cell in Singapore. This issue will be discussed in the final part of the thesis