ABSTRACT
The legal status of the embryo varies considerably from one European country to another. It can be observed that many European jurisdictions – but notably not the UK – distinguish in legal terms between the use of ‘spare’, or supernumerary, embryos for research and the creation of embryos specifically for the purpose of research. The significance of this distinction must not be overlooked. Legislation of a member-state prohibiting the creation of embryos solely for research purposes, can rely on this legislation to prevent access to diagnostic methods such as preimplantation diagnosis. According to the literature, many theorists posit a morally relevant difference between ‘surplus’ embryos produced as part of a programme designed to result in embryos for implantation, and ‘research’ embryos created solely for research purposes. As such, there is no morally relevant difference between embryos already in existence because they are superfluous to requirements, or those who are intentionally created for research purposes.
