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Monitoring Stem Cell Research 
Many of these proposed laws suffer from drafting infirmities. 
For example, some of the states’ proposals create a loophole by only 
prohibiting the reproduction of a “genetically identical” individual 
through cloning.'^ Since the current cloning technique uses a 
donated egg to create a clone, the resulting individual will have 
some additional mitochondrial DNA from the enucleated egg, so he 
or she will not be genetically identical to the original individual.^^ In 
contrast, other states’ bills prohibit the reproduction of a “virtually 
genetically identical" individual through human cloning using a 
human or non-human egg,^® which would apply even if a donated 
egg, containing additional mitochondria were used. 
Certain states’ bills would prohibit the transferring of a 
human cell into a human egg cell.^^ But, in January 1998, scientists 
at the University of Wisconsin revealed that cow eggs could serve as 
incubators for nucleic DNA of other mammalian species.^® Thus, the 
proposed laws could be evaded by making a human clone via 
somatic cell DNA transfer into an enucleated cow egg. Other states’ 
bills prohibit human reproductive cloning using a human or non- 
human egg.'^® 
A New Jersey bill has the opposite problem. Rather than 
being too narrow, it is too broad, using vague language in places and 
even potentially banning the creation of children through sexual 
intercourse.®® The focus of the bill is to ban human cloning and 
germline genetic engineering. But it defines humem cloning as the 
replication of one or more human beings, through “sexual or asexual 
reproduction." When two people create a child sexually are they 
replicating themselves? The key word, “replication," is not defined. 
^ for example, IN HB 1538 § 1; IN SB 151 § l.a; MO HB 163 § 565.305; TN 
HB 1075 § 1; TN SB 1515 § 1. 
Unless, of course, one used an egg from the to-be-cloned person’s own 
mother. 
See, for example, CA SB 133 § 1; FL SB 1726 § 2.A; KY HB 153 § l.A; NE LB 
602 § 2.2; OK HB 1130 § C.l; SC SB 820 § 2.1; SC HB 3819 §2.1; WI SB 45 § l.c; 
WI AB 104§ l.c. 
See, for example, DE SB 55 § 3002; IL HB 253 § lO.c; NH HB 1464 § 141-J:2; 
NY SB 206 § 3230; NY SB 7638 § 3230; OR HB 2538 § 1. 
^ See Robert Lee Hotz, “Cow Eggs Used as Incubator in Cloning Boon," L.A. 
Times . Jan. 19, 1998, at Al. 
See , for example, CA SB 133 § 1. 
NJAB 2040(1). See also MA HB 3125 § 2A. 
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