On the news of Lulu and Nana having been born, the ''
People's Daily'' announced the experimental result as "a historical breakthrough in the application of gene editing technology for disease prevention." But scientists at the Second International Summit on Human Genome Editing immediately developed serious concerns.
Robin Lovell-Badge, head of the Laboratory of Stem Cell Biology and Developmental Genetics at the
Francis Crick Institute, who moderated the session on 28 November, recalled that He Jiankui did not mention human embryos in the draft summary of the presentation. He received an urgent message on 25 November through
Jennifer Doudna of the
University of California, Berkeley, a pioneer of the CRISPR/Cas9 technology, to whom he had confided the news earlier that morning. and concerns raised for the long term well-being of Lulu and Nana. and later, "He Jiankui's experiment was, amazingly, even worse than I first thought."
Kiran Musunuru, one of the experts called on to review He's manuscript and who later wrote a book on the scandal, called it a "historic ethical fiasco, a deeply flawed experiment". On the night of 26 November, 122 Chinese scientists issued a statement criticizing his research. They declared that the experiment was unethical, "crazy" and "a huge blow to the global reputation and development of Chinese science". On 28 November 2018, the organising committee of the Second International Summit on Human Genome Editing, led by Baltimore, issued a statement, declaring:At this summit we heard an unexpected and deeply disturbing claim that human embryos had been edited and implanted, resulting in a pregnancy and the birth of twins. We recommend an independent assessment to verify this claim and to ascertain whether the claimed DNA modifications have occurred. Even if the modifications are verified, the procedure was irresponsible and failed to conform with international norms. Its flaws include an inadequate medical indication, a poorly designed study protocol, a failure to meet ethical standards for protecting the welfare of research subjects, and a lack of transparency in the development, review, and conduct of the clinical procedures.On 29 January 2019, it was learned that a U.S. Nobel laureate
Craig Mello interviewed He about his experiment with gene-edited babies. In February 2019, He's claims were reported to have been confirmed by Chinese investigators, according to
NPR News. Around that time, news reported that the Chinese government may have helped fund the CRISPR babies experiment, at least in part, based on newly uncovered documents.
Consequences On 29 November 2018, Chinese authorities suspended all of He's research activities, saying his work was "extremely abominable in nature" and a violation of Chinese law. He was sequestered in a university apartment under some sort of surveillance. On 21 January 2019, He was fired from his job at SUSTech and his teaching and research work at the university was terminated. The same day, the Guangdong Province administration investigated the "gene editing baby incident", which is explicitly prohibited by the state. On 30 December 2019, the Shenzhen City Nanshan District People's Court found He Jiankui guilty of
illegal practice of medicine (equivalent to the crime of "practicing medicine without a license" in many other jurisdictions), sentencing him to three years in prison with a fine of
CN¥3 million (about US$). According to the district court's judgment, He Jiankui's gene editing was deemed medical practice by the court. He had never obtained a medical degree or held a medical license in any jurisdiction. The court also found that he deliberately concealed crucial information and failed to disclose any details or risks associated with the program to the parents of the gene-edited babies. He recruited other people to impersonate the parents to undergo physical examinations. He also evaded government and university regulations through forgery and other means, and committed several other illegal acts. In its judgment, the court stated that He Jiankui, in pursuit of fame and profit, crossed the bottom line of scientific research and medical ethics by rashly applying gene-editing technology to human assisted reproductive medicine, violating national regulations concerning practicing medicine and research, disrupting medical management order, and the circumstances were serious. Among the collaborators, only two were indicted – Zhang Renli of the Guangdong Academy of Medical Sciences and Guangdong General Hospital, received a two-year prison sentence and a 1-million RMB (about US$) fine, and Qin Jinzhou of the Southern University of Science and Technology received an 18-month prison sentence and a 500,000 RMB (about US$) fine. The three were found guilty of having "forged ethical review documents and misled doctors into unknowingly implanting gene-edited embryos into two women." Zhang and Qin were officially banned from working in assisted reproductive technology for life. On 26 November 2018,
The CRISPR Journal published
ahead of print an article by He, Ryan Ferrell, Chen Yuanlin, Qin Jinzhou, and Chen Yangran in which the authors justified the ethical use of CRISPR gene editing in humans. As the news of CRISPR babies broke out, the editors reexamined the paper and retracted it on 28 December, announcing:[It] has since been widely reported that Dr. He conducted clinical studies involving germline editing of human embryos, resulting in several pregnancies and two alleged live births. This was most likely in violation of accepted bioethical international norms and local regulations. This work was directly relevant to the opinions laid out in the Perspective; the authors' failure to disclose this clinical work manifestly impacted editorial consideration of the manuscript.
Michael W. Deem, an American bioengineering professor at
Rice University and He's doctoral advisor, was involved in the research and present when people involved in the study gave consent. As of 2022, the university has not yet issued any information on his conduct. He resigned from the university in 2020, Stanford University also investigated its faculty of He's confidants including
William Hurlbut,
Matthew Porteus, and
Stephen Quake, his main mentor in gene editing. The university's review committee concluded that the accused "were not participants in [He Jiankui's] research regarding genome editing of human embryos for intended implantation and birth and that they had no research, financial or organizational ties to this research." In response to He's work, the
World Health Organization, formed a committee comprising "a global, multi-disciplinary expert panel" called the Expert Advisory Committee on Developing Global Standards for Governance and Oversight of Human Genome Editing "to examine the scientific, ethical, social and legal challenges associated with human genome editing (both somatic and germline)" in December 2018. In 2019, it issued a call to halt all work on human genome editing, and launched a global registry to track research in the field. It had issued three reports for the recommended guidelines on human genome editing since 2019. and should be banned. In May 2019, the Chinese government prepared gene-editing regulations stressing that anyone found manipulating the human genome by genome-editing techniques would be held responsible for any related adverse consequences. The
Civil Code of the People's Republic of China was amended in 2020, adding Article 1009, which states: "any medical research activity associated with human gene and human embryo must comply with the relevant laws, administrative regulations and national regulation, must not harm individuals and violate ethical morality and public interest." It was enacted on 1 January 2021. A draft of the 11th Amendment to the Criminal Law of the People's Republic of China in 2020 has incorporated three types of crime: the illegal practice of human gene editing, human embryo cloning and severe endangering of the security of human genetic resources; with penalties of imprisonment of up to 7 years and a fine. ==Ethical controversies==