Darwin Station was an explicitly Federation genetic research facility which was creating human children with telepathic and telekinetic powers, rapid physical maturation, and immensely powerful active immune systems (the last of which unwittingly killed the crew of a transport ship). This seems like precisely the sort of genetic engineering which has been banned in the Federation since it’s conception, in regulations which are repeatedly referenced in TNG, DS9, and VOY. And yet, nobody even hints at there being an ethical, legal, or regulatory issue with what these researchers are doing. Dr. Pulaski even says of one augment child, without any apparent concern, “We could be looking at the future of humanity.”
One would think that if one has a broad reaching policy against genetic augmentation principally motivated by the genetic wars, and by subsequent reinforcement of the idea that arbitrarily enhanced people are likely to be dangerously unstable, this sort of genetic program is exactly what that policy exists to prevent. And yet, there is it.
So, what happened here? Was this the product of a brief lull in Federation policy regarding genetic augmentation? A Federation research team going way off the rails, meeting an Enterprise crew feeling unusually liassez-faire about Federation law? Or something else?
Does it?
The Darwin Station researchers are human, as are their augmented subjects. Julian Bashir does not live on Earth at the time his augmentation is discovered. The Bashir family did not get this treatment done on Earth, and given the extreme lengths they went to get Julian treated, alongside Richard’s documented inability to keep a job consistently, it would have been utterly insane not to move to a different world (instead of a different city on Earth, as they actually did) after they got the treatment if this would also free them from any risk of legal repercussions.
Further, Strange New Worlds explicitly refers to this as a Federation law, and the principal reason why Illyrians are not welcome in the Federation.
I agree with you. However, playing devil’s advocate, it could be argued that the law was applied because Bashir is a citizen of United Earth within the Federation, meaning that per the Prime Directive, Earth can enforce its own law within the bounds of the Federation constitution (perhaps with some limits on enforcing certain parts on non-United Earth citizens, especially in a zone like San Francisco).