Philosophical theories about parental licensing tend to pay insufficient attention to forms of discrimination that may be inherent in, or result from, a system of parental licensing. By situating these theories in relation to the status quo on parental licensing, we aim to show how many of them reinforce what philosophers have called “biologism”: the privileging of families formed through biological reproduction over families formed in other ways. Much of our discussion focuses on biologism, although we also touch on other (...) forms of discrimination that parental licensing can cause or exacerbate, such as classism, sexism, homophobia, racism, and ableism. We firmly believe that any adequate proposal in favour of parental licensing must take worries about discrimination seriously. Unfortunately, most philosophical proposals fail to do so. (shrink)

Progressive family policy regimes typically aim to promote and protect women’s opportunities to participate in the workforce. These policies offer significant benefits to affluent, two-parent households. A disproportionate number of low-income and impoverished families, however, are headed by single mothers. How responsive are such policies to the objectives of these mothers and the needs of their children? This chapter argues that one-size-fits-all family policy regimes often fail the most vulnerable household and contribute to intergenerational poverty in two ways: by denying (...) at-risk children adequate parenting, and by undermining their mothers’ legitimate interest in nurturing and caring for their own children. The capabilities of these mothers and the well-being of their children are better served by policies which recognise maternal caregiving as a productive and valuable occupation meriting equal respect and social support. (shrink)

When reflecting on human need as a moral-political category, it is natural to include some intersubjective conditions. Surely, children need to be socialized, adults need to be recognized, and the poor need to be given certain resources. I point out that there are two different respects in which such intersubjective factors could be considered needs. On the one hand, they might be needed roughly for their own sake, that is, for exemplifying relational values such as caring for others and sharing (...) a way of life with them. On the other hand, those intersubjective conditions might be needed for the realization of intrinsic values distinct from them, such as autonomy, biological health, or the absence of pain. After spelling out this intrinsic/relational way of valuing intersubjectivity, I provide reason to take seriously the characteristically African idea that we need others in our lives largely because certain ways of relating are valuable as ends and not merely as means to intrinsic goods. I also argue that acknowledging that we need others for such relational considerations would affect public policy in revealing and plausible ways, specifically with respect to poverty, employment, education, and the fourth industrial revolution. (shrink)

The status quo on parental licensing in most Western jurisdictions is that licensing is required in the case of adoption but not in the case of assisted or unassisted biological reproduction. To have a child via adoption, one must fulfill licensing requirements, which, beyond the usual home study, can include mandatory participation in parenting classes. One is exempt from these requirements, however, if one has a child via biological reproduction, including assisted reproduction involving donor gametes or a contract pregnancy. In (...) an earlier paper, we challenged this system of parental licensing by showing that arguments in favour of it do not succeed. One argument we failed to consider, however, is that prospective biological parents have a right to reproduce that protects them against the sort of state interference that is involved in parental licensing. According to this argument, because prospective adoptive parents do not exercise a similar right when attempting to become parents, they are not similarly protected. In this paper, we argue that this reproductive rights argument, like other arguments in favour of the status quo on parental licensing, is flawed. We also question whether people in fact have a right to reproduce, and in doing so distinguish this right from others that we think are legitimate, including a right to become a parent and a right to bodily autonomy. (shrink)

Surrogacy involves a private agreement whereby a woman who gestates a child attempts to surrender her (putative) moral right to become the parent of that child such that another person (or persons), of the woman’s choice, can acquire it. Since people lack the normative power to privately transfer custody, attempts to do so are illegitimate, and the law should reflect this fact.

In this paper, I will argue that some prominent objections to parental licensing rely on dubious claims about the existence of a very stringent, if not indefeasible, right to parent, which would be violated by licensing. I claim that attaching such stringency to the right only makes sense if we make a number of idealising assumptions. Otherwise, it is deeply implausible. Instead, I argue that we should evaluate parental licensing policies in much the same way we would harm reduction policies. (...) By adopting this critical perspective, we can see that there are powerful, but quite different, reasons to be cautious about parental licensing relating to our ability to minimize the harmful effects of mass-parenting in a world of minimal surveillance and intervention. (shrink)

It is widely assumed that the strongest case for permitting non‐medical sex selection is where parents aim at family balance. This piece criticizes one representative attempt to justify sex selection for family balance. Kluge (2007) assumes that some couples may seek sex selection because they hold discriminatory values, but this need not impugn those who merely have preferences, without evaluative commitments, for a particular sex. This is disputed by those who see any sex selection as inherently sexist because it upholds (...) stereotypes about the sexes. This article takes an alternative approach. I argue that, even if we accept that preference‐based selection is unobjectionable, a policy permitting selection for family balancing does a poor job of distinguishing between value‐based and preference‐based selection. If we wish to permit only preference‐based sex selection we should seek to identify parents’ motives. If we wish to justify a family balancing policy, other arguments are needed. (shrink)

As medical technology continues to improve, more people will live longer lives with multiple chronic illnesses with increasing cumulative debilitation, including cognitive dysfunction. Combined with the aging of society in most developed countries, an ever-growing number of patients will require surrogate decision-makers. While advance care planning by patients still capable of expressing their preferences about medical interventions and end-of-life care can improve the quality and accuracy of surrogate decisions, this is often not the case, not infrequently leading to demands for (...) ineffective, inappropriate and prolonged interventions. In 1980 LaFollette called for the licensing of prospective parents, basing his argument on the harm they can do to vulnerable people. In this paper, I apply his arguments to surrogate decision-makers for cognitively incapacitated patients, rhetorically suggesting that we require potential surrogates to qualify for this position by demonstrating their ability to make reasonable and rational decisions for others. I employ this theoretical approach to argue that the loose criteria by which we authorize surrogates’ generally unchallenged power should be reconsidered. (shrink)

LaFollette proposed that the best way to protect children from abuse and neglect caused by their parents would be to implement parental licenses to prospective parents. In this paper, I re-evaluate his proposal by looking at various facts and data related to child abuse and neglect. It will be suggested that (a) parenting as a profession does not satisfy the third of LaFollette’s criteria for the introduction of licenses, which is “The benefits of the licensing program outweigh any theoretical reasons (...) against it” (LaFollette 2010, 328), (b) it would subject too many people to unnecessary tests and (c) parenting cannot be compared to other professions licenses are usually issued for. (shrink)

This article casts light on the moral implications of the possibility of human extinction, with a specific focus on extinction caused by an interruption in human reproduction. In the first two paragraphs, I show that moral philosophy has not yet given promising explanations for the wrongness of this kind of extinction. Specifically, the second paragraph contains a detailed rejection of John Leslie’s main claims on the morality of extinction. In the third paragraph, I offer a demonstration of the fact that (...) a moral view which stresses the permissibility of some types of human extinction can be effectively constructed, while in the following paragraph I propose a prima facie defense of a new approach to the topic which is likely to provide us with reasons in favor of the wrongness of a premature departure of humankind. (shrink)

Early intervention aims to identify children or families at risk of poor health, and take preventative measures at an early stage, when intervention is more likely to succeed. EI is concerned with the just distribution of “life chances,” so that all children are given fair opportunity to realize their potential and lead a good life; EI policy design, therefore, invokes ethical questions about the balance of responsibilities between the state, society, and individuals in addressing inequalities. We analyze a corpus of (...) EI policy guidance to investigate explicit and implicit ethical arguments about who should be held morally responsible for safeguarding child health and well-being. We examine the implications of these claims and explore what it would mean to put the proposed policies into practice. We conclude with some remarks about the useful role that philosophical analysis can play in EI policy development. (shrink)

Policy-makers have attempted to frame the ethical requirements that are relevant to the creation of human beings via reproductive technologies. Various reports and laws enacted in New Zealand, Canada, Australia, and Britain have introduced tests for how we should weigh child welfare when using these technologies. A number of bioethicists have argued that child welfare should be interpreted as a “best interests” test. Others have argued that there are ethical reasons why we should abandon this kind of test. I will (...) argue that at least some of the relevant policy can be interpreted as requiring those wishing to exercise their procreative liberty to have a reasonable plan to care and nurture any resulting child, thereby respecting the internal preconditions of that liberty. This interpretation of child welfare requirements answers some of the ethical worries about a child welfare test. (shrink)

This paper comes out of a panel honoring the work of Anne Donchin (1940-2014), which took place at the 2016 Congress of the International Network on Feminist Approaches to Bioethics (FAB) in Edinburgh. My general aim is to highlight the contributions Anne made to feminist bioethics, and to feminist reproductive ethics in particular. My more specific aim, however, is to have a kind of conversation with Anne, through her work, about whether reproductive justice could demand insurance coverage for in vitro (...) fertilization. I quote liberally from Anne’s work for this purpose, but also to shower the reader with her words, reminding those of us who knew her well what a wonderful colleague she was. (shrink)

According to various accounts, intervention in pediatric decisions is justified either by the best interests standard or by the harm principle. While these principles have various nuances that distinguish them from each other, they are similar in the sense that both focus primarily on the features of parental decisions that justify intervention, rather than on the competency or authority of the parties that intervene. Accounts of these principles effectively suggest that intervention in pediatric decision making is warranted for both physicians (...) and the state under precisely the same circumstances. This essay argues that there are substantial differences in the competencies and authorities of physicians and the state, and that the principles that guide their interventions should also be conceived differently. While both the best interests standard and the harm principle effectively incorporate important aspects of physicians’ ethical obligations, neither adequately reflects the state’s ethical obligations. In contrast to physicians, the state has major obligations of distributive justice and neutrality that should form an integral part of any proposed ethical principles guiding state intervention in pediatric decision making. The differences are illustrated by examining recent cases involving parental refusal of chemotherapy in aboriginal Canadian communities and parental refusal of blood transfusions by Jehovah’s Witnesses. (shrink)

This paper argues that the convention of allocating donated gametes on a ‘first come, first served’ basis should be replaced with an allocation system that takes into account more morally relevant criteria than waiting time. This conclusion was developed using an empirical bioethics methodology, which involved a study of the views of 18 staff members from seven U.K. fertility clinics, and 20 academics, policy-makers, representatives of patient groups, and other relevant professionals, on the allocation of donated sperm and eggs. Against (...) these views, we consider some nuanced ways of including criteria in a points allocation system. We argue that such a system is more ethically robust than ‘first come, first served’, but we acknowledge that our results suggest that a points system will meet with resistance from those working in the field. We conclude that criteria such as a patient's age, potentially damaging substance use, and parental status should be used to allocate points and determine which patients receive treatment and in what order. These and other factors should be applied according to how they bear on considerations like child welfare, patient welfare, and the effectiveness of the proposed treatment. (shrink)

By meeting needs for individualized love and relatedness, the care we receive deeply shapes our social and economic chances and therefore represents a form of luck. Hence, distributive justice requires a fair distribution of care in society. I look at different ways of ensuring this and argue that full redistribution of care is beyond our reach. I conclude that a strong individual morality informed by an ethics of care is a necessary complement of well-designed institutions.

Journal of Social Philosophy, Volume 53, Issue 1, Page 113-126, Spring 2022.

In this paper we re-examine Hugh LaFollette's proposal that the state carefully determine the eligibility and suitability of prospective parents before granting them a ?license to parent?. Assuming a prima facie case for licensing parents grounded in our duty to promote the welfare of the child, we offer several considerations that complicate LaFollette's radical proposal. We suggest that LaFollette can only escape these problems by revising his proposal in a way that renders the license effectively obsolete, a route he implicitly (...) adopts in his recent revisiting of the licensing proposal. We conclude that there is little merit in the idea of licensing ?natural? parents as a practical policy proposal, and raise some questions about its continued use in relation to adoptive and foster parents. (shrink)

In this paper we look at the implications of an emerging technology for the case in favor of, or against, postmenopausal motherhood. Technologies such as in vitro derived gametes have the potential to influence the ways in which reproductive medicine is practiced, and are already bringing new dimensions to debates in this area. We explain what in vitro derived gametes are and how their development may impact on the case of postmenopausal motherhood. We briefly review some of the concerns that (...) postmenopausal motherhood has raised—and the implications that the successful development, and use in reproduction, of artificial gametes might have for such concerns. The concerns addressed include arguments from nature, risks and efficacy, reduced energy of the mother, and maternal life expectancy. We also consider whether the use of in vitro derived gametes to facilitate postmenopausal motherhood would contribute to reinforcing a narrow, geneticized account of reproduction and a pro-reproductive culture that encourages women to produce genetically related offspring at all costs. (shrink)

It is often stated in international and domestic legal documents that children have a right to be loved. Yet there is very little explanation of why this right exists or what it entails. Matthew Liao has recently sought to provide such an explanation by arguing that children have a right to be loved as a human right. I will examine Liao?s explanation and in turn argue that children do not have a right to be loved. The first part of the (...) paper will be concerned with showing that Liao cannot support his empirical claims. I will then argue that loving cannot be a duty, and that even if we were willing to concede that it is, love is not always accompanied by loving treatment. Finally, I consider two alternative interpretations of the right to be loved and argue that even given these, children do not have a right to be loved. (shrink)

It might become possible to build artificial minds with the capacity for experience. This raises a plethora of ethical issues, explored, among others, in the context of whole brain emulations (WBE). In this paper, I will take up the problem of vulnerability – given, for various reasons, less attention in the literature – that the conscious emulations will likely exhibit. Specifically, I will examine the role that vulnerability plays in generating ethical issues that may arise when dealing with WBEs. I (...) will argue that concerns about vulnerability are more matters of institutional design than individual ethics, both when it comes to creating humanlike brain emulations, and when animal-like emulations are concerned. Consequently, the article contains reflection on some institutional measures that can be taken to protect the sims' interests. It concludes that an institutional framework more likely to succeed in this task is competitive and poly-centric, rather than monopolistic and centralized. (shrink)

: In liberal societies (where birth control is generally accepted and available), many people decide whether or not they wish to become parents. One key question in making this decision is, What kind of parent will I be? Parenting competence can be ranked from excellent to competent to poor. Cassidy argues that those who can foresee being poor parents, or even merely competent ones, should opt not to parent.

In liberal societies, many people decide whether or not they wish to become parents. One key question in making this decision is, What kind of parent will I be? Parenting competence can be ranked from excellent to competent to poor. Cassidy argues that those who can foresee being poor parents, or even merely competent ones, should opt not to parent.

What do we as a society, and as parents in particular, owe to our children? Each chapter in Taking Responsibility for Children offers part of an answer to that question. Although they vary in the approaches they take and the conclusions they draw, each contributor explores some aspect of the moral obligations owed to children by their caregivers. Some focus primarily on the responsibilities of parents, while others focus on the responsibilities of society and government. The essays reflect a mix (...) of concern with the practical and the philosophical aspects of taking responsibility for children, addressing such topics as parental obligations, the rights and entitlements of children, the responsibility of the state, the role and nature of public education in a liberal society, the best ways to ensure adequate child protection, the licensing of parents, children’s religious education, and children’s health. Taking Responsibility for Children will be of interest to philosophers, advocates for children’s interests, and those interested in public policy, especially as it relates to children and families. (shrink)

For most of human history children have been a byproduct of sex rather than a conscious choice by parents to create people with traits that they care about. As our understanding of genetics advances along with our ability to control reproduction and manipulate genes, prospective parents have stronger moral reasons to consider how their choices are likely to affect their children, and how their children are likely to affect other people. With the advent of cheap and effective contraception, and the (...) emergence of new technologies for in vitro fertilization, embryo selection, and genetic engineering, it is becoming increasingly difficult to justify rolling the genetic dice by having children without thinking about the traits they will have. It is time to face up to the awesome responsibilities that accompany our reproductive choices. (shrink)

Philosophical defenses of parents’ rights typically appeal to the interests of parents, the interests of children, or some combination of these. Here I propose that at least in the case of biological, non-adoptive parents, these rights have a different normative basis: namely, these rights should be accorded to biological parents because of the compensatory duties such parents owe their children by virtue of having brought them into existence. Inspried by Seana Shiffrin, I argue that procreation inevitably encumbers the wills of (...) children in otherwise morally objectionable ways. Such subjection generates duties to compensate children, even if the child’s life is on balance a benefit to her. The right to procreate is thus conditioned on prospective parent’s willingness to compensate for the harms of procreation. And because parents bear such compensatory duties, they must be accorded permissions (i.e., rights) to fulfill these duties. These rights include familiar exclusionary rights to promote children’s welfare, etc. Moreover, because subjecting children to harms or the risks thereof violates their autonomy, parental duties (and rights) include the provision of education and other goods that enable their subsequent autonomy as adults. Grounding parental rights in compensatory procreative duties avoids problems associated with appeals to the interests of children (e.g., that these interests do not seem to generate exclusive parental rights) or to the interests of parents (e.g., that these interests do not appear strong enough to permit the creation of a new, vulnerable human individual). (shrink)

In this dissertation I examine ethical issues that concern fertility preservation (FP) technologies for women from a feminist perspective. FP technologies involve the removal, cryopreservation and subsequent storage of reproductive materials for future use. The aim of these technologies is to preserve the option of future genetic reproduction. FP technologies have been developed in the cancer context because infertility is one of the long-term side-effects of many cancers or cancer therapies. Many FP technologies are still experimental, but some technologies are (...) becoming available to healthy women who wish to guard against age-related infertility. Although FP technologies are expanding women’s reproductive options and benefitting some women by satisfying their desires for genetically-related children, these technologies pose numerous physical, emotional and financial risks to women. I maintain that a feminist examination of choice is necessary for the ethical provision of FP technologies within patriarchal contexts. My analysis begins by demarcating two oppressive social biases from one another: namely pronatalism and biologism. I argue that each of these biases can unduly influence women’s reproductive choices about FP technologies. I then consider how these biases might be identified and challenged in the FP decision-making context. I outline an ethical process of informed choice that is equipped to protect patient autonomy when such autonomy is threatened by these biases. I then consider whether the choice to use FP should be available to both women within and without the cancer contexts. I argue that both disease-related FP and age-related FP can be morally permissible. Finally, I consider whether there should be an upper age limit on women’s access to their stored reproductive materials. I argue that age can be morally relevant to reproduction and thus age limits on access to assisted reproduction are morally permissible. I conclude by suggesting how feminist insights might inform policies on FP technologies and related assisted reproductive technologies. In sum, my dissertation shows that a feminist analysis of choices about FP is essential for ensuring the ethical provision of FP technologies. (shrink)

The process of adopting a child is “not for the faint of heart.” This is what we were told the first time we, as a couple, began this process. Part of the challenge lies in fulfilling the licensing requirements for adoption, which, beyond the usual home study, can include mandatory participation in parenting classes. The question naturally arises for many people who are subjected to these requirements whether they are morally justified. We tackle this question in this paper. In our (...) view, while strong reasons exist in favour of licensing adoptive parents, these reasons support the licensing not only of adoptive parents, but of all or some subset of so-called “natural” parents as well. We therefore conclude that the status quo with respect to parental licensing, according to which only adoptive parents need to be licensed, is morally unjustified. (shrink)

Hugh Lafollette’s theoretical justification of parental licensing hinges upon consideration of the harms associated with raising children. If we understand Lafollette’s stance as one in which the moral status of children is equal to that of other human beings, we must consider what such a commitment might require of social institutions such as the family. Unlike other licensing programs, I argue that Lafollette’s parental licensing program serves as a tool by which fair equality of opportunity can be acquired for those (...) living within a given society. I attempt to demonstrate how the normative views as to the sovereignty of parents serve to discount the moral status of children, thus limiting the protections offered against child maltreatment. I will show how Lafollette’s theoretical justifications align with concerns addressed in John Stuart Mill’s harm principle and Rawlsian views as to the importance of access to fair equality of opportunity. (shrink)

Many states recognize a legal right to bodily integrity, understood as a right against significant, nonconsensual interference with one’s body. Recently, some have called for the recognition of an analogous legal right to mental integrity: a right against significant, nonconsensual interference with one’s mind. In this chapter, we describe and distinguish three different rationales for recognizing such a right. The first appeals to case-based intuitions to establish a distinctive duty not to interfere with others’ minds; the second holds that, if (...) we accept a legal right to bodily integrity, then we must, on pain of philosophical inconsistency, accept a case for an analogous right over the mind; and the third holds that recent technological developments create a need for a legal right to mental integrity. (shrink)

Hugh Lafollette’s theoretical justification of parental licensing hinges upon consideration of the harms associated with raising children. If we understand Lafollette’s stance as one in which the moral status of children is equal to that of other human beings, we must consider what such a commitment might require of social institutions such as the family. Unlike other licensing programs, I argue that Lafollette’s parental licensing program serves as a tool by which fair equality of opportunity can be acquired for those (...) living within a given society. I attempt to demonstrate how the normative views as to the sovereignty of parents serve to discount the moral status of children, thus limiting the protections offered against child maltreatment. I will show how Lafollette’s theoretical justifications align with concerns addressed in John Stuart Mill’s harm principle and Rawlsian views as to the importance of access to fair equality of opportunity. (shrink)