Abstract

Should parental rights be allocated to the best available parent? Anca Gheaus has argued that they should and that the interests of those who might rear them are strictly irrelevant to their allocation. This discussion article defends the view that parents’ interests are relevant to parental rights, against this latest argument. I show that the Best Available Parent View, as stated, conflicts with the exclusion of parental interests, on which it allegedly rests. I show that by including parental interests we better explain how parental rights should be distributed and over a wider range of cases.