Fatherhood

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.

Cases of non-traditional family-making offer a rich seam for thinking about normative parenthood. Gamete donors are genetically related to the resulting offspring but are not thought to be normative parents. Gestational surrogates are also typically not thought to be normative parents, despite having gestated a child. Adoptive parents are typically thought to be normative parents even though they are neither genetically nor gestationally related to their child. Philosophers have paid attention to these kinds of cases. But they have not paid (...) attention to what the people who have engaged in these forms of family-making have to say about what they’re doing and, more specifically, how they answer the questions: “Who is the normative parent? And why?” Paying attention to their answers reveals two things. First, accounts of parenthood from people involved in two forms of non-traditional family-making – reproduction with gestational surrogacy and reproduction with donated eggs – are mutually inconsistent. This is not surprising. What is surprising is that the contradictory aspects of the views evince a common commitment to, as I shall put it, naturalizing parenthood. The central goal of this paper is to explain what that means, but rough idea is that in naturalizing parenthood, prospective parents aim to put the features that make someone a normative parent beyond the reach of human agency. I conclude by briefly suggesting that we should think of the grounds of normative parenthood – and the very task of theorizing about the grounds of normative parenthood – in a way that avoids the need to naturalize altogether. (shrink)

Is the wish to be biologically related to your children legitimate? Here, I respond to an argument in support of a negative answer to this question according to which a preference towards having children one is biologically related to is analogous to a preference towards associating with members of one’s own race. I reject this analogy, mainly on the grounds that only the latter constitutes discrimination; still, I conclude that indeed a preference towards children one is biologically related to is (...) morally illegitimate because, in the context of parental love, biological considerations are normatively irrelevant. (shrink)

Common sense morality and legislations around the world ascribe normative relevance to biological connections between parents and children. Procreators who meet a modest standard of parental competence are believed to have a right to rear the children they brought into the world. I explore various attempts to justify this belief and find most of these attempts lacking. I distinguish between two kinds of biological connections between parents and children: the genetic link and the gestational link. I argue that the second (...) can better justify a right to rear. (shrink)