What would the institution of the family look like, if it were reformed according to republican desiderata? Would it even survive such re-shaping?

In recent years, a number of writers dealingwith questions over parenthood that arisein the context of reproductive technologies andsurrogate motherhood, have appealed to thenotion of ``intentional parenthood''. Basingtheir argument on liberal values such asindividual autonomy, the freedom to entercontracts, the right to privacy, and individualself-fulfilment, they argue that contractuallystated intentions, rather than genetic orgestational relationships, should form thebasis of parental rights. Against this I arguethat parental rights do not derive fromcontractual agreements, but are based in theirobligations towards the child. I (...) then examinethe nature of the obligations that the variousparties have towards the child both pre- andpostnatally. (shrink)

In the growing philosophical literature on the family and its value, the parents' fiduciary role often serves to explain why the family is valuable from a child-centred perspective. Recently it has been further argued that this fiduciary role also explains the distinctive value the family has for parents. By offering a critique of that argument, the paper advances an alternative parent-centred account of the value of the family. It points out the process in families whereby parents reproduce some of their (...) characteristics in their children and thereby establish a powerful sense of interconnectedness and continuity between their own identity and the child's. The fact that the family provides quite a unique platform for developing this type of interpersonal bond may account for the striking importance ascribed to families. Liberal theory should accommodate this fact when offering an account of legitimate parental authority. (shrink)

The institution of the family and its importance have recently received considerable attention from political theorists. Leading views maintain that the institution’s justification is grounded, at least in part, in the non-instrumental value of the parent-child relationship itself. Such views face the challenge of identifying a specific good in the parent-child relationship that can account for how adults acquire parental rights over a particular child—as opposed to general parental rights, which need not warrant a claim to parent one’s biological progeny. (...) I develop a view that meets this challenge. This Project View identifies the pursuit of a parental project as a distinctive non-instrumentally valuable good that provides a justification for the family and whose pursuit is necessary and sufficient for the acquisition of parental rights. This view grounds moral parenthood in a normative relation as opposed to a biological one, supports polyadic forms of parenting, and provides plausible guidance in cases of assisted reproduction. (shrink)

Siblings ought to treat one another specially – in other words, siblings qua siblings ought to treat one another in ways that they need not treat others. This paper offers a theory of why this is the case. The paper begins with some intuitive judgments about how siblings ought to treat one another and some other normative features of siblinghood. I then review three potential theories of why siblings ought to treat one another specially, adapted from the literature on filial (...) piety: the gratitude theory, the friendship theory, and the special goods theory. In each case, these theories fail to explain some of the intuitive judgments about how siblings ought to treat one another. The paper then proposes a familial belonging theory. The institution of the family has certain goals, which impose normative demands on family members. I suggest that one such family goal is that every member feel familial belonging towards every other member, a goal which grounds the ways in which siblings ought to treat one another specially. (shrink)

The paper offers an account of co-parenthood according to which co-parents are parent and child to one another. The paper begins by reviewing extant theories of the value of being a parent, to see whether the value of co-parenthood is reducible to this. Finding that it is not, I briefly elaborate a theory of parenthood on which parents are those who create persons. Using Aristotle’s four causes as a helpful prism, I outline how parents are the cause of their child, (...) and how in causing a child together co-parents become parent and child to one another. For instance, since parents create children by offering themselves as models to be copied, co-parents should enjoy the best type of friendship with one another, each treating the other’s flourishing as a human person as their end. I suggest that co-parenthood contains parenthood virtually, that the co-parents’ love of their child is a manifestation of their love for one another, that the teleological fulfilled state of the friendship between parent and child exists in the friendship of co-parents. (shrink)

U radu se nudi prikaz su-roditeljstva prema kojem su su-roditelji jedno drugom i roditelj i dijete. Rad započinje pregledom postojećih teorija o vrijednosti roditeljstva kako bi se vidjelo može li se vrijednost su-roditeljstva svesti na to. Utvrdivši da se ne može, ukratko elaboriram teoriju roditeljstva po kojoj su roditelji ti koji stvaraju osobe. Koristeći Aristotelova četiri uzroka kao korisnu prizmu, ocrtavam kako su roditelji uzrok svog djeteta i kako u stvaranju djeteta zajedno su-roditelji postaju roditelji i dijete jedno drugome. Na (...) primjer, s obzirom na to da roditelji stvaraju djecu kao modele koje treba kopirati, su-roditelji bi trebali uživati u najboljoj vrsti prijateljstva jedni s drugima, tretirajući procvat onog drugog kao ljudske osobe kao svoj cilj. Predlažem da su-roditeljstvo sadrži roditeljstvo virtualno, da je ljubav su-roditelja prema djetetu manifestacija njihove ljubavi jednih prema drugima te da teleološki ispunjeno stanje prijateljstva između roditelja i djeteta postoji u prijateljstvu su-roditelja. (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)

ABSTRACT Does genetic relatedness define who is a mother or father and who incurs obligations towards or entitlements over children? While once the answer to this question may have been obvious, advances in reproductive technologies have complicated our understanding of what makes a parent. In a recent publication Bayne and Kolers argue for a pluralistic account of parenthood on the basis that genetic derivation, gestation, extended custody and sometimes intention to parent are sufficient (but not necessary) grounds for parenthood.1 Bayne (...) and Kolers further suggest that definitions of parenthood are underpinned by the assumption that ‘being causally implicated in the creation of a child is the key basis for being its parent’.2 This paper examines the claim that genetic relatedness is sufficient grounds for parenthood based on a causal connection between genetic parents and their offspring. I argue that parental obligations are about moral responsibility and not causal responsibility because we are not morally accountable for every consequence to which we causally contribute. My account includes the conditions generally held to apply to moral responsibility, i.e. freedom and foreseeability. I argue that parental responsibilities are generated whenever the birth of a child is a reasonably foreseeable consequence of voluntary actions. I consider the implications of this account for third parties involved in reproductive technologies. I argue that under some conditions the obligations generated by freely and foreseeably causing a child to exist can be justifiably transferred to others. (shrink)

It is widely accepted that parents have a fundamental moral obligation to consider and treat their children as each other’s equals. Yet the question of what grounds the equality of status among children in the eyes of their parents has so far been largely neglected in the literature on the philosophy of childhood and the ethics of parenthood. This paper fills this gap by developing a novel theory of the basis of filial equality: it argues that parents ought to consider (...) and treat their children as equals by virtue of loving them. Parental love is the basis of filial equality. (shrink)

ABSTRACT The Warnock Report fails to reveal an important underlying principle concerning the donation and transference of gametes and embryos. This principle contrasts sharply with the principle that children are non‐transferable. Consideration of where to place the line between transferable embryos and non‐transferable fetuses, or children, yields a conception of surrogacy that would set it apart from adoption. The paper argues for a coherent system of surrogacy supported by regulative institutions in which surrogacy is seen to facilitate an acceptable form (...) of parenthood. (shrink)

This paper examines the ethicalproblems that arise when research is carriedout after autopsy on dead infants. It comparesthe right of parents against that of the publicinterest in matters of research on dead minors. The basis for the respect that is widelyaccorded to the body of a dead person isexamined and is shown to ground the parentalinterest. A discussion of the nature of thefamily suggests that `informed consent' is notthe best term to apply to the process ofparental consultation. Some reasons areprovided (...) against using this term in the contextin which bereaved parents are consulted aboutautopsy and research on their dead infants. Itis suggested that a term such as `authorize'might better apply to this situation. (shrink)

Some of the concerns that have been raised in connection to the use of advance directives are of the epistemic variety. Such concerns highlight the possibility that adhering to an advance directive may conflict with what the author of the directive actually wants at the time of treatment. However, at least one objection to the employment of advance directives is metaphysical in nature. The objection to be discussed here, first formulated by Rebecca Dresser and labeled by Allen Buchanan as the (...) slavery argument and David DeGrazia the someone else problem, aims to undermine the legitimacy of certain uses of advance directives by concluding that such uses rest upon an incorrect assumption about the identity over time of those ostensibly governed by the directives. There have been numerous attempts to respond to this objection. This paper aims to assess two strategies that have been pursued to cope with the problem. (shrink)

The case of Charlie Gard, an infant with a genetic illness whose parents sought experimental treatment in the USA, brought important debates about the moral status of parents and children to the public eye. After setting out the facts of the case, this article considers some of these debates through the lens of parental rights. Parental rights are most commonly based on the promotion of a child’s welfare; however, in Charlie’s case, promotion of Charlie’s welfare cannot explain every fact of (...) the case. Indeed, some seem most logically to extend from intrinsic parental rights, that is, parental rights that exist independent of welfare promotion. I observe that a strong claim for intrinsic parental rights can be built on arguments for genetic propriety and children’s limited personhood. Critique of these arguments suggests the scope of parental rights remains limited: property rights entail proper use; non-personhood includes only a small cohort of very young or seriously intellectually disabled children and the uniqueness of parental genetic connection is limited. Moreover, there are cogent arguments about parents’ competence to make judgements, and public interest arguments against allowing access to experimental treatment. Nevertheless, while arguments based on propriety may raise concerns about the attitude involved in envisioning children as property, I conclude that these arguments do appear to offer a prima facie case for a parental right to seek experimental treatment in certain limited circumstances. (shrink)

In this paper, I explore the ways in which consideration of adolescent parents forces us to confront and question common presuppositions about parental rights. In particular, I argue that recognising the right of adolescent mothers not to be forcibly separated from their newborn children justifies rejecting the notion that parental rights are all acquired in the same manner and acquired as a ‘bundle’ of concomitant moral rights. I conclude that children and adolescents who conceive and give birth have some parental (...) rights concerning their newborn children – in particular, the right not to be forcibly separated from those children – even if they do not have the ‘full complement’ of parental rights as we generally characterise these. (shrink)

Resumen En este artículo se argumenta a favor de la relevancia moral de los lazos biológicos en la parentalidad. En primer lugar, se realiza un estado del arte en base a dos cuestiones: 1) la importancia de hecho que poseen los lazos biológicos en la caracterización de la relación parental; 2) la relevancia moral de estos lazos. Se argumenta que los lazos biológicos son importantes para establecer el paradigma de la parentalidad, que este es condición de posibilidad de la moralidad (...) de la parentalidad, pero que esto no implica superioridad del modelo bionormativo respecto de otros modelos.In this article, we argue in favor of biological ties' moral relevance in the parental relationship. In the first place, we review the state-of-art literature in two respects: 1) the factual importance that biological ties have in the characterization of the parental relationship; 2) the moral relevance of these ties. We argue that biological ties are essential to establish the parenting paradigm. This paradigm is a condition of possibility for parenting morality, but that this does not imply the superiority of the bionormative model over other models. (shrink)

The article presents a theory of the basis and nature of parents’ rights that appeals to the goods distinctively produced by intimate-but-authoritative relationships between adults and the children they parent. It explores the implications of that theory for questions about parents’ rights to raise their children as members of a religion, with particular attention to the issue of religious schooling. Even if not obstructing the development of their children’s capacity for autonomy, parents exceed the bounds of their legitimate authority in (...) so far as they aim deliberately to influence their children’s religious views. Healthy familial relationships involve some identification of child with parent and require a sphere of spontaneous interaction between parent and child that are in any case likely to influence those views and constitute a standing threat to autonomy. Correcting over-deferential understandings of parents’ rights enables schools better to promote not only children’s autonomy but also other legitimate civic goals. (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.