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Ethical issues of reproductive technology

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Reproductive <strong>technology</strong><br />

<strong>Ethical</strong> Issues<br />

Reproductive <strong>technology</strong> and surrogacy. A<br />

global perspective<br />

Reykjavik 25-27 August<br />

Nordic Committee on Bioethics


Hunger for children<br />

• “When we speak <strong>of</strong> suffering <strong>of</strong> people who<br />

want to have children but cannot, “suffering” is<br />

neither metaphor nor hyperbole: people who<br />

crave children to raise and love but cannot<br />

have them suffer because, for many <strong>of</strong> us, our<br />

children are a vital part <strong>of</strong> our own flourishing”<br />

– Thomas H Murray, p. 14


Surrogacy<br />

• Adoptions are <strong>of</strong>ten complicated<br />

• People have rights to make contract and personal<br />

arrangements<br />

• Not much difference between surrogacy or ART and<br />

what takes place in other context<br />

• Willingness to give one <strong>of</strong> the greatest gift <strong>of</strong> all


Surrogacy<br />

• Treats children as commodities.<br />

• Treats women’s <strong>reproductive</strong> capacities or labor as<br />

commodities<br />

– analogy to slavery or prostitution<br />

• It is morally wrong <strong>of</strong> a woman to decide to have a<br />

child she does not want<br />

• Disputes about parental rights and responsibility


Complex <strong>issues</strong> and interests<br />

• The parents<br />

• The children<br />

• Egg and sperm donors<br />

• Surrogate mothers<br />

• Families <strong>of</strong> surrogate mothers<br />

• The understanding <strong>of</strong> “families”<br />

• Health care workers<br />

• Societies


The right to have children<br />

• Negative rights<br />

– Right against coercive interference in decisions<br />

regarding procreation<br />

– Forced sterilization or abortions<br />

• Positive right<br />

– Entitlement or assistance in procreation<br />

– Artificial Reproductive <strong>technology</strong>, surrogacy


Procreative Autonomy<br />

• The right <strong>of</strong> procreative autonomy has an important<br />

place […] in Western Political thought. The most<br />

important feature <strong>of</strong> that culture is a belief in<br />

individual human dignity: that people have the moral<br />

right – and the moral responsibility – to confront the<br />

most fundamental questions about the meaning and<br />

value <strong>of</strong> their own lives for themselves: answering to<br />

their own conscience and convictions. The principle<br />

<strong>of</strong> procreative autonomy, in a broad sense, is<br />

embedded in any genuinely democratic culture”<br />

» Ronald Dworkin: Life’s Dominion


Or not?<br />

• “Reproduction indeed matters to people; it is indeed<br />

a part <strong>of</strong> life in which they express their deepest<br />

belifes. But it does not follow that it is or should be<br />

seen primarily as a matter <strong>of</strong> self-expression, or that<br />

it should be protected as we protect self-expression.<br />

Reproduction is unlike both contraception and<br />

abortion, it that it aims to bring a third party – a child<br />

– into existance […] <strong>reproductive</strong> decisions are<br />

irresponsible unless those who make them can<br />

reasonabley <strong>of</strong>fer adequate and lasting care and<br />

support to the hoped-for child”<br />

• Onora O’Neill, Autonomy and trust in Bioethics


Intimate family relations<br />

• We need a rich description <strong>of</strong> the moral life <strong>of</strong><br />

parents and children, one that captures the<br />

complexity <strong>of</strong> motives for having and raising<br />

children ant the significance <strong>of</strong> children in the<br />

lives <strong>of</strong> adults – on <strong>of</strong> the two central meaning<br />

<strong>of</strong> the “worth” <strong>of</strong> a child.<br />

• Thomas H. Murray


The right to an open future<br />

• Parents have responsibility to help their<br />

children during their growth to adulthood to<br />

develop capacities for practical judgment and<br />

autonomous choice, and to develop as well at<br />

least a reasonable range <strong>of</strong> the skills and<br />

capacities necessary to provide them the<br />

choice <strong>of</strong> a reasonable array <strong>of</strong> different life<br />

plans available to members <strong>of</strong> their society<br />

– Joel Feinberg


The right <strong>of</strong> children<br />

• Right to be loved and cared for<br />

– Welfare in up-bringing<br />

• Right to know about biological parents<br />

– Adopted children seek their origin<br />

• Autonomy rights require information<br />

– Genetic information<br />

• A right to have two parents, or father and<br />

mother?


Motherhood<br />

• Gestational mother<br />

– Full surrogacy: the birth mother is genetically unrelated to<br />

child. Emotional ties during pregnancy<br />

• Genetic mother<br />

– The biological mother<br />

• The one who will bring up the child<br />

• Who has the weightiest moral claim?


Different understanding <strong>of</strong> family<br />

• Our understanding <strong>of</strong> family is rapidly changing.<br />

• Moving from the biological concept to legal<br />

understanding and then to subjective intention.


Broad understanding<br />

• “Family members are individuals who by birth,<br />

adoption, marriage, or declared commitment<br />

share deep personal connections and are<br />

mutually entitled to receive and obligate to<br />

provide support <strong>of</strong> various kinds to the extent<br />

possible, especially in times <strong>of</strong> need”<br />

• From Carol Levine


The parent-child relationship<br />

• The child as property – egoistic model<br />

– Biology is the base <strong>of</strong> ownership<br />

• The parent as steward – altruistic model<br />

– parents as serving or as caretakers – do not act out<br />

<strong>of</strong> self-interest but the interest <strong>of</strong> the child<br />

• Mutualism in the parent-child relationship<br />

– takes the interest <strong>of</strong> both children and parents into<br />

account. Flourishing <strong>of</strong> parents and children are<br />

intertwined. Relationship is given greater weight


Mutualism<br />

• Mutualism rejects this either-or. There are<br />

circumstances—the parent-child relationship<br />

being the leading example—in which you<br />

cannot honestly describe what motivates the<br />

actore—here, the parents—as strictly egoistic<br />

or altruistic. It is some inextricable blend <strong>of</strong><br />

concern for other and concern for self”<br />

• Thomas H. Murray


What if?<br />

• When these things go wrong they go badly<br />

wrong.<br />

– The surrogate mother wants to keep the child?<br />

– The surrogate mother wants to keep contact with the<br />

child?<br />

– The child does not meet expectations <strong>of</strong> the<br />

parents?<br />

• Obligations and responsibility


Salvör Nordal<br />

Centre for Ethics, University <strong>of</strong> Iceland<br />

salvorn@hi.is

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