THE RIGHT TO A THE RIGHT TO A CHILDCHILD

INTRODUCTIONINTRODUCTION

The first The first test-tubetest-tube baby, baby, Louise BrownLouise Brown, was , was born on 25 July 1978 at Oldham and District born on 25 July 1978 at Oldham and District General Hospital.General Hospital.

The consultant The consultant PATRICK STEPTOEPATRICK STEPTOE was part was part of the team that developed of the team that developed in vitro in vitro fertilisation (IVF)fertilisation (IVF)..

Today IVF is used throughout the world to help Today IVF is used throughout the world to help women who are unable to conceive naturally.women who are unable to conceive naturally.

These ‘These ‘test-tube babiestest-tube babies’ raise a number of ’ raise a number of ethical problems.ethical problems.

The most important of these is whether The most important of these is whether people have a people have a rightright to a child. to a child.

The right to a childThe right to a child

CRISTOBAL ORREGOCRISTOBAL ORREGO says that a right says that a right is something that is due to a person is something that is due to a person because that individual qualifies for it – because that individual qualifies for it – so who qualifies for the right to a child?so who qualifies for the right to a child?

There are 2 answers to this question:There are 2 answers to this question:

1.1. A woman is a free agent. A woman is a free agent.

Freedom includes:Freedom includes:

a.a. a woman’s right to use her body however a woman’s right to use her body however she thinks fit and she thinks fit and

b.b. the freedom of choice.the freedom of choice.

It can be argued the women should have It can be argued the women should have the right of freedom of choice if IVF is the right of freedom of choice if IVF is available. available.

2. Natural Rights - Many women have a 2. Natural Rights - Many women have a natural urge to be a mother. natural urge to be a mother.

Therefore, to deny a woman motherhood Therefore, to deny a woman motherhood is against her natural rights.is against her natural rights.

However, the However, the naturalistic fallacynaturalistic fallacy can be can be used to counter this argument. A woman used to counter this argument. A woman may, by nature, be motherly, but this does may, by nature, be motherly, but this does not mean that she has the right to be a not mean that she has the right to be a mother.mother.

Some scholars say that IVF treatment is Some scholars say that IVF treatment is not a right but a not a right but a libertyliberty. A liberty is a . A liberty is a privilege given to the individual by society. privilege given to the individual by society. It can be withdrawn if society thinks it is It can be withdrawn if society thinks it is being abused or is not in the interests of being abused or is not in the interests of the majority.the majority.

A woman’s urge for a baby is a desire, not A woman’s urge for a baby is a desire, not a right. a right.

Recently there has been a growth in the Recently there has been a growth in the number of older women in their 50s and number of older women in their 50s and 60s having IVF treatment.60s having IVF treatment.

In 2006, a Spanish woman, In 2006, a Spanish woman, MARIA DEL MARIA DEL CARMEN BOUSADACARMEN BOUSADA, aged 67, gave birth , aged 67, gave birth to twins. Did she have a right to a child? to twins. Did she have a right to a child?

This case highlighted the problem of This case highlighted the problem of conflicting rights.conflicting rights.

Maria died in 2009 at the age of 69. She Maria died in 2009 at the age of 69. She left behind her two year old children. left behind her two year old children.

Don’t the two young children left without a Don’t the two young children left without a mother have rights too?mother have rights too?

If it is considered morally wrong for a If it is considered morally wrong for a woman in the 60s or 70s to give birth to a woman in the 60s or 70s to give birth to a child, because of the subsequent effect child, because of the subsequent effect on the child, then there is on the child, then there is no universal no universal moral rightmoral right to have children. to have children.

Such a right cannot be universalised.Such a right cannot be universalised.

Do single people have the right to have a Do single people have the right to have a child?child?

Do same-sex couples have the right to Do same-sex couples have the right to have a child?have a child?

IVF – other moral issuesIVF – other moral issues

1.1. What is the moral status of the What is the moral status of the fertilised embryos that are not fertilised embryos that are not implanted into the woman? implanted into the woman?

This is the This is the spare embryospare embryo problem.problem.

When eggs have been fertilised only 2 or 3 When eggs have been fertilised only 2 or 3 are implanted back into the woman. The are implanted back into the woman. The embryos are graded and the best ones embryos are graded and the best ones chosen for implantation.chosen for implantation.

What happens to the unused embryos?What happens to the unused embryos?

In the UK In the UK

a. The embryos may be frozen and made a. The embryos may be frozen and made available for later implantation. available for later implantation.

b. They may be used in medical research or b. They may be used in medical research or donated to other women. donated to other women.

c. Alternatively they may be destroyed.c. Alternatively they may be destroyed.

(If used in medical research all embryos (If used in medical research all embryos must be destroyed within 14 days of must be destroyed within 14 days of fertilisation).fertilisation).

When does personhood begin?When does personhood begin?

Should embryos be graded, like eggs in a Should embryos be graded, like eggs in a supermarket?supermarket?

It is argued that human embryos should It is argued that human embryos should not be regarded as objects or things.not be regarded as objects or things.

2. 2. What is the moral status of the What is the moral status of the biological father when he is not the biological father when he is not the spouse/partner of the mother?spouse/partner of the mother?

This is the This is the donor fatherdonor father problem. problem.

In the UK clinics can only pay expenses In the UK clinics can only pay expenses such as travel and loss of earnings to the such as travel and loss of earnings to the donor. This is not the case in other donor. This is not the case in other countries. Commercialisation raises countries. Commercialisation raises important issues about the relationship of important issues about the relationship of the donor to the child. the donor to the child.

A further problem is A further problem is the right to knowthe right to know. . Children born using donor sperm may Children born using donor sperm may wish to know their biological father later in wish to know their biological father later in life.life.

Before April 2005 donors could remain Before April 2005 donors could remain anonymous.anonymous.

Children conceived after this date have the Children conceived after this date have the right to access details about the donor right to access details about the donor when they are 18.when they are 18.

However, donors can still refuse contact However, donors can still refuse contact with their donor-conceived child. This can with their donor-conceived child. This can be psychologically damaging to the child.be psychologically damaging to the child.

Legally, donor fathers are not required to Legally, donor fathers are not required to take on any responsibilities for their donor-take on any responsibilities for their donor-conceived children, but what moral conceived children, but what moral responsibilities does a donor father have?responsibilities does a donor father have?

What about a woman who has donated What about a woman who has donated eggs?eggs?

3. 3. What moral issues are raised by What moral issues are raised by multiple birthsmultiple births??

In the UK, women under 40 can have two In the UK, women under 40 can have two embryos implanted, and women over 40 embryos implanted, and women over 40 three. three.

But in some countries larger numbers are But in some countries larger numbers are implanted to increase the chances of implanted to increase the chances of success. This can result in multiple births, success. This can result in multiple births, with as many as 8 babies being born.with as many as 8 babies being born.

Nadya Suleman – octuplets!Nadya Suleman – octuplets!

This can pose dangerous health risks to This can pose dangerous health risks to the woman and the children. The mother the woman and the children. The mother may also have difficulty taking care of a may also have difficulty taking care of a large number of children.large number of children.

4. 4. Who should be permitted to have IVF?Who should be permitted to have IVF? This issues relates to the This issues relates to the age and age and

sexualitysexuality of the parent-to-be.of the parent-to-be. In the UK treatment is restricted to those In the UK treatment is restricted to those

under 50, but in other countries women in under 50, but in other countries women in their late 50s, 60s and even 70s have had their late 50s, 60s and even 70s have had children after fertility treatment.children after fertility treatment.

Some think this goes against the natural Some think this goes against the natural order of things.order of things.

It also means that parents will be very It also means that parents will be very elderly or even dead when their children elderly or even dead when their children are teenagers.are teenagers.

There is also the question of providing There is also the question of providing fertility treatment to single women and to fertility treatment to single women and to lesbian couples. lesbian couples.

In October 2009 the Human Fertilisation In October 2009 the Human Fertilisation and Embryology Act was amended so that and Embryology Act was amended so that clinics no longer have to consider the clinics no longer have to consider the ‘need for a father’ when assessing ‘need for a father’ when assessing suitability for fertility treatment.suitability for fertility treatment.

Instead people will be assessed on their Instead people will be assessed on their ability to offer ability to offer supportive parentingsupportive parenting..

The result is that lesbian couples can no The result is that lesbian couples can no longer be refused fertility treatment on the longer be refused fertility treatment on the grounds of sexual orientation. In the eyes grounds of sexual orientation. In the eyes of the law, all women have an equal right of the law, all women have an equal right to fertility treatment; the moral question is to fertility treatment; the moral question is whether all women and all men have a whether all women and all men have a right to a child.right to a child.