The Legal Treatment of the Parental Rights and Obligations of Sperm Donors

2008 ◽  
Vol 1 (1) ◽  
pp. 16-22 ◽  
Author(s):  
A. Jamie Cuticchia
Keyword(s):  
Author(s):  
Joseph Millum

Most people believe that parents have moral rights and responsibilities regarding their children. These rights and responsibilities undergird the nuclear family and are essential to the flourishing of its members. However, their basis and contents are hotly contested. Do a child’s genetic parents have a right to parent her? Many people’s gut responses affirm the importance of genetic ties, but the moral justification for tying parental rights to genetics is unclear. Parents are permitted to make far-reaching decisions about their children’s medical care, education, religious practice, and discipline. When can parental rights be limited by the interests of the child or of society? Matters are no more settled regarding parental responsibilities. A man who conceives a child through voluntary sexual intercourse is commonly thought to acquire parental responsibilities, even if he took every precaution against conception. Yet sperm donors are widely thought to have no responsibilities toward their progeny. What underlies these disparate judgments? Parents are expected to do a lot for their children. But there are surely limits. Sometimes parents must balance the needs of multiple family members or just want time for themselves. What is the extent of parental responsibilities? This book provides a philosophical account of the foundations of moral parenthood. It explains how parental rights and responsibilities are acquired, what those rights and responsibilities consist in, and how parents should make decisions for their children. In doing so, it provides a set of frameworks to help solve pressing ethical dilemmas relating to parents and children.


Author(s):  
Joseph Millum

This chapter develops an account of the content of parental rights—that is, what they are rights to do and against whom they are held. It distinguishes between fundamental parental rights, which are grounded in the interests of the parents, and derivative parental rights, which are grounded in other considerations. It argues that parents have fundamental rights to realize the goods that they have made possible through their work in raising their child. The content of derivative parental rights will depend to a significant extent on how a society or community organizes child-rearing. To illustrate this view the chapter considers putative parental rights to physically punish one’s child and to exercise religious freedom with respect to one’s child. Finally, there is a discussion of the relationship between parental rights and various justice-related considerations. The chapter closes by summarizing a framework for evaluating whether a putative parental right is justified.


2020 ◽  
Vol 7 (2) ◽  
pp. 239-254
Author(s):  
Teresa Baron

AbstractIn 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 (a) all acquired in the same manner and (b) 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.


2020 ◽  
pp. 089590482098303
Author(s):  
Cris Mayo

In recent years, conservative advocates have obscured their transphobia by framing their concerns as religiously-based parental rights claims. They have advocated for limitations on youth rights to gender identity self-determination. This article examines policy debates over transgender-inclusive practices in schools, including conservative demands for parental notification and limitations on healthcare access for transgender youth. I suggest that schools ought to be more concerned with children’s or students’ rights to help enable diverse students to flourish and become who they are in supportive schools. This shift would move schools away from the distractions of conservative parental rights claims and re-focus them instead on the needs of students.


2021 ◽  
pp. 036168432110030
Author(s):  
Anna McInerney ◽  
Mary Creaner ◽  
Elizabeth Nixon

In this qualitative study, we explored the experiences of non-birth mothers whose child(ren) were planned and conceived within their same-sex relationship. We conducted semi-structured, face-to-face interviews with 14 participants in Ireland. We transcribed the interviews verbatim and analyzed the data using interpretative phenomenological analysis. Our findings comprised three superordinate themes: A Question of Recognition, An Insecure Connection, and Carving Your Own Way and related subordinate themes. Motherhood experiences were characterized by resilience and vulnerability in parenting their children without legal parental rights and within a heteronormative society that privileged biological motherhood. The dynamic relationship between seeking connection and seeking legitimacy that is at the heart of the participants’ experiences of motherhood is highlighted. Participants encountered challenges to their maternal legitimacy within their families and communities and in their interactions with legal and social institutions. Participants described using various strategies to reinforce their parental identity. Despite the challenges, participants were engaged in constructing satisfying parenting roles. The findings highlight the importance of legitimizing the parental identity of non-birth mothers. Therapists should be sensitive to the additional marginalization of non-birth mothers in same-sex parent families. Validating their vulnerability and their resilience in the face of obstacles may enhance their coping resources.


Author(s):  
Guido Pennings ◽  
Edgar Mocanu ◽  
Janne Rothmar Herrmann ◽  
Anne-Bine Skytte ◽  
Corey Burke ◽  
...  

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