Andrew Botterell

The Hague Conference on Private International Law currently has a Parentage/Surrogacy Project, which evaluates the legal status of children in cross-border situations, including situations involving international contract pregnancy. Should a convention focusing on international contract pregnancy emerge from this project, it will need to be consistent with the Hague convention on Intercountry Adoption. The latter convention prohibits adoptions unless, among other things, ‘the competent authorities of the receiving State have determined that the prospective adoptive parents are eligible and suited to adopt’. Included in it, therefore, is a parental vetting or licensing requirement. In our view, a similar requirement must also appear in any Hague Convention on international contract pregnancy if the two conventions are to be ethically consistent with one another. In particular, there should be a licensing requirement in such a convention for at least some of the prospective parents in contract pregnancy arrangements. We consider several arguments against this conclusion, and argue that none of them is successful.

This article is about the distinction between justification and excuse, a distinction which, while familiar, remains controversial. My discussion focuses on three questions. First, what is the distinction? Second, why is it important? And third, what are some areas of inquiry in which the distinction might be philosophically fruitful? I suggest that the distinction has practical and theoretical consequences, and is therefore worth taking seriously; I highlight two philosophical issues in which the distinction might play a useful role; but I express skepticism about the prospects for drawing a firm distinction between justification and excuse.