Liezl Van Zyl

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

Reproductive techniques and practices, ranging from ordinary birth-control measures and artificial insemination to embryo transfer and surrogate motherhood, have greatly enhanced our range of reproductive choices. As a consequence, they pose a number of difficult moral and legal questions with regard to the formation of a family and our conception of parenthood. A view that is becoming increasingly common is that parental rights and responsibilities should not be based on genetic relationships but should instead be seen as arising from agreements or contracts between individuals. Accordingly, a man who consents to his wife's artificial insemination by donor (AID) and not the sperm donor, is the legal father of the child; in surrogacy agreements, the intending mother, and not the surrogate, has the right to raise the resulting child. While agreeing that biology should not form the basis for assigning legal parenthood, I argue that the theory of intentional parenthood, despite being put forward as a liberal theory, is geared toward or will have the function of protecting the nuclear family and inhibiting the formation of alternative family forms

Critics of virtue ethics have argued that its focus on character rather than action, as well as its rejection of universal rules of right action renders virtue ethics unable to shed much light on the question of what ought and ought not to be done in specific situations. According to them, this explains why so few attempts have been made to apply virtue theory to specific moral questions. In this paper I aim to go some way towards developing a version of virtue theory that satisfies four constraints that applied ethics places upon moral theory, namely that it should: (1) present standards of right action; (2) show a sensitivity to the complexity of moral life in multicultural and pluralistic societies; (3) accept the principle of universalisability as a necessary property of an ethical theory, and (4) provide a non-egoistic justification and explanation of universal rules and principles. S. Afr. J. Philos. Vol.21(2) 2002: 133-143

It has become common to distinguish between altruistic and commercial contract motherhood (or ‘surrogacy’). Altruistic arrangements are based on the ‘gift relationship’: a woman is motivated by altruism to have a baby for an infertile couple, who are free to reciprocate as they see fit. By contrast, in commercial arrangements both parties are motivated by personal gain to enter a legally enforceable agreement, which stipulates that the contract mother or ‘surrogate’ is to bear a child for the intending parents in exchange for a fee. She is required to undergo medical examinations and to refrain from behaviour that could harm the foetus. The intending parents are the child's legal parents from the outset. The parties to the contract can, but are not expected to, maintain contact after the transaction is completed. We argue that contract motherhood should not be organized according to the norms of the gift relationship, and that contract mothers should be compensated for their labour. However, we accept that there are good reasons for rejecting the commercial model as a suitable framework for contract pregnancy, and argue, instead, in favour of viewing it as a profession

In Morals from Motives (2001) Michael Slote puts forward an agent-based virtue ethics that purports to derive an account of deontic terms from aretaic evaluations of motives or character traits. In this view, an action is right if and only if it proceeds from a good or virtuous motive or at least does not come from a bad motive, and wrong if it comes from a bad motive. I argue that Slote does not provide an account of right action at all, that is, if ‘right action’ is understood in the strict deontic sense of an act that is either permissible or obligatory. An examination of Slote’s treatment of the problem of moral luck shows that he presupposes a conceptual link between what is morally wrong and what is blameworthy. I conclude by suggesting that agent-based virtue ethics may do better as an attempt to eliminate deontic notions altogether.

Virtue ethics has emerged as a distinct field within moral theory - whether as an alternative account of right action or as a conception of normativity which departs entirely from the obligatoriness of morality - and has proved itself invaluable to many aspects of contemporary applied ethics. Virtue ethics now flourishes in philosophy, sociology and theology and its applications extend to law, politics and bioethics. 'The handbook of virtue ethics' brings together leading international scholars to provide an overview of the field. Each chapter summarizes and assesses the most important work on a particular topic and sets this work in the context of historical developments. Taking a global approach by embracing a variety of major cultural traditions along with the Western, the handbook maps the emergence of virtue ethics and provides a framework for future developments.

In this paper we examine the questions “What does it mean to be a surrogate mother?” and “What would be an appropriate perspective for a surrogate mother to have on her pregnancy?” In response to the objection that such contracts are alienating or dehumanising since they require women to suppress their evolving perspective on their pregnancies, liberal supporters of surrogate motherhood argue that the freedom to contract includes the freedom to enter a contract to bear a child for an infertile couple. After entering the contract the surrogate may not be free to interpret her pregnancy as that of a non-surrogate mother, but there is more than one appropriate way of interpreting one's pregnancy. To restrict or ban surrogacy contracts would be to prohibit women from making other particular interpretations of their pregnancies they may wish to make, requiring them to live up to a culturally constituted image of ideal motherhood. We examine three interpretations of a “surrogate pregnancy” that are implicit in the views and arguments put forward by ethicists, surrogacy agencies, and surrogate mothers themselves. We hope to show that our concern in this regard goes beyond the view that surrogacy contracts deny or suppress the natural, instinctive or conventional interpretation of pregnancy

A diagnosis of fetal abnormality presents parents with a difficult – even tragic – moral dilemma. Where this diagnosis is made in the context of surrogate motherhood there is an added difficulty, namely that it is not obvious who should be involved in making decisions about abortion, for the person who would normally have the right to decide – the pregnant woman – does not intend to raise the child. This raises the question: To what extent, if at all, should the intended parents be involved in decision-making? In commercial surrogacy it is thought that as part of the contractual agreement the intended parents acquire the right to make this decision. By contrast, in altruistic surrogacy the pregnant woman retains the right to make these decisions, but the intended parents are free to decide not to adopt the child. We argue that both these strategies are morally unsound, and that the problems encountered serve to highlight more fundamental defects within the commercial and altruistic models, as well as in the legal and institutional frameworks that support them. We argue in favour of the professional model, which acknowledges the rights and responsibilities of both parties and provides a legal and institutional framework that supports good decision-making. In particular, the professional model acknowledges the surrogate's right to decide whether to undergo an abortion, and the intended parents' obligation to accept legal custody of the child. While not solving all the problems that arise in surrogacy, the model provides a framework that supports good decision-making