Jump to ContentJump to Main Navigation
Philosophical Foundations of Children's and Family Law$
Users without a subscription are not able to see the full content.

Elizabeth Brake and Lucinda Ferguson

Print publication date: 2018

Print ISBN-13: 9780198786429

Published to Oxford Scholarship Online: April 2018

DOI: 10.1093/oso/9780198786429.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 January 2022



Reconceptualizing Family Relationships in an Age of Reproductive Technologies

(p.293) 14 Surrogacy
Philosophical Foundations of Children's and Family Law

Mary Lyndon Shanley

Oxford University Press

The development of assisted-reproductive technologies sharpened perceptions of the differences among three major criteria for parental status—biological (genetics and gestation), volition/intention, and caregiving/functional. This chapter surveys the development of these justifications. It argues that of these, caregiving—and the underlying philosophic framework of the ethics of care—is the most satisfactory grounding of parental status for three reasons: first, it places relationship at the centre of its theoretical and practical concerns; second, caregiving focuses attention on the child; and third, thinking about relationships of care ensures that we consider the impact of social factors, such as race and class, on reproduction and family formation. But despite its strengths, this chapter concludes that caregiving is not fully satisfactory for grounding recognition of a parent–child relationship. It advocates a pluralistic account that regards the relationships established by all three criteria, as significant to both social and legal groundings of parental status.

Keywords:   assisted reproductive technology, surrogacy, egg donation, sperm donation, contract pregnancy, parental rights, parental status, care, care ethics, children

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .