This article starts by examining the present state of death ethics by attending to the euthanasia debate. Given that voluntary active euthanasia has seen strong support in the academic community, insights on the choiceworthiness of continued existence may be derived. Having derived cases of choiceworthy nonexistence (which I refer to as choiceworthy nonexistence [CNE] cases), I extend these intuitions to lives not worth starting, or choiceworthy nonexistence for potential people (which I refer to as foetal-CNE, or fCNE cases). Although I depart from Benatarian antinatalism by rejecting Benatar's claim that all existence is necessarily a harm, I posit a weaker argument that all existence is likely a harm since we cannot know until later in life if an existence is a harm. If I am right, then we have prudential reasons not to bear children, since they are more likely to suffer in lives not worth living than not.
{"title":"Best to possibly not be: A prudential argument for antinatalism","authors":"Marcus T. L. Teo","doi":"10.1111/bioe.13330","DOIUrl":"10.1111/bioe.13330","url":null,"abstract":"<p>This article starts by examining the present state of death ethics by attending to the euthanasia debate. Given that voluntary active euthanasia has seen strong support in the academic community, insights on the choiceworthiness of continued existence may be derived. Having derived cases of choiceworthy nonexistence (which I refer to as choiceworthy nonexistence [CNE] cases), I extend these intuitions to lives not worth starting, or choiceworthy nonexistence for potential people (which I refer to as foetal-CNE, or fCNE cases). Although I depart from Benatarian antinatalism by rejecting Benatar's claim that all existence is necessarily a harm, I posit a weaker argument that all existence is <i>likely</i> a harm since we cannot know until later in life if an existence is a harm. If I am right, then we have prudential reasons not to bear children, since they are more likely to suffer in lives not worth living than not.</p>","PeriodicalId":55379,"journal":{"name":"Bioethics","volume":"38 8","pages":"722-727"},"PeriodicalIF":1.7,"publicationDate":"2024-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/bioe.13330","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141460890","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article objects to two arguments that William MacAskill gives in What We Owe the Future in support of optimism about the prospects of longtermism, that is, the prospects of positively influencing the longterm future. First, it grants that he is right that, whereas humans sometimes benefit others as an end, they rarely harm them as an end, but argues that this bias towards positive motivation is counteracted by the fact that it is practically easier to harm than to benefit. For this greater easiness makes it likely both that accidental effects will be harmful rather than beneficial and that the means or side-effects of the actions people perform with the aim of benefiting themselves and those close to them will tend to be harmful to others. Secondly, while our article agrees with him that values could lock-in, it contends that the value of longtermism is unlikely to lock in as long as human beings have not been morally enhanced but remain partial in favor of themselves and those near and dear.
本文反对威廉-麦卡斯基尔(William MacAskill)在《我们欠未来什么》(What We Owe the Future)一书中提出的两个论点,以支持对长期主义(即积极影响长期未来的前景)前景的乐观态度。首先,该书承认他的观点是正确的,即虽然人类有时会以造福他人为目的,但却很少会以伤害他人为目的,但该书认为,伤害他人实际上比造福他人更容易这一事实抵消了这种积极动机的偏向。因为这种更容易造成的后果既可能是有害而非有益的意外后果,也可能是人们为了使自己和亲近的人受益而采取的行动的手段或副作用往往会对他人造成伤害。其次,虽然我们的文章同意他的观点,即价值观可能锁定,但文章认为,只要人类没有在道德上得到提升,而是仍然偏袒自己和亲近的人,长期主义的价值观就不可能锁定。
{"title":"On the prospects of longtermism","authors":"Ingmar Persson, Julian Savulescu","doi":"10.1111/bioe.13323","DOIUrl":"10.1111/bioe.13323","url":null,"abstract":"<p>This article objects to two arguments that William MacAskill gives in <i>What We Owe the Future</i> in support of optimism about the prospects of longtermism, that is, the prospects of positively influencing the longterm future. First, it grants that he is right that, whereas humans sometimes benefit others as an end, they rarely harm them as an end, but argues that this bias towards positive motivation is counteracted by the fact that it is practically easier to harm than to benefit. For this greater easiness makes it likely both that accidental effects will be harmful rather than beneficial and that the means or side-effects of the actions people perform with the aim of benefiting themselves and those close to them will tend to be harmful to others. Secondly, while our article agrees with him that values could lock-in, it contends that the value of longtermism is unlikely to lock in as long as human beings have not been morally enhanced but remain partial in favor of themselves and those near and dear.</p>","PeriodicalId":55379,"journal":{"name":"Bioethics","volume":"38 8","pages":"709-712"},"PeriodicalIF":1.7,"publicationDate":"2024-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/bioe.13323","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141421996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Controlled human infection studies (CHIs) involve the intentional infection of human subjects for a scientific aim. Though some past challenge trials have involved serious ethical abuses, in the last few decades, CHIs have had a strong track record of safety. Despite increased attention to the ethics of CHIs during the COVID-19 pandemic, CHIs remain controversial, and there has been no in-depth treatment of CHIs through the lens of virtue ethics. In this article, we argue that virtue theory can be helpful for addressing CHIs that present a constellation of controversial, unresolved, and/or under-regulated ethical issues. We begin with some brief background on virtue ethics. We then substantiate our claim that some CHIs raise a constellation of ethical issues that are unresolved in the ethics literature and/or lack adequate regulatory guidance by demonstrating that CHIs can present indeterminate social value, risks to third parties, limitations on the right to withdraw from research, and questions about the upper limit of allowable risk. We argue that the presence of a virtuous investigator, with virtues such as prudence, compassion, and integrity, is especially important when these unresolved research ethics issues arise, which is the case for certain types of controlled human infection studies. We use the historical example of Walter Reed and the Yellow Fever Commission to illustrate this claim, and we also highlight some contemporary examples. We end by sketching some practical implications of our view, such as ensuring that investigators with experience running CHIs are involved in novel CHI models.
{"title":"Virtue ethics and the unsettled ethical questions in controlled human infection studies","authors":"Jeffrey T. Poomkudy, Seema K. Shah","doi":"10.1111/bioe.13326","DOIUrl":"10.1111/bioe.13326","url":null,"abstract":"<p>Controlled human infection studies (CHIs) involve the intentional infection of human subjects for a scientific aim. Though some past challenge trials have involved serious ethical abuses, in the last few decades, CHIs have had a strong track record of safety. Despite increased attention to the ethics of CHIs during the COVID-19 pandemic, CHIs remain controversial, and there has been no in-depth treatment of CHIs through the lens of virtue ethics. In this article, we argue that virtue theory can be helpful for addressing CHIs that present a constellation of controversial, unresolved, and/or under-regulated ethical issues. We begin with some brief background on virtue ethics. We then substantiate our claim that some CHIs raise a constellation of ethical issues that are unresolved in the ethics literature and/or lack adequate regulatory guidance by demonstrating that CHIs can present indeterminate social value, risks to third parties, limitations on the right to withdraw from research, and questions about the upper limit of allowable risk. We argue that the presence of a virtuous investigator, with virtues such as prudence, compassion, and integrity, is especially important when these unresolved research ethics issues arise, which is the case for certain types of controlled human infection studies. We use the historical example of Walter Reed and the Yellow Fever Commission to illustrate this claim, and we also highlight some contemporary examples. We end by sketching some practical implications of our view, such as ensuring that investigators with experience running CHIs are involved in novel CHI models.</p>","PeriodicalId":55379,"journal":{"name":"Bioethics","volume":"38 8","pages":"692-701"},"PeriodicalIF":1.7,"publicationDate":"2024-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/bioe.13326","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141332592","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A growing trend in bioethics highlights the importance of using big data science methods to advance normative insight. This has been called the “digital turn” in bioethics by Salloch and Ursin. Automated data processing can, for example, detect significant patterns of correlation that have escaped the attention of human scholars. Although we agree that such technological innovations could bolster existing methods in empirical bioethics (EB), we argue that it should not be conceptualized as a new turn but rather as a revivification, and possibly an amplification of entrenched debates in EB. We begin by highlighting some convergences between EB and digital bioethics that Salloch and Ursin seem to categorize as fundamental differences and end up with elaborating on some risks related to the integration of empirical findings with normative (philosophical) analysis in the digitalization trend.
{"title":"Another “turn” in bioethics? A plea for methodological continuity","authors":"Michiel De Proost, Veerle Provoost","doi":"10.1111/bioe.13324","DOIUrl":"10.1111/bioe.13324","url":null,"abstract":"<p>A growing trend in bioethics highlights the importance of using big data science methods to advance normative insight. This has been called the “digital turn” in bioethics by Salloch and Ursin. Automated data processing can, for example, detect significant patterns of correlation that have escaped the attention of human scholars. Although we agree that such technological innovations could bolster existing methods in empirical bioethics (EB), we argue that it should not be conceptualized as a new turn but rather as a revivification, and possibly an amplification of entrenched debates in EB. We begin by highlighting some convergences between EB and digital bioethics that Salloch and Ursin seem to categorize as fundamental differences and end up with elaborating on some risks related to the integration of empirical findings with normative (philosophical) analysis in the digitalization trend.</p>","PeriodicalId":55379,"journal":{"name":"Bioethics","volume":"38 8","pages":"728-732"},"PeriodicalIF":1.7,"publicationDate":"2024-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141321969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Almost a year after the enactment of the law regulating euthanasia in Spain, public opinion was shocked to learn that a defendant in criminal proceedings obtained medical assistance in dying following injuries sustained in an exchange of gunfire with the police after having committed a series of severe crimes. Although there are very few cases in the world where prisoners have received euthanasia, the one we will discuss in this article is the only known case where both the public prosecutor's office and the private prosecutors judicially opposed the defendant's euthanasia. This article aims to offer a new perspective on the ethical legitimacy of detainees' access to euthanasia: the ethics of caring solidarity. To do this, we will first place the case in its legal context. Subsequently, we will address the two main arguments proposed in the literature to justify euthanasia in detention: respect for the autonomy of the detainee and the principle of equivalence of care. Finally, after having identified serious shortcomings in both arguments, we will argue that the perspective of caring solidarity offers a better ethical basis for people in detention's access to euthanasia.
{"title":"Euthanasia in detention and the ethics of caring solidarity: A case study of the ‘Tarragona Gunman’","authors":"Luis Espericueta","doi":"10.1111/bioe.13325","DOIUrl":"10.1111/bioe.13325","url":null,"abstract":"<p>Almost a year after the enactment of the law regulating euthanasia in Spain, public opinion was shocked to learn that a defendant in criminal proceedings obtained medical assistance in dying following injuries sustained in an exchange of gunfire with the police after having committed a series of severe crimes. Although there are very few cases in the world where prisoners have received euthanasia, the one we will discuss in this article is the only known case where both the public prosecutor's office and the private prosecutors judicially opposed the defendant's euthanasia. This article aims to offer a new perspective on the ethical legitimacy of detainees' access to euthanasia: the ethics of caring solidarity. To do this, we will first place the case in its legal context. Subsequently, we will address the two main arguments proposed in the literature to justify euthanasia in detention: respect for the autonomy of the detainee and the principle of equivalence of care. Finally, after having identified serious shortcomings in both arguments, we will argue that the perspective of caring solidarity offers a better ethical basis for people in detention's access to euthanasia.</p>","PeriodicalId":55379,"journal":{"name":"Bioethics","volume":"38 8","pages":"713-721"},"PeriodicalIF":1.7,"publicationDate":"2024-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/bioe.13325","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141321970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Rapid advances in digital hearing technologies, also known as hearables, are expected to disrupt the direct-to-consumer health market. For older adults with higher incidence of hearing loss, such disruption could reduce hearing problems, increase accessibility to hearing aids, and mitigate related stigmas. This paper delves into the intersection of disruptive innovation and hearables within the realm of biomedical ethics. Through a comprehensive exploration, we shed light on the ethical implications surrounding hearables. By critically evaluating the key ethical advantages and drawbacks, we find that no single concern presents an insurmountable a priori objection to hearables. We conclude with some ideas to maximize the benefits of hearables and further promote opportunities for equitable hearing health.
{"title":"Age-related hearing loss and “hearables”: An agenda for moral considerations","authors":"Michiel De Proost, Seppe Segers, Heidi Mertes","doi":"10.1111/bioe.13327","DOIUrl":"10.1111/bioe.13327","url":null,"abstract":"<p>Rapid advances in digital hearing technologies, also known as hearables, are expected to disrupt the direct-to-consumer health market. For older adults with higher incidence of hearing loss, such disruption could reduce hearing problems, increase accessibility to hearing aids, and mitigate related stigmas. This paper delves into the intersection of disruptive innovation and hearables within the realm of biomedical ethics. Through a comprehensive exploration, we shed light on the ethical implications surrounding hearables. By critically evaluating the key ethical advantages and drawbacks, we find that no single concern presents an insurmountable a priori objection to hearables. We conclude with some ideas to maximize the benefits of hearables and further promote opportunities for equitable hearing health.</p>","PeriodicalId":55379,"journal":{"name":"Bioethics","volume":"38 9","pages":"778-786"},"PeriodicalIF":1.7,"publicationDate":"2024-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141321968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Chris Gastmans, Edoardo Sinibaldi, Richard Lerner, Miguel Yáñez, László Kovács, Laura Palazzani, Renzo Pegoraro, Tijs Vandemeulebroucke
Our society, in general, and health care, in particular, faces notable challenges due to the emergence of innovative digital technologies. The use of socially assistive robots in aged care is a particular digital application that provokes ethical reflection. The answers we give to the ethical questions associated with socially assistive robots are framed by ontological and anthropological considerations of what constitutes human beings and how the meaning of being human relates to how these robots are conceived. Religious beliefs and secular worldviews, each of which may participate fully in pluralist societies, have an important responsibility in this foundational debate, as anthropological theories can be inspired by religious and secular viewpoints. This article identifies seven anthropological considerations grounded in the synthesis of biblical scriptures, Roman Catholic documents, and recent research literature. We highlight the inspirational quality of these anthropological considerations when dealing with ethical issues regarding the development and use of socially assistive robots in aged care. With this contribution, we aim to foster a global and inclusive dialogue on digitalization in aged care that deeply challenges our basic understanding of what constitutes a human being and how this notion relates to machine artefacts.
{"title":"Christian anthropology-based contributions to the ethics of socially assistive robots in care for older adults","authors":"Chris Gastmans, Edoardo Sinibaldi, Richard Lerner, Miguel Yáñez, László Kovács, Laura Palazzani, Renzo Pegoraro, Tijs Vandemeulebroucke","doi":"10.1111/bioe.13322","DOIUrl":"10.1111/bioe.13322","url":null,"abstract":"<p>Our society, in general, and health care, in particular, faces notable challenges due to the emergence of innovative digital technologies. The use of socially assistive robots in aged care is a particular digital application that provokes ethical reflection. The answers we give to the ethical questions associated with socially assistive robots are framed by ontological and anthropological considerations of what constitutes human beings and how the meaning of being human relates to how these robots are conceived. Religious beliefs and secular worldviews, each of which may participate fully in pluralist societies, have an important responsibility in this foundational debate, as anthropological theories can be inspired by religious and secular viewpoints. This article identifies seven anthropological considerations grounded in the synthesis of biblical scriptures, Roman Catholic documents, and recent research literature. We highlight the inspirational quality of these anthropological considerations when dealing with ethical issues regarding the development and use of socially assistive robots in aged care. With this contribution, we aim to foster a global and inclusive dialogue on digitalization in aged care that deeply challenges our basic understanding of what constitutes a human being and how this notion relates to machine artefacts.</p>","PeriodicalId":55379,"journal":{"name":"Bioethics","volume":"38 9","pages":"787-795"},"PeriodicalIF":1.7,"publicationDate":"2024-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141302144","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Good principles, badly applied: Logical and ethical inconsistencies in selecting Qatar as a venue for the WCB","authors":"David Shaw, Gabriela Arguedas-Ramírez","doi":"10.1111/bioe.13321","DOIUrl":"10.1111/bioe.13321","url":null,"abstract":"","PeriodicalId":55379,"journal":{"name":"Bioethics","volume":"38 7","pages":"659-661"},"PeriodicalIF":1.7,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141263585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
<p>Over the last years, mHealth technologies in combination with internet-driven data exchange are being widely implemented in many countries.1 These involve a diverse range of apps, wearables, implants and other digital devices that purport to improve health. With the increasing use of smartphones worldwide, a growing percentage of the global population has access to powerful handheld tools that are in almost continuous use and interaction with other devices and users, enabling, among other things, the real time sharing of health data and resulting in a near ubiquitous network of health data technologies. mHealth thus has the potential to widely impact on individual health, on health care provision, health care systems and public health throughout the world, and independently from the physical territory where the user is placed.</p><p>This development is endorsed by political and industrial stakeholders, also on a global scale. The World Health Organization (WHO), for example, published a report in 2018 on mHealth claiming that “The spread of digital technologies and global interconnectedness has a significant potential to accelerate Member States' progress towards achieving universal health coverage, including ensuring access to quality health services.”2</p><p>This special issue is part of our broader research within the project “META - mHealth: Ethical, Legal, Social aspects in the technological age3”. In this editorial we want to emphasize that the global and globalized scope of mHealth is essential to this technology, but is too often neglected in the ethical and social discussions. Increasingly, providers, developers and marketing companies are organized as international companies, with some of them carrying massive market interest and power, and apps can be downloaded across the globe. The generated data are globally collected and processed. Users are connected via global digital networks too. mHealth also facilitates new forms of patient activism, dissolving geographical boundaries through their global connectivity, but potentially creating new barriers and inequalities.4 Various mHealth technologies are utilized to tackle urgent issues in global health,5 while the mass generation of (health) data as a global phenomenon and the many related opportunities and challenges are debated among scholars and policy makers.6</p><p>The rapid developments in the mHealth field are particularly significant for influencing user self-diagnosis, self-monitoring, health prevention, and remote management of chronic and acute conditions. Such far-reaching developments that impact health in all its bio-psycho-social dimensions have ethical implications on an individual, societal and global scale. However, most ethical discussions are Western-centric, despite the significance of the ethical implications that arise from a global, globalized and international perspective,7 for example: Whose understanding of health and particular cultural norms does mHealth tec
{"title":"The ethics of mHealth as a global phenomenon","authors":"Verina Wild, Tereza Hendl, Bianca Jansky","doi":"10.1111/bioe.13311","DOIUrl":"10.1111/bioe.13311","url":null,"abstract":"<p>Over the last years, mHealth technologies in combination with internet-driven data exchange are being widely implemented in many countries.1 These involve a diverse range of apps, wearables, implants and other digital devices that purport to improve health. With the increasing use of smartphones worldwide, a growing percentage of the global population has access to powerful handheld tools that are in almost continuous use and interaction with other devices and users, enabling, among other things, the real time sharing of health data and resulting in a near ubiquitous network of health data technologies. mHealth thus has the potential to widely impact on individual health, on health care provision, health care systems and public health throughout the world, and independently from the physical territory where the user is placed.</p><p>This development is endorsed by political and industrial stakeholders, also on a global scale. The World Health Organization (WHO), for example, published a report in 2018 on mHealth claiming that “The spread of digital technologies and global interconnectedness has a significant potential to accelerate Member States' progress towards achieving universal health coverage, including ensuring access to quality health services.”2</p><p>This special issue is part of our broader research within the project “META - mHealth: Ethical, Legal, Social aspects in the technological age3”. In this editorial we want to emphasize that the global and globalized scope of mHealth is essential to this technology, but is too often neglected in the ethical and social discussions. Increasingly, providers, developers and marketing companies are organized as international companies, with some of them carrying massive market interest and power, and apps can be downloaded across the globe. The generated data are globally collected and processed. Users are connected via global digital networks too. mHealth also facilitates new forms of patient activism, dissolving geographical boundaries through their global connectivity, but potentially creating new barriers and inequalities.4 Various mHealth technologies are utilized to tackle urgent issues in global health,5 while the mass generation of (health) data as a global phenomenon and the many related opportunities and challenges are debated among scholars and policy makers.6</p><p>The rapid developments in the mHealth field are particularly significant for influencing user self-diagnosis, self-monitoring, health prevention, and remote management of chronic and acute conditions. Such far-reaching developments that impact health in all its bio-psycho-social dimensions have ethical implications on an individual, societal and global scale. However, most ethical discussions are Western-centric, despite the significance of the ethical implications that arise from a global, globalized and international perspective,7 for example: Whose understanding of health and particular cultural norms does mHealth tec","PeriodicalId":55379,"journal":{"name":"Bioethics","volume":"38 6","pages":"479-480"},"PeriodicalIF":2.2,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/bioe.13311","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141263586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Gestational surrogacy is ethically complex, generating very different responses in law and policy worldwide. This paper argues that contemporary surrogacy law and policy, across many jurisdictions, fail to give sufficient attention to the significance of the relationship between the child and the gestational surrogate. This failure risks repeating the mistakes of historical, discredited approaches to adoption and donor-assisted conception. This paper argues that proper recognition of the significance of gestation must be an organising principle in surrogacy law and policy. The paper begins by pointing to examples of surrogacy law and practice where the role of the gestator is unacceptably minimised, most notably the framing of the surrogate as a mere ‘carrier’. It goes on to examine the nature of gestation, including consideration of contemporary scholarship on the metaphysics of pregnancy and emerging work in epigenetics, and argues that current evidence supports the view that the gestational relationship must be taken more seriously than it currently is. The paper then draws analogies with parenthood in donor-assisted conception and adoption to argue that approaches to parental status in novel family formations that fail to promote transparency and seek to deny the truth of familial relationships are doomed to fail. The paper concludes by suggesting some implications for law and policy that flow from placing sufficient emphasis on the gestational role. The overarching thesis of this paper is that gestational surrogacy is ethically permissible when these fundamental requirements are adhered to, and that surrogacy law should proceed on this basis.
{"title":"Surrogacy and the significance of gestation: Implications for law and policy","authors":"Andrea Mulligan","doi":"10.1111/bioe.13302","DOIUrl":"10.1111/bioe.13302","url":null,"abstract":"<p>Gestational surrogacy is ethically complex, generating very different responses in law and policy worldwide. This paper argues that contemporary surrogacy law and policy, across many jurisdictions, fail to give sufficient attention to the significance of the relationship between the child and the gestational surrogate. This failure risks repeating the mistakes of historical, discredited approaches to adoption and donor-assisted conception. This paper argues that proper recognition of the significance of gestation must be an organising principle in surrogacy law and policy. The paper begins by pointing to examples of surrogacy law and practice where the role of the gestator is unacceptably minimised, most notably the framing of the surrogate as a mere ‘carrier’. It goes on to examine the nature of gestation, including consideration of contemporary scholarship on the metaphysics of pregnancy and emerging work in epigenetics, and argues that current evidence supports the view that the gestational relationship must be taken more seriously than it currently is. The paper then draws analogies with parenthood in donor-assisted conception and adoption to argue that approaches to parental status in novel family formations that fail to promote transparency and seek to deny the truth of familial relationships are doomed to fail. The paper concludes by suggesting some implications for law and policy that flow from placing sufficient emphasis on the gestational role. The overarching thesis of this paper is that gestational surrogacy is ethically permissible when these fundamental requirements are adhered to, and that surrogacy law should proceed on this basis.</p>","PeriodicalId":55379,"journal":{"name":"Bioethics","volume":"38 8","pages":"674-683"},"PeriodicalIF":1.7,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/bioe.13302","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141185574","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}