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Why Nonidentity Is Not a Problem: Parfitian Defence of Clinicians Refusing to Provide Assisted Reproductive
1Children's Bioethics Centre, Melbourne, Victoria, Australia.
Abstract:
An accepted argument in reproductive rights literature holds that the welfare of future children is irrelevant in the provision of assisted reproductive technology (ART). A foundational philosophical concept underpinning such dismissal appeals to the "non-identity" problem. This argument holds that a future ART child's overriding interest lies in being born. I challenge this argument, suggesting it is a shallow and selective interpretation of the concept that narrowly applies the "person-affecting" harm principle to future ART children. I suggest a more extensive reading of the "non-identity" problem defends the opposite argument-that dismissing child welfare concerns in ART provision is wrong. In line with the work of one of the key architects of the "non-identity" problem, I formulate four Parfit-style arguments that justify clinician refusal of treatment. The key substantive claim of this paper is that delay or denial of ART is morally defensible within the "non-identity" problem paradigm in some instances.
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