双捐赠者代孕和想要成为父母的意图
1Department of Philosophy, University of Nottingham, Nottingham, UK.
Bioethics
|July 19, 2023
概括
双捐赠者代孕 (DDS) 涉及通过捐赠卵和精子受孕,代孕母亲携带孩子. 本文反对在法律上将DDS与私人收养区分开来,挑战对独特的道德和法律待遇的故意主义理由.
科学领域:
- 生殖医学 生殖医学
- 生物伦理学生物伦理学
- 家庭法 家庭法
背景情况:
- 辅助生殖经常涉及第三方捐赠者 (卵子,精子,线粒体) 和代孕产妇.
- 现有的代孕安排通常保持孩子与至少一个预期父母之间的生物联系.
- 这种生物联系在双捐赠者代孕 (DDS) 中不存在,其中卵子和精子都是捐赠的.
研究的目的:
- 批判性地评估在英国合法化双捐赠者代孕 (DDS) 的提案.
- 在道德和法律的基础上,研究区分DDS与私人收养的故意主义理由.
- 在DDS的背景下,探索建立道德家长的替代框架.
主要方法:
- 对现有的关于辅助生殖和代孕的伦理和法律论据进行批判性分析.
- 检查父母的故意主义理论.
- 对双捐赠者代孕和私人收养进行比较的法律和道德评估.
主要成果:
- 意向主义的方法未能提供一个合理的理由,可以将DDS与私人收养分开.
- 基于父母意图的论点不足以确定DDS安排的独特道德或法律地位.
- 关于道德家长的替代理论也不太可能支持DDS和收养之间的明确区别.
结论:
- 目前允许DDS的理由,同时将其与收养区分开来,在伦理和法律上是不合理的.
- 在DDS中没有生物联系,这挑战了传统的父母身份和法律认可概念.
- 需要进一步的伦理和法律审议,为所有形式的辅助生殖和家庭组建建立公平的框架.
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