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3. Parenthood: Natural Fact and Human Society
- State University of New York Press
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3 Parenthood: Natural Fact and Human Society I. Is Parenthood Natural? Our discussion of naturalism thus far has focused on explicitly normative questions. The naturalistic arguments we examined sought to justify a norm by reference to some set of facts. The standard critique of such arguments accepts the posited facts while contesting the proposed inference. For example, suppose the facts are that we can predict the natural pace of death for a suffering patient. From this factual projection, it does not follow, the critique asserts, that the right thing to do is to stand by and let death transpire at some "natural" pace. The critique of naturalism ought to extend, however, to a more pervasive and subtle naturalistic fallacy, one that involves the facts themselves. For the natural seduces not only through the outright derivation of norms from facts, but also through supposedly "given facts" which set the stage for normative judgments. Many basic values-and markedly those with religious sanction-are enshrined in the social constructs of reality, inducing us to think of some things as "natural" and of their ethical implications as self-evident. Nowhere perhaps is this clearer than in discussions of parenthood, the classical instance of a natural fact with weighty normative significance. Yet the very naturalness of parenthood, along with the self-evidentiary character of its normative implications, is called into question by modern techniques of reproduction. It is to these that we turn in this chapter. 70 Alternatives in Jewish Bioethics The problems are best introduced by considering discussions about so-called "surrogate motherhood," that is, arrangements by which one woman (the "surrogate mother") undertakes to bear a child for another (the "sponsoring mother") and possibly for the other woman's spouse as well. Sometimes the sponsoring mother supplies the ovum, and after in-vitro fertilization the tiny embryo is implanted in the surrogate for gestation. More commonly, the surrogate mother supplies the ovum as well. Many discussions of such cases all too qUickly adopt the postulate that the woman who biologically produces the child is "the mother," or even just take this for granted. The issue is thus decided at the outset, simply by definition : the concept of 'mother', with its host of normative implications, seems inevitably linked to ovulation, fertilization , gestation, and birthing. Its meaning appears to be natural, that is, determined by the (biological) facts, preconstraining normative judgments. Not surprisingly, some hesitation arises when the possibility of gamete transfer is introduced. Where the surrogate provides only "womb service," two natural elements of motherhood are pitted against each other. Some discussions then tend to take on the character of a factual investigation , aiming to 'discover' which element is the more weighty. In any case, the potential for naturalistic fallacies lies here not so much in any particular deduction or argument, but in the very perception of the task as one of establishing the true facts of motherhood (as if we were tissue-testing for paternity). This description is generally characteristic also of Halakhic essays on surrogate motherhood. Contemporary Halakhic authors tend to perceive their task here as that of determining, on the baSis of traditional teachings, how to classify unprecedented realities. A common motif in these discussions therefore is the search for analogies (some from laws pertaining to the animal or vegetable kingdoms) by which, it is expected, the "fact" of true motherhood will be revealed. I [3.235.130.73] Project MUSE (2024-03-28 09:23 GMT) Parenthood 71 The background for this approach lies, in part, in the fact that adoption, the classical model of "parenthood by choice." is not Halakhically recognized as constituting full parenthood.2 The traditional Halakhic stance conceives of parenthood as a purely natural given. Upon critical consideration , however, this stance is seen as no more value free than other instances of citing the natural as normative . According normative authority to biological facts constitutes a value-laden commitment. This is most plainly revealed in limiting cases, where Halakhic rulings on parenthood deviate from the biological line. The clearest example of this is found in the debate over a practice which is roughly the male counterpart of surrogate motherhood. namely. artificial donor insemination. II. Artificial Insemination: Confronting Genetic Paternity Among modern techniques for enhancing fertility. the oldest and simplest is that of artificial insemination. At times it is employed. utilizing a husband's sperm, to overcome physiological problems in a couple's ability to conceive. Its more common uses, however. have been to circumvent problems of...