Should
unwilling fathers be forced to maintain their children? The answer is no according
to Laurie
Shrage. She bases her argument on the facts that an unwilling father has
not consented to have a child and does not have the power to have the foetus
aborted or the child given up for abortion. In what follows I will make a
distinction between unwilling and unintentional fathers. I will argue that
whilst most unintentional should be forced to maintain their children some
should not.
To start with I want differentiate between two classes of unwilling
fathers. There are unwilling fathers who intended to have a child and those who
did not. An example of the former would be someone who intentionally fathers a child simply because he
loves his partner even though he would rather not be a father. Initially such a
father might well support his child simply because he loves his partner. However
if his love fades so may his support. It would appear that any unwilling father
who intentionally fathers a child, and has made an autonomous choice to do so,
can be held responsible for his actions and should help maintain his child. It
is possible that a very small subset of the class of intentional fathers may
not have made an autonomous decision to become a father. I will not consider
these fathers in this posting. In the rest of this posting I will only be
concerned with unwilling fathers who father a child unintentionally.
Let us
consider a driver speeding recklessly. Let us assume this driver mounts the
pavement and harms a pedestrian due to his reckless speeding. The driver did
not intend to harm the pedestrian but nonetheless he would be held responsible for
his actions and hence liable to pay damages. Now let us consider a man who does
not intend becoming a father but nonetheless engages in unprotected sex. Let us
assume as a result he becomes a father. It might then be argued by analogy he
ought to be liable to pay some maintenance towards his child. It might at this
point be objected that my analogy is an inaccurate one. My objector might point
out that in the case of the unintentional father the mother has the freedom to
abort or have the child adopted, a freedom the father does not have. This point
is made by Shrage. Let us revise the case of our speeding driver. Let us now
assume that when he mounted the pavement a bystander could have pushed the
victim out of the way. Let us assume he did not. It seems to me that in this revised
case the reckless driver should still be held responsible for his actions and
hence liable to pay damages. Moreover it seems this revised case of the
reckless driver is much more analogous to that of an unintended father. Prima facie
it might be concluded that all unintentional father should be required to help
maintain their children.
It has been suggested to me by Owen
Schaefer that the above analogy may fail
because simply causing a child to exist does not harm that child. In response I
would adopt a position similar to that of Lindsey Porter (1). Porter
points out that a biological parent is someone who causes a new person to exist.
She then points out children are vulnerable. She proceeds to argue that because
a biological parent is responsible for a child’s vulnerability he/she should
take steps to remedy this situation. Now of course causing someone to be
vulnerable is not exactly the same as directly harming her unless one accepts
omissions can have the same moral import as actions. Nonetheless making vulnerable and harming are closely related. Consider
a parent who fails to ensure his/her child receives her measles MMR jab. Such a
parent makes his/her child vulnerable to catching measles. I will assume such a
jab is completely safe and that parents should be aware of this fact. I would
suggest in this situation such a parent fails in his/her parental obligation.
If my suggestion is accepted then does such a parent fail in this obligation
because he/she makes the child vulnerable to measles or does he/she only fail
in this obligation if the child actually catches measles and is harmed as a
result? I would be reluctant to accept the latter conclusion. If my reluctance
is justified in this case then making a child vulnerable is morally equivalent
to harming that child. It follows if making a child vulnerable is analogous to
creating a vulnerable child that creating a vulnerable child and taking no
steps to remedy this vulnerability is morally equivalent to harming that child
and this supports my prima facie conclusion above.
I have argued that causing a vulnerable child to exist places a prima
facie duty on a parent to support that child. This duty is only a prima facie
one and some parents such as a 14 year old mother might well be exempt. However
as Schaefer points out accepting this appears to imply gamete donors and
fertility doctors would be subject to the same duty. Such an implication is
counter intuitive. I have previously argued this implication is unsound and will
repeat the argument here. Let us consider two sisters Ann and
Carol. Ann is married but is incapable of carrying a child because she has had
a hysterectomy followed by chemotherapy due to cancer. Prior to her treatment
some of Ann’s eggs were saved. Carol has two children of her own but
nonetheless offers to act as a surrogate mother for Ann. Carol successfully
undergoes IVF using her sister’s eggs together with Ann’s partner’s sperm and
produces a child. Let us assume Carol will never undertake surrogacy again or
have any other children. Clearly Carol played a necessary part in causing Ann’s
child to exist. Does it follow that in this situation Carol has any obligation
with Ann to assume parental duties? I argued it does not. Ann wanted a child.
Having a child of her own was of intrinsic value to her. Carol only acted
instrumentally to serve Ann’s wants.
Carol may have played a necessary part in the creation of the child but
she would not have done so without Ann’s need. Ann and Carol caused the child
to exist in different ways. Ann’s need was the original cause of the child.
Carol served this original cause instrumentally. I would suggest only those
people who cause a child to exist, by being the original cause of that child,
have a prima facie duty to support that child. I further suggest unintentional
fathers are among these people. It might appear that people who cause a child
to exist by acting instrumentally to fulfil someone else’s need for a child do
not have such a duty. It follows that gamete donors, IVF specialists and
surrogate mothers do not have a prima facie duty to support any children they
help to come into existence.
However the
above appearance is too simplistic. It is not always true that someone acting purely
instrumentally to serve someone else’s ends has no duties connected to these
ends. If this were not so a Nazi who participated in the Holocaust and was
following orders should not have been held responsible for his actions. I would
suggest anyone acting instrumentally to serve someone else’s ends has a duty to
satisfy himself those ends cause no harm. If he is able to satisfy himself his
actions to serve the ends of another will cause no harm then he has no further
duties connected to these ends. This duty of course applies to IVF specialists
and surrogate mothers who have a duty to satisfy themselves that any children
born with their help will be well cared for. An IVF specialist who helped a 16
year old become a single parent might not be satisfying this duty; Carol in the
above example would. It also seems to follow from the above that any unwilling
father who intentionally fathers a child because he loves his partner and
believes his partner can support the child on her own does not have a duty
maintain his child.
I will now
argue not all unintentional fathers have a duty to support their children. I
will argue that if an unintentional father is deceived then he does not have a
duty to help maintain his child. Let us return to our speeding driver. This driver
does not intend to cause harm but he is aware, or should be aware, that his
speeding may cause harm and as a result is liable for any harm he causes. Most
unintentional fathers engaging in unprotected sex are, or should be aware, that
they may father children and as a result should be liable to maintain their
children. However some unintentional fathers may be deceived. Perhaps they are
lied to about contraception. Such fathers may have been unaware that they might
become fathers and this ignorance was not due to any fault on their behalf. I
would suggest such fathers do not have a duty to maintain their children.
- Lindsey Porter, Adoption is Not
Abortion-Lite, Journal of Applied
Philosophy, 29(1), 2012.