Liezl L van Zyl | University of Waikato (original) (raw)

Books by Liezl L van Zyl

This volume provides a clear and accessible overview of central concepts, positions, and argument... more This volume provides a clear and accessible overview of central concepts, positions, and arguments in virtue ethics today. While it focuses primarily on Aristotelian virtue ethics, it also includes discussion of alternative forms of virtue ethics (sentimentalism and pluralism) and competing normative theories (consequentialism and deontology).

The first six chapters are organized around central questions in normative ethics that are of particular concern to virtue ethicists and their critics:

What is virtue ethics?
What makes a trait a virtue?
Is there a link between virtue and happiness?
What is involved in being well-motivated?
What is practical wisdom?
What makes an action right?
The last four chapters focus on important challenges or objections to virtue ethics:

Can virtue ethics be applied to particular moral problems?
Does virtue ethics ultimately rely on moral principles?
Can it withstand the situationist critique?
What are the prospects for an environmental virtue ethics?

Death and Compassion offers a systematic exploration of the role of the virtues within medical et... more Death and Compassion offers a systematic exploration of the role of the virtues within medical ethics and practice—presenting a critique of principle-based ethical systems within the context of modern medicine. Focusing specifically on terminal care and the ethical problems surrounding euthanasia, and drawing on Aristotle's teleological account of the virtues, the author develops an argument in favour of a systematic incorporation of the virtues of compassion, benevolence and respectfulness in medical practice-transcending ...

This book delves deeply into modern surrogacy arrangements, responding to both practical and ethi... more This book delves deeply into modern surrogacy arrangements, responding to both practical and ethical critiques by offering a radically new model for surrogate motherhood. Current practice distinguishes between two models of surrogacy – the altruistic (unpaid) model and the commercial (paid) model, both of which present social, ethical, and conceptual challenges. This book proposes a novel arrangement for surrogate motherhood – the professional model. Inspired by professions, such as nursing, teaching, and social work, the professional model acknowledges the caring motives that surrogate mothers have while at the same time compensating them for their work. Walker and Van Zyl adopt an evidence-based approach to explain that the professional model enables trust between intended parents and surrogates, provides professional support at every stage of the relationship, affords legal protections against exploitation and commodification, and recognizes the rights and interests of all parties, including the intended baby. The model applies to both transnational and domestic surrogacy and will be of great interest to policy makers, social researchers, bioethicists, legal scholars, fertility professionals, clinicians, and graduate students in psychology, philosophy, medicine and ethics.

Virtue, Narrative, and the Self: Explorations of Character in the Philosophy of Mind and Action, 2020

This volume aims to expand the reach of virtue theory beyond the confines of virtue ethics and vi... more This volume aims to expand the reach of virtue theory beyond the confines of virtue ethics and virtue epistemology, while at the same time revealing how discussions of narrativity and self may inform work in virtue theory. The task we set before us is one that moves discussion forward into issues of philosophical psychology, action theory, and the philosophy of mind. Comparatively little work has been done to show how virtue may inform debates in these important areas of philosophical research. The exercise of virtuous character arises from a disposition to act in certain ways and those dispositions may be formed in part by what is constitutive of the self or the story we tell about ourselves. Similarly, what the self is and how we talk about the self may inform discussion of virtuous character and human flourishing. Virtue theorists have only begun to consider the ways in which research in action theory and the philosophy of mind can enrich theorising about virtue, right action, and human flourishing. Our hope for this volume is to begin a sustained and fruitful dialogue between virtue theorists, action theorists, and philosophers of mind.

Virtue ethics by Liezl L van Zyl

Dialogue: A Journal of Religion and Philosophy, 2022

The Trolley Problem, 2023

Liezl van Zyl’s chapter approaches the trolley problem from the perspective of virtue ethics. On ... more Liezl van Zyl’s chapter approaches the trolley problem from the perspective of virtue ethics. On the one hand, Van Zyl argues that there are reasons to be skeptical about the theoretical signifcance and practical relevance of the trolley problem. On the other hand, she argues that a virtue ethical approach can provide a plausible diagnosis of what distinguishes the acceptable act of a bystander saving five by turning a switch from the unacceptable act of saving five by pushing someone off a bridge. She also argues that a virtue ethical approach can account for what goes on in Thomson’s infamous Loop case by noting that diverting the trolley does not necessarily involve viewing the sole workman as an object or as a means to an end, even if the death of the one is causally necessary for the saving of the five.

Virtue, Narrative, and the Self: Explorations of Character in the Philosophy of Mind and Action, 2021

In this introduction, we justify the expansion of virtue theory into the domains of philosophy of... more In this introduction, we justify the expansion of virtue theory into the domains of philosophy of mind and philosophy of action. First, in §2, they provide some exegesis on the recent history of virtue theory. “The Virtue Turn,” as it is sometimes called, may be traced to two sources: Elizabeth Anscombe in ethics and Ernest Sosa in epistemology. This return to virtue theory has sparked some significant and fascinating debates. In §3, we defend the expansion of virtue-theoretic talk into discussions of narrative and the self, and vice versa. Our arguments revolve around the broad connections that may be made between virtue, narrative, and the self. For example, we show how living well involves the cultivation of good character, which makes telling a story of one’s self equally worthwhile. Our understanding of the self is and the stories we tell about events that occur in a lifetime, are enriched by the virtuous (or vicious) character that we have nurtured during that lifetime. The final section provides summaries of each contribution.

Handbuch Tugend und Tugendethik. , 2020

Virtue Ethics: Retrospect and Prospect, 2019

Abstract. Virtue ethics encourages us to judge the actions of others, not merely as right or wron... more Abstract. Virtue ethics encourages us to judge the actions of others, not merely as right or wrong, but as virtuous (kind, courageous, just, compassionate, etc.) or vicious (cruel, cowardly, unjust, selfish, etc.). In doing so, however, we risk acting viciously ourselves. That is, our judgments of others can be unfair, unkind, insensitive, uncharitable, or hypocritical, even while being accurate. I argue that in order to make good judgments of the actions of others we should turn to virtue ethics for action guidance. That is, our primary aim should not be to make accurate judgments but to act virtuously when judging others.

According to qualified-agent virtue ethics, an action is right if and only if it is what a virtuo... more According to qualified-agent virtue ethics, an action is right if and only if it is what a virtuous agent would characteristically do in the circumstances. I discuss two closely related objections to this criterion, both of which relate to the actions of the non-virtuous. The first is that this criterion sometimes gives the wrong result, for in some cases a non-virtuous agent should not do what a virtuous person would characteristically do. A second objection is it altogether fails to apply whenever the agent, through previous wrongdoing, finds herself in circumstances that a virtuous person cannot be in. I focus on Rosalind Hursthouse’s account of right action, and argue that it can provide a satisfactory response to both these objections. I do so by drawing attention to the distinction between action guidance and action assessment, and arguing that while the above criterion is adequate as a means of action assessment, we should turn to the virtue- and vice-rules (v-rules) for action guidance.

in Routledge Companion to Virtue Ethics, edited by L. Besser-Jones & M. Slote

Qualified-agent virtue ethics provides an account of right action in terms of the virtuous agent.... more Qualified-agent virtue ethics provides an account of right action in terms of the virtuous agent. It has become one of the most popular, but also most frequently criticized versions of virtue ethics. Many of the objections rest on the mistaken assumption that proponents of qualified-agent virtue ethics share the same view when it comes to fundamental questions about the meaning of the term ‘right action’ and the function of an account of right action. My aim in this paper is not to defend qualified-agent virtue ethics but to correct this misunderstanding, and this will hopefully leave us in a better position to evaluate it.

A tragic dilemma is thought to arise when an agent, through no fault of her own, finds herself in... more A tragic dilemma is thought to arise when an agent, through no fault of her own, finds herself in a situation where she must choose between two courses of action, both of which it would be wrong to undertake. I focus on tragic dilemmas that are resolvable, that is, where a reason can be given in favour of one course of action over another, and my aim is to examine whether Hursthouse’s virtue-ethical account of right action succeeds in avoiding two problems presented by tragic dilemmas. The first of these is that they produce the seemingly contradictory conclusion that an agent, in doing what she ought to do, acts wrongly, making it appropriate for her to feel guilt. The second is the paradox of moral luck, which consists in the conflict between the intuition that an agent cannot be held responsible for actions that are not fully voluntary, and the fact that she may nevertheless believe that she has done something morally reprehensible. I argue that if we accept Hursthouse’s separation of action guidance and action assessment, her account succeeds in solving the problem of contradiction. However, it does not completely avoid the problem of moral luck. I argue, against Hursthouse, that the virtuous agent can emerge from a tragic dilemma having acted well, and that this is the conclusion we must arrive at if we want to avoid the problem of contradiction and of moral luck.

One of the central questions in normative theory is the question of what makes an action right: w... more One of the central questions in normative theory is the question of what makes an action right: which quality (or qualities) must an action possess in order for it to be right? Consequentialism and deontology answer this question by making reference to consequences and duty respectively, so it seems that if virtue ethics is to be taken seriously as an alternative normative theory, it should provide an account of right action that is distinctive in some way. Th e most popular virtue-ethical theory of right action is the qualifi ed-agent account developed by neo-Aristotelians like Rosalind Hursthouse (1999: 28):

In Morals from Motives (2001) Michael Slote puts forward an agent-based virtue ethics that purpor... more In Morals from Motives (2001) Michael Slote puts forward an agent-based virtue ethics that purports to derive an account of deontic terms from aretaic evaluations of motives or character traits. In this view, an action is right if and only if it proceeds from a good or virtuous motive or at least does not come from a bad motive, and wrong if it comes from a bad motive. I argue that Slote does not provide an account of right action at all, that is, if ‘right action’ is understood in the strict deontic sense of an act that is either permissible or obligatory. An examination of Slote’s treatment of the problem of moral luck shows that he presupposes a conceptual link between what is morally wrong and what is blameworthy. I conclude by suggesting that agent-based virtue ethics may do better as an attempt to eliminate deontic notions altogether.

The first six chapters are organized around central questions in normative ethics that are of particular concern to virtue ethicists and their critics:

Virtue, Narrative, and the Self: Explorations of Character in the Philosophy of Mind and Action, 2020

Dialogue: A Journal of Religion and Philosophy, 2022

The Trolley Problem, 2023

Virtue, Narrative, and the Self: Explorations of Character in the Philosophy of Mind and Action, 2021

Handbuch Tugend und Tugendethik. , 2020

Virtue Ethics: Retrospect and Prospect, 2019

in Routledge Companion to Virtue Ethics, edited by L. Besser-Jones & M. Slote

In ‘Against agent-based virtue ethics’ (2004) Michael Brady rejects agent-based virtue ethics on ... more In ‘Against agent-based virtue ethics’ (2004) Michael Brady rejects agent-based virtue ethics on the grounds that it fails to capture the commonsense distinction between an agent’s doing the right thing, and her doing it for the right reason. In his view, the failure to account for this distinction has paradoxical results, making it unable to explain why an agent has a duty to perform a given action. I argue that Brady’s objection relies on the assumption that an agent-based account is committed to defining obligations in terms of actual motives. If we reject this view, and instead provide a version of agent-basing that determines obligations in terms of the motives of the hypothetical virtuous agent, the paradox disappears.

Agent-based accounts of virtue ethics, such as the one provided by Michael Slote, base the rightn... more Agent-based accounts of virtue ethics, such as the one provided by Michael Slote, base the rightness of action in the motive from which it proceeds. A frequent objection to agent-basing is that it does not allow us to draw the commonsense distinction between doing the right thing and doing it for the right reasons, that is, between act-evaluation and agent-appraisal. I defend agentbasing against this objection, but argue that a more fundamental problem for this account is its apparent failure to provide adequate action guidance. I then show that this problem can be solved by supplementing an agent-based criterion of right action with a hypothetical-agent criterion of action guidance.

In this paper I argue that the disagreement between modern moral philosophers and (some) virtue e... more In this paper I argue that the disagreement between modern moral philosophers and (some) virtue ethicists about whether motive affects rightness is a result of conceptual disagreement, and that when they develop a theory of ‘right action,’ the two parties respond to two very different questions. Whereas virtue ethicists tend to use ‘right’ as interchangeable with ‘good’ or ‘virtuous’ and as implying moral praise, modern moral philosophers use it as roughly equivalent to ‘in accordance with moral obligation.’ One implication of this is that the possibility of an act being right by accident does not pose a problem for consequentialism or deontology. A further implication is that it reveals a shortcoming in virtue ethics, namely that it does not—yet needs to—present an account of moral obligation.

in Current Controversies in Virtue Theory, edited by Mark Alfano

Some philosophers believe that a change in motive alone is sometimes sufficient to bring about a ... more Some philosophers believe that a change in motive alone is sometimes sufficient to bring about a change in the deontic status (rightness or wrongness) of an action. I refer to this position as ‘weak motivism’, and distinguish it from ‘strong’ and ‘partial motivism’. I examine a number of cases where our intuitive judgements appear to support the weak motivist’s thesis, and argue that in each case an alternative explanation can be given for why a change in motive brings about (or, in some cases, appears to bring about) a change in deontic status.

Critics of virtue ethics have argued that its focus on character rather than action, as well as i... more Critics of virtue ethics have argued that its focus on character rather than action, as well as its rejection of universal rules of right action renders virtue ethics unable to shed much light on the question of what ought and ought not to be done in specific situations. According to them, this explains why so few attempts have been made to apply virtue theory to specific moral questions. In this paper I aim to go some way towards developing a version of virtue theory that satisfies four constraints that applied ethics places upon moral theory: (1) the requirement that it present standards of right action; (2) a sensitivity to the complexity of moral life in multicultural and pluralistic societies; (3) an acceptance of the principle of universalisability as a necessary property of an ethical theory, and (4) the provision of a non-egoistic justification and explanation of universal rules and principles.

The British Journal of Social Work, 2020

In New Zealand, as in the UK, the surrogate is the legal mother of the child until parentage is t... more In New Zealand, as in the UK, the surrogate is the legal mother of the child until parentage is transferred by the court to the intended parents. Social workers are responsible for assessing the intended parents’ suitability to parent and scrutinising the arrangement. However, courts almost invariably transfer parentage, regardless of their recommendations, with the result that social workers experience a significant amount of role ambiguity. We conducted semi-structured interviews with surrogates and intended parents about their experience of surrogacy in New Zealand, focussing on the changes they would like to see in the regulatory framework, particularly with regards to legal parentage and the involvement of social workers in assessing intending parents’ suitability to parent. Thematic analysis of interview transcripts showed that role ambiguity and role conflict experienced by social workers have their corollary in the experience of intended parents and surrogates, where it manifests as either fear that the adoption could be declined or uncertainty about the purpose of the social worker’s involvement. Although participants recommended that their role be eliminated—along with the adoption process itself—we argue that there is a valuable role for social workers at the beginning of the process.

New Zealand Family Law Journal, 2020

In this article we argue that, from the perspective of the surrogacy triad, the legal process in ... more In this article we argue that, from the perspective of the surrogacy triad, the legal process in New Zealand does not work well. We conducted semi-structured interviews with surrogates and intended parents about their experience of the New Zealand system and found several common themes, which we report here. Most legal professionals lack experience with surrogacy adoptions and do not always provide accurate advice, which leads to additional cost and stress for the intended parents in particular. A large part of the problem is that the legislation itself is not fit for purpose and forces the triad into a Family Court procedure that is antithetical to the intentions of all members. ECART plays a valuable role in facilitating domestic surrogacies and we argue for it to be expanded to include all traditional surrogacies and to be the only port of call for the triad to establish the intended parents as the legal parents of the baby from birth.

It has become common to distinguish between altruistic and commercial contract motherhood (or ‘su... more It has become common to distinguish between altruistic and commercial contract motherhood (or ‘surrogacy’). Altruistic arrangements are based on the ‘gift relationship’: a woman is motivated by altruism to have a baby for an infertile couple, who are free to reciprocate as they see fit. By contrast, in commercial arrangements both parties are motivated by personal gain to enter a legally enforceable agreement, which stipulates that the contract mother or ‘surrogate’ is to bear a child for the intending parents in exchange for a fee. She is required to undergo medical examinations and to refrain from behaviour that could harm the foetus. The intending parents are the child’s legal parents from the outset. The parties to the contract can, but are not expected to maintain contact after the transaction is completed. We argue that contract motherhood should not be organised according to the norms of the gift relationship, and that contract mothers should be compensated for their labour. However, we accept that there are good reasons for rejecting the commercial model as a suitable framework for contract pregnancy, and argue, instead, in favour of viewing it as a profession.

A diagnosis of fetal abnormality presents parents with a difficult – even tragic – moral dilemma.... more A diagnosis of fetal abnormality presents parents with a difficult – even tragic – moral dilemma. Where this diagnosis is made in the context of surrogate motherhood there is an added difficulty, namely that it is not obvious who should be involved in making decisions about abortion, for the person who would normally have the right to decide – the pregnant woman – does not intend to raise the child. This raises the question: To what extent, if at all, should the intended parents be involved in decision-making? In commercial surrogacy it is thought that as part of the contractual agreement the intended parents acquire the right to make this decision. By contrast, in altruistic surrogacy the pregnant woman retains the right to make these decisions, but the intended parents are free to decide not to adopt the child. We argue that both these strategies are morally unsound, and that the problems encountered serve to highlight more fundamental defects within the commercial and altruistic models, as well as in the legal and institutional frameworks that support them. We argue in favour of the professional model, which acknowledges the rights and responsibilities of both parties and provides a legal and institutional framework that supports good decision-making. In particular, the professional model acknowledges the surrogate’s right to decide whether to undergo an abortion, and the intended parents’ obligation to accept legal custody of the child. While not solving all the problems that arise in surrogacy, the model provides a framework that supports good decision-making.

Surrogate motherhood is treated as a form of adoption in many countries: the birth mother and her... more Surrogate motherhood is treated as a form of adoption in many countries: the birth mother and her partner are presumed to be the parents of the child, while the intended parents have to adopt the baby once it is born. Other than compensation for expenses related to the pregnancy, payment to surrogates is not permitted. We believe that the failure to compensate surrogate mothers for their labour as well as the significant risks they undertake is both unfair and exploitative. We accept that introducing payment for surrogates would create a significant tension in the adoption model. However, we recommend rejecting the adoption model altogether rather than continuing to prohibit compensation to surrogates.

In this chapter we address the problematic nature of altruistic motivation, commonly required of ... more In this chapter we address the problematic nature of altruistic motivation, commonly required of surrogate mothers, live organ donors, clinical research participants and health professionals. Altruism, understood as involving a desire to help others, often to a self-sacrificing degree, gives rise to various conceptual and ethical difficulties. We argue that encouraging the virtue of generosity is preferable to requiring altruistic motivation, because generosity is consistent with reciprocation as well as legitimate concern for self. A correct understanding of generosity also alleviates concerns about exploitation and commodification. Our focus in this chapter is on surrogacy, but our arguments apply to other domains as well.

In recent years, a number of writers dealing with questions over parenthood that arise in the con... more In recent years, a number of writers dealing with questions over parenthood that arise in the context of reproductive technologies and surrogate motherhood, have appealed to the notion of “intentional parenthood”. Basing their argument on liberal values such as individual autonomy, the freedom to enter contracts, the right to privacy, and individual self fulfilment, they argue that contractually stated intentions, rather than genetic or gestational relationships, should form the basis of parental rights. Against this I argue that parental rights do not derive from contractual agreements, but are based in their obligations towards the child. I then examine the nature of the obligations that the various parties have towards the child both pre- and postnatally.

Reproductive techniques and practices, ranging from ordinary birth-control measures and artificia... more Reproductive techniques and practices, ranging from ordinary birth-control measures and artificial insemination to embryo transfer and surrogate motherhood, have greatly enhanced our range of reproductive choices. As a consequence, they pose a number of difficult moral and legal questions with regard to the formation of a family and our conception of parenthood. A view that is becoming increasingly common is that parental rights and responsibilities should not be based on genetic relationships but should instead be seen as arising from agreements or contracts between individuals. Accordingly, a man who consents to his wife’s AID, and not the sperm donor, is the legal father of the child; in surrogacy agreements, the “intending mother”, and not the surrogate, has the right to raise the resulting child; a man who is tricked into parenthood is not to be held responsible for child support. While agreeing that biology should not form the basis for assigning legal parenthood, I argue that the theory of intentional parenthood, despite being put forward as a liberal theory, is geared towards or will have the function of protecting the nuclear family and inhibiting the formation of alternative family forms.

Abstract In this paper we examine the questions “What does it mean to be a surrogate mother?” and... more Abstract In this paper we examine the questions “What does it mean to be a surrogate mother?” and “What would be an appropriate perspective for a surrogate mother to have on her pregnancy?” In response to the objection that such contracts are alienating or dehumanising since they require women to suppress their evolving perspective on their pregnancies, liberal supporters of surrogate motherhood argue that the freedom to contract includes the freedom to enter a contract to bear a child for an infertile couple.

Abstract The aim of this article is to establish whether there is anything intrinsically immoral ... more Abstract The aim of this article is to establish whether there is anything intrinsically immoral about surrogacy arrangements from the perspective of the surrogate mother herself. Specific attention is paid to the claim that surrogacy is similar to prostitution in that it reduces women's reproductive labour to a form of alienated and/or dehumanized labour.

The aim of this work is to provide a critique of principle-based ethical systems within the conte... more The aim of this work is to provide a critique of principle-based ethical systems within the context of modern medicine, focusing specifically on end-of-life decisions. In an attempt to transcend the shortcomings of both utilitarian and deontological ethical theories, the author argues for an incorporation of the virtues in medical practice, drawing from and developing Aristotle's teleological account of the virtues.

In this paper I outline a motive-based virtue account of right action, according to which an acti... more In this paper I outline a motive-based virtue account of right action, according to which an action is right if it expresses or exhibits virtuous motive, and which defines virtue in terms of human flourishing. I indicate how this account allows us to deal with the problem of consequential luck. By applying this account to the question of whether it is ever morally right or acceptable to assist in someone’s death, I demonstrate how it also allows us to deal with the problem of circumstantial luck, which arises when an agent is finds himself in a situation where he is forced to choose between two reprehensible acts.

Following the recent revival of virtue ethics, a number of ethicists have discussed the moral pro... more Following the recent revival of virtue ethics, a number of ethicists have discussed the moral problems surrounding euthanasia by drawing on concepts such as compassion, benevolence death with dignity, and mercy, and by inquiring whether euthanasia is compatible with human flourishing. Most of these writers assert, or simply assume, that their arguments concerning the morality of euthanasia also support their views with regard to legislation. I argue, against these writers, that legislation cannot and should not be based on our moral and religious beliefs concerning whether euthanasia allows a person to die a good death. I then outline an Aristotelian approach to the role of law and government in a good society, according to which the task of the legislator is not to ensure that people actually act virtuously, but is instead to make it possible for them to choose to live (and die) well by ensuring that they have access to the goods that are necessary for flourishing. In the second half of the paper I apply this approach to the question of whether voluntary active euthanasia should be legalised by asking (1) whether euthanasia always deprives people of the necessary conditions for flourishing, and (2) whether the option to request euthanasia is ever necessary for flourishing.

Chapter 6 of Death and Compassion: A Virtue-based Approach to Euthanasia

Ethics, 2012

JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, a... more JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org.

Australasian Journal of Philosophy, 2012

New Waves in Ethics has two very ambitious goals. One is to enable newcomers to the study of ethi... more New Waves in Ethics has two very ambitious goals. One is to enable newcomers to the study of ethics to become knowledgeable about the major debates in this area. A second goal is to provide a snapshot of the leading upcoming figures in ethics, which will allow us to chart the future direction of their thought afterwards.

Journal of Applied Philosophy

Journal of Applied Philosophy, 2014

Cambridge University Press eBooks, Mar 2, 2023

Virtue, Narrative, and Self, 2020

Virtue, Narrative, and Self connects two philosophical areas of study that have long been treated... more Virtue, Narrative, and Self connects two philosophical areas of study that have long been treated as distinct: virtue theory and narrative accounts of personal identity. Chapters address several important issues and neglected themes at the intersection of these research areas. Specific examples include the role of narrative in the identification, differentiation, and cultivation of virtue, the nature of practical reasoning and moral competence, and the influence of life's narrative structure on our conceptions of what it means to live and act well. This volume demonstrates how recent work from the philosophy of mind and action concerning narrativity and our understanding of the self can shed new light on questions about the nature of virtue, practical wisdom, and human flourishing. This book will be of interest to scholars and advanced students working in virtue theory, moral philosophy, philosophy of mind and action, and moral education.

Virtue Ethics: Retrospect and Prospect, 2019

Currently just two forms of surrogacy arrangement are recognized: altruistic and commercial. Altr... more Currently just two forms of surrogacy arrangement are recognized: altruistic and commercial. Altruistic surrogates are not paid. This seems unfair to many people, given the risky and arduous nature of pregnancy. Commercial surrogates receive financial compensation. However, this gives rise to the concern that they are motivated only by money and not by a desire to help others. This chapter introduces a third way, the professional model, which is based on an analogy to the caring professions. It treats surrogates fairly by paying them, while at the same acknowledging that their motives are good.

Trust is a core value in surrogacy. Intended parents face risk and uncertainty in case the surrog... more Trust is a core value in surrogacy. Intended parents face risk and uncertainty in case the surrogate decides not to relinquish the baby. Surrogates fear that intended parents will not take the baby or will renege on their agreement with her. Commercial contracts cannot establish trust and a relational bond is too fragile to do so if something goes wrong. The professional model adopts the concept of professional trust where licensing, regulation, and selection for ethical qualities make practitioners trustworthy. Sanctions for unethical conduct protect users of the service.

The professional model requires support from the relevant professionals to all parties during the... more The professional model requires support from the relevant professionals to all parties during the process. This chapter outlines the distinct role of each of these professions, namely legal and medical practitioners, social workers, counsellors, nurses and midwives. All surrogacy arrangements, traditional or gestational, are formal. They have to be approved and conducted through fertility clinics. All surrogates must be registered to ensure that they are medically and psychological healthy and have the necessary ethical awareness and appreciation of the duties they have towards the intended baby and the intended parents. Similarly, the intended parents must understand their responsibilities to the surrogate as well as her rights. She cannot keep the baby but she has other important rights as a patient and autonomous person.

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Handbuch Tugend und Tugendethik, 2021