Children’s human rights and unlinking child-parent biological bonds with adoption, same-sex marriage and new reproductive technologies

Children’s human rights and unlinking child-parent biological bonds with adoption, same-sex marriage and new reproductive technologies

Children’s human rights and unlinking child-parent biological bonds with adoption, same-sex marriage and new reproductive technologies

Children’s human rights and unlinking child-parent biological bonds with adoption, same-sex marriage and new reproductive technologiess

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Référence bibliographique [2255]

Somerville, Margaret. 2007. «Children’s human rights and unlinking child-parent biological bonds with adoption, same-sex marriage and new reproductive technologies ». Journal of Family Studies, vol. 13, no 2, p. 179-201.

Fiche synthèse

1. Objectifs


Intentions :
«This article examines the link between same-sex marriage, adoption and NRTs [new reproductive technologies]. That link is that all of them unlink the child parent biological bond. It then explores some of the implications and likely outcomes of that unlinking.» (p.182)

2. Méthode


Échantillon/Matériau :
Données documentaires diverses

Type de traitement des données :
Réflexion critique

3. Résumé


«Two unprecedented developments - that of new reproductive technologies and the legalization of same-sex marriage in some jurisdictions - especially in combination, pose unprecedented challenges to children’s fundamental human rights with respect to their biological origins (their very coming into being); their rights to knowledge of these origins; their rights to be reared within their immediate and wider biological families; and their rights to a parent of each sex. Yet, in Canada, including in the courts and Parliament, almost all of the public debate that resulted in the legalization of same-sex marriage failed to consider its impact on children’s human rights. Marriage is a compound right: the right to marry and to found a family. That means marriage functions at the societal level to establish and institutionalize not only one adult’s relationship to another adult, but also those adults’ relationship to the children born to them. [...] I propose that the most fundamental human right of every person is the right to be born from natural human origins that have not been tampered with by anyone else. Children’s human rights also include the right to know their biological parents and, if at all possible, to be reared by them within their immediate and wider biological family. If marriage involved only adults there is no good reason to oppose same-sex marriage. But, for the sake of children, I propose that marriage should remain the union of one man and one woman. If however, same-sex marriage is legalized, we must specifically enact legislation setting out children’s human rights with respect to their biological origins and families.» (pp.179-180)