• reproductive medicine
• child
• embryos and fetuses

Some commentators confer the right to children on those who gestate them because of the personal intimate relationship they say obtains in gestation.1 Benjamin Lange criticises two variants of that argument.2 He argues against the view that gestation creates a sui generis relationship that in its distinctiveness confers the right to the child on its gestator and the right of the child to its gestator. He also argues against the view that gestation involves a relationship whose dissolution necessarily causes morally significant harm. I do not dispute these lines of reasoning, but the analysis goes further than Lange indicates. The reasons that Lange deploy to reject the relationship involved in gestation as conferring any kind of proprietary right to children also undercut that relationship as a ground of a presumptive duty towards those children.

In the first instance, Lange disputes the idea that gestation produces a non-instrumental good that both the gestator and child have an interest in maintaining. In part, he argues that this kind of relationship lacks the emotional complexity, intimacy and intensity that underwrite other kinds of relationships, namely the very qualities that constitute the value of those relationships. More tellingly, he says, there is no unambiguous evidence that …