Cecily Zamora
Natural Law is a philosophy that uses reason to analyse human nature and works on the basis that we should abide by the laws of nature. In the context of IVF, Natural Law can be applied in several ways. For example, some proponents of Natural Law argue that IVF is unnatural because it involves technology to perform what should be a natural process. This also extends to the screening of embryos for genetic abnormalities, which is a common practice in IVF. Additionally, certain countries, like France, have legislation that restricts IVF to heterosexual couples, citing Natural Law as a justification for their policies. However, there are also those who argue that while IVF may not be ideal, it can fulfill nature's purpose when natural conception fails. The application of Natural Law to IVF thus raises complex ethical, legal, and religious questions that are subject to ongoing debate.
| Characteristics | Values |
|---|---|
| Natural Law philosophy | Using reason to analyse human nature and abide by the laws of nature |
| Natural Law and IVF | Natural Law would say IVF is unnatural because it involves technology to perform a natural process |
| Embryo screening | Unnatural as it allows parents to choose not to have a disabled child |
| Religious beliefs | A child is a gift from God, not a right, and technology should not intervene |
| French legislation | Restricts IVF to heterosexual couples, citing violation of natural principles |
| Cultural relativism | French policies are difficult to view through this lens due to their restrictive nature |
| Homophobia | Policies are justified through "natural law", excluding homosexual couples and single individuals |
| Genesis interpretation | Every child must have a mother and father, and nature should take its course |
| Natural Law consequences | Multiple pregnancies, abandoned embryos, adverse health effects, and ethical problems |
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What You'll Learn
Natural law and embryo research
Natural Law is a philosophy that uses reason to analyse human nature, and works on the basis that we should abide by the laws of nature. It seeks to find the most natural and rational solution to an ethical dilemma. The theory is somewhat ambiguous and difficult to define but is most easily understandable in the work of Thomas Aquinas.
Natural Law would traditionally say that IVF is unnatural because it involves technology to perform what should be a natural process. However, some thinkers argue that while it isn't ideal, it accords with human reason or can fulfill nature’s purpose when nature fails. They can support and extend their argument further because of the advancement of technology in recent years, which has given us the ability to choose the gender of the child.
Natural Law would also say that embryo research is unnatural because when a child is conceived naturally, the parents do not have a choice of whether the child has any disabilities or not. By choosing not to have a disabled child, one implies that all disabled children should not exist. This also relates to the idea of 'designer babies', where a couple can design their child as if it were a consumer good rather than a living being.
However, the argument is not so simple, as there are many sides to the arguments for and against this type of research. The first issue is the right to a child; if a couple cannot conceive by the natural process of sexual reproduction, technology can help in conception. But should there be limits to how much help it can give? Embryo research, along with stem cell research, also provides valuable information that could bring about cures for diseases.
From a religious perspective, some say that a child is a gift from God and should not be considered a right. God gives you the ability to have a child, so if you don’t have that ability, then God does not want you to conceive—it is part of a divine plan. The Catholic Church, for example, believes that a human presence begins at the onset of life, rather than at the embryo stage. Donum Vitae, a text of the Catholic Church, states that “The human being must be respected—as a person—from the very first instant of his existence”. It also states that “Heterologous artificial fertilization is contrary to the unity of marriage, to the dignity of the spouses, to the vocation proper to parents, and to the child’s right to be conceived and brought into the world in marriage and from marriage”. The French National Bioethics Committee has also used the idea that policy should preserve nature as one of its principles.
In contrast, pro-life Christians in America support embryo research because of its potential benefits. They argue that no harm is being done (embryos feel no pain), and much good could be done. Every aborted foetus could yield hundreds of eggs from which hundreds of embryos could be produced. This is an example of utilitarianism, where the end justifies the means. Situation Ethics, another ethical theory, is relativist - individual circumstances can justify going against principles such as "Do not destroy embryos".
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Natural law and the 'designer baby'
Natural law is a philosophy that uses reason to analyse human nature and works on the basis that we should abide by the laws of nature. It is a theory that is somewhat ambiguous and difficult to define, but it is most easily understandable in the work of Thomas Aquinas. According to natural law, in vitro fertilisation (IVF) is unnatural because it involves technology to perform what should be a natural process. It also goes against the idea that a child is a gift from God and not a right, and that if a couple cannot conceive naturally, it is part of a divine plan.
However, some thinkers argue that while IVF is not ideal, it accords with human reason and can fulfil nature's purpose when nature fails. The French government, for example, permits IVF but restricts it to heterosexual couples who have lived together for over two years or are married. This is to prevent the violation of their established principles, which include the idea of a family and nature.
The scientific advancement of genetics and the possibility of designer babies have raised new questions for natural law. Designer babies are the product of Preimplantation Genetic Diagnosis (PGD), which identifies genetic defects in early embryos conceived via IVF. PGD can also be used to select physical traits and gender, and to create a donor offspring for a pre-existing sibling in need of a stem cell. While this technology has numerous medical applications, it also poses ethical and safety issues. Critics associate PGD with the eugenics practices of the early 20th century, which sought to create "better fit" children through managing reproduction and included forced sterilisation of disabled persons.
The regulation of designer babies is challenging due to the lack of federal-level regulation and the limitations of self-regulation, state-level legislation, and Food and Drug Administration (FDA) jurisdiction. The high cost of PGD procedures also makes it only accessible to the wealthy elite, creating a culture of selectivity and discrimination based on desirable traits. In conclusion, while natural law traditionally considers IVF and designer babies as unnatural, the advancement of technology and genetics has led to new debates and ethical considerations.
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Natural law and IVF for single individuals
Natural Law is a philosophy that uses reason to analyse human nature, and it works on the basis that we should abide by the laws of nature. The theory of Natural Law seeks to find the most natural and rational solution to an ethical dilemma.
Natural Law would traditionally say that IVF is an unnatural procedure because it involves technology to perform what should be a natural process. It is also argued that IVF eliminates the marriage act as the means of achieving pregnancy, instead of helping it achieve this natural end. The new life is not engendered through an act of love between husband and wife, but by a laboratory procedure performed by doctors or technicians. The Catholic Church, for instance, believes that the identity of the "donor," whether of egg or sperm, may never be known, depriving the child of an awareness of their lineage.
The French government restricts IVF to heterosexual couples who have either lived together for over two years or are married to prevent the violation of their established principles. Homosexual couples and single individuals were not permitted to use IVF as it violates their idea of a family. Postmenopausal women were also not permitted to use IVF as it violates their idea of nature. The French National Bioethics Committee’s decisions on what was considered natural and justified policy have been criticised for their blatant homophobia, which is deeply embedded in the Assembly’s policies on IVF.
However, there are some thinkers who, while admitting that it isn't ideal, argue that IVF accords with human reason or can fulfill nature’s purpose when nature fails. The Inter-American Court of Human Rights has ruled that the Supreme Court of Costa Rica’s 2000 judgment prohibiting in vitro fertilization (IVF) violated the human right to private and family life, the human right to found and raise a family, and the human right to non-discrimination on grounds of disability, financial means, or gender. The Court’s acceptance of infertility as a disease may be invoked to support IVF and comparable funding of reproductive health care through public and private health insurance plans in Latin America, and widely beyond.
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Natural law and IVF for homosexual couples
Natural Law is a philosophy that uses reason to analyse human nature, and it works on the basis that we should abide by the laws of nature. The theory of Natural Law seeks to find the most natural and rational solution to an ethical dilemma. In the context of IVF, Natural Law would traditionally say that the procedure is unnatural because it involves technology to perform what should be a natural process.
When it comes to homosexual couples, the application of Natural Law becomes more complex and controversial. Some countries, such as France, restrict IVF to heterosexual couples, citing the violation of their idea of a family as the reason for denying access to homosexual couples. This restriction is often justified through "natural law" reasoning, which may be influenced by religious institutions or cultural beliefs.
However, there are those who argue for a more inclusive interpretation of Natural Law in this context. They may argue that while IVF is not the ideal method of conception, it can fulfill nature's purpose when nature fails. Additionally, there is a growing movement towards recognizing the rights of homosexual couples to access fertility treatments, including IVF. Organizations like ASRM have concluded that it is the ethical duty of fertility programs to treat gay and lesbian couples equally to heterosexual married couples.
The process of IVF for homosexual couples often involves surrogacy and egg donation. Surrogacy is when a woman carries and delivers a baby for another person or couple, known as the intended parents. Egg donation involves fertilizing donor eggs with the sperm of one or both partners in the couple, creating embryos that are then transferred to the surrogate's uterus. While these arrangements can be complex, they provide a way for homosexual couples to have biological children.
Despite the increasing acceptance of IVF for homosexual couples, there are still ethical considerations and criticisms. Some critics argue that SSM parenthood challenges basic reproductive biology and that the involvement of third parties, such as surrogates and egg donors, presents unique issues. There are also concerns related to the welfare of the child and the financial responsibility of using public funding for SSM couples, who are seen as socially rather than medically infertile.
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Natural law and IVF for postmenopausal women
Natural Law is a philosophy that uses reason to analyse human nature, and it works on the basis that we should abide by the laws of nature. In the context of IVF, Natural Law would traditionally say that the procedure is unnatural because it involves technology to perform what should be a natural process. This is especially true in the case of postmenopausal women, as menopause is seen as a "natural" limit on reproductive capacity.
From a religious perspective, some argue that a child is a gift from God and not a right, and if one is unable to conceive, it is because God does not intend for them to do so. This line of reasoning would suggest that using IVF to facilitate pregnancy in postmenopausal women is going against God's plan.
However, others argue that while IVF may not be ideal, it can accord with human reason and fulfill nature's purpose when nature fails. This perspective acknowledges the desire of some postmenopausal women to have children and the potential benefits of this, such as economic stability, parental responsibility, and maturity within the family unit.
Additionally, societal norms are changing, and it is not uncommon for heterosexual women to marry men who are significantly younger. This could mitigate the concern that children born to postmenopausal mothers would be left orphaned at a young age due to their parents' age-related deaths.
The use of IVF in postmenopausal women also raises ethical questions about the potential medical risks involved in pregnancy after menopause and the welfare of the children born as a result. Critics argue that there should be limits to how much technology should assist in conception, especially when it comes to older women who are past their natural reproductive life cycle.
In conclusion, the application of Natural Law to IVF for postmenopausal women is complex and multifaceted. While some argue that it goes against the laws of nature and religion, others contend that it can fulfill nature's purpose and promote societal values of equality and personal freedom. Ultimately, the decision to provide IVF to postmenopausal women involves carefully weighing the potential benefits against the ethical and medical concerns.
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Frequently asked questions
Natural Law is a philosophy that uses reason to analyse human nature, and is based on the belief that we should abide by the laws of nature.
Natural Law would traditionally say that IVF is unnatural because it involves technology to perform what should be a natural process. It also goes against the belief that a child is a gift from God and should not be considered a right.
One ethical issue is that IVF allows parents to choose whether their child has any disabilities, which Natural Law argues implies that all disabled children should not exist. Another issue is that IVF can be seen as establishing the domination of technology over the origin and destiny of humans.
