Evaluating the welfare of the child in same-sex families

Abstract

Within the field of medically assisted reproduction, the welfare of the child is advanced as the major argument to decide the acceptability of certain applications. This argument, however, needs a complex framework in order to be understood and used properly. The effect of empirical evidence regarding the welfare of the child on people's judgments about the acceptability of same-sex families will differ for utilitarians and deontologists. Deontologists who are opposed to same-sex families will not change their mind when confronted with reassuring evidence. However, utilitarians also frequently use the evidence wrongly or draw the wrong conclusions. The reasonable welfare standard is put forward to avoid counterintuitive judgments and to block comparative reasoning that may follow from the use of heterosexual families as a control in follow-up research. Finally, a number of problems related to the use of parental sexual orientation as a criterion are discussed. The discrimination against same-sex families will not be overturned by empirical evidence about the welfare of the children. Children in same-sex families are generally doing well but their situation could be improved if their parents' relationship were to be socially and legally recognized.