Intergenerational Justice for Children: Restructuring Adoption, Reproduction & Child Welfare Policy

Journal of Law & Ethics of Human Rights (2013-14), Forthcoming

22 Pages Posted: 20 Jun 2013

Date Written: June 12, 2013

Abstract

This article takes seriously the idea of intergenerational justice for children, and takes as starting premises that child interests count as equivalent to adult, and that we owe justice not just to existing children but also to the next generation. It argues that intergenerational justice demands a major restructuring of policies throughout the world governing adoption, reproduction, and child welfare. We now encourage the reproduction of more children than we can care for, provide limited child welfare enabling poor parents to care for their children, and discourage adoption of existing children who need homes. These policies are perverse, unfair not just to children but adults as well. Societies that damage their children will have to live with those children when they grow up, children at high risk for crime, substance abuse, unemployment, poverty and for mistreating the next generation. We need to reverse the perverse. We need to change the pronatalist and anti-contraception policies that encourage the reproduction of children who won’t be born healthy or receive nurturing care, and we need to encourage adoption both domestic and international.

Keywords: justice for children, high risk children, child interests

Suggested Citation

Bartholet, Elizabeth, Intergenerational Justice for Children: Restructuring Adoption, Reproduction & Child Welfare Policy (June 12, 2013). Journal of Law & Ethics of Human Rights (2013-14), Forthcoming, Available at SSRN: https://ssrn.com/abstract=2282012 or http://dx.doi.org/10.2139/ssrn.2282012

Elizabeth Bartholet (Contact Author)

Harvard Law School ( email )

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1563 Massachusetts Avenue
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United States
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(617) 496-4947 (Fax)

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