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DEBATE
CARSON STRONG
Keywords
reproductive cloning,                                  ABSTRACT
genetic offspring,                                     In previous articles I discussed the ethics of human reproductive cloning,
procreative freedom,                                   focusing on a possible future scenario in which reproductive cloning can be
infertility                                            accomplished without an elevated risk of anomalies to the children who are
                                                       created. I argued that in such a scenario it would be ethically permissible for
                                                       infertile couples to use cloning as a way to have genetically related children
                                                       and that such use should not be prohibited. In ‘Reproductive Cloning and a
                                                       (Kind of) Genetic Fallacy’, Neil Levy and Mianna Lotz raise objections to my
                                                       conclusions. They disagree with the view, for which I argued, that some
                                                       couples can have defensible reasons for desiring genetically related chil-
                                                       dren. They also offer several new arguments against reproductive cloning,
                                                       including an argument that it would diminish the number of adoptions,
                                                       thereby adversely affecting the welfare of children who need to be adopted.
                                                       In this paper I point out that Levy and Lotz’s criticisms misconstrue my
                                                       arguments and that there are serious problems with their arguments for
                                                       prohibiting infertile couples from using cloning, including their argument
                                                       from adoption.
In several writings, I have defended reproductive cloning                         technology of cloning might make it possible to create
as an option for infertile couples, with qualifications.1 At                      children with no increased risk of anomalies compared to
present there is a compelling reason to prohibit attempts                         procreation by sexual intercourse. I have argued that, if
at human reproductive cloning; namely, there is evidence                          reproductive cloning could be performed with such a
that there is a high probability that the child would have                        relatively low risk of anomalies, it would be ethically
congenital anomalies so severe as to make the procre-                             permissible for infertile couples to use it as a way to have
ation wrongful.2 But in the future, advances in the                               genetically related children and that such use should not
                                                                                  be prohibited.3
1
  C. Strong. Cloning and Infertility. Camb Q Healthc Ethics 1998; 7:                 Neil Levy and Mianna Lotz have raised objections to
279–293. C. Strong. The Ethics of Human Reproductive Cloning.                     my defence of such cloning, and they have offered new
Reprod Biomed Online 2005; 10, Suppl. 1: 45–49. C. Strong. Reproduc-              arguments against it.4 In doing so, they have made a
tive Cloning Combined with Genetic Modification. J Med Ethics 2005;
31: 654–658.
2                                                                                 3
  For a discussion of what counts as wrongful procreation, see C.                  Strong, Cloning and Infertility, op. cit. note 1, pp. 279–293.
                                                                                  4
Strong. Harming by Conceiving: A Review of Misconceptions and a                    N. Levy & M. Lotz. Reproductive Cloning and a (Kind of) Genetic
New Analysis. J Med Philos 2005; 30: 491–516.                                     Fallacy. Bioethics 2005; 19: 232–250.
Address for correspondence: Carson Strong, Ph.D., Professor, Department of Human Values and Ethics, College of Medicine, 956 Court Avenue,
Suite B324, Memphis TN 38163, U.S.A. (phone) 901/448-5686, (FAX) 901/448-1291, (email) cstrong@utmem.edu
© 2008 The Author. Journal compilation © 2008 Blackwell Publishing Ltd., 9600 Garsington Road, Oxford OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA.
                                       Cloning and Adoption: A Reply to Levy and Lotz                                                          131
useful contribution to the ongoing international debate                    support of such desire.8 Rather than simply accept that
over the ethics of human reproductive cloning.5 One main                   view, I suggested that we should consider whether there
thrust of their criticism is to reject the idea, for which I               are defensible reasons that could be given by persons for
argued, that the desire to have genetically related children               having such a desire. Because having children by means
can be defensible. They hold that the view that it can be                  of the common form of procreation involves having
reasonable to desire genetic children is not only ‘errone-                 genetically related children, I suggested that some insight
ous’ but also ‘pernicious’ because it leads to undesirable                 could be gained by asking whether good reasons can be
consequences. One of the bad consequences, they claim,                     given for valuing procreation in the common situation. I
is that the availability of cloning will diminish the number               identified six reasons that persons could give in support
of adoptions and thereby adversely affect the interests of                 of a desire to procreate in the common scenario. This was
children who need to be adopted. To examine their criti-                   not intended as an exhaustive list of reasons, but to show
cisms, it will be helpful to begin with their arguments                    that reasons can be given that merit consideration and
against the view that it can be reasonable to desire geneti-               that are neither trivial, vain, nor confused. These are
cally related children. To provide a context for this                      reasons that, for some people at least, can contribute to
discussion, let me briefly summarize the arguments I had                   the personal meaningfulness of having children. These
given.                                                                     reasons are as follows: having a genetic child in the
                                                                           common scenario involves participation in the creation of
                                                                           a person; it can be an affirmation of a couple’s mutual
CAN THERE BE GOOD REASONS TO                                               love and acceptance of each other; it can contribute to
DESIRE GENETIC OFFSPRING?                                                  sexual intimacy; it provides a type of link to future
                                                                           persons; it involves experiences of pregnancy and child-
In discussing whether it would be ethically permissible for                birth; and it leads to experiences associated with child
infertile couples to use cloning, assuming it could be per-                rearing. I held that some couples might attach some of
formed without an elevated risk of anomalies, I posed the                  these meanings to their procreation, and that these mean-
issue as follows: ‘Which is weightier, infertile couples’                  ings can promote the well-being of some couples by con-
reproductive freedom to use cloning or the arguments                       tributing to self-identity and self-fulfillment. I shall not
against cloning humans?’6 In addressing this question, I                   repeat that discussion here, but the interested reader can
drew upon earlier work in which I had examined the more                    find some elaboration on these matters in the earlier
general question of why we should consider procreative                     work.9 The fact that there are such reasons supports the
freedom to be valuable. I had asked, ‘Is it solely because                 view that freedom to pursue ordinary procreation is valu-
freedom in general is valuable, or is there special signifi-               able not simply because freedom in general is valuable,
cance to the fact that the freedom in question is reproduc-                but also because ordinary procreation has features that
tive?’7 To explore this question, I focused on the type of                 can give it a special significance to procreators.
procreation commonly referred to as ‘having a child of                        In exploring whether the freedom of infertile couples to
one’s own’, sometimes stated simply as ‘having a child’ or                 use cloning as a way to have a child genetically related to
‘having children’. Specifically, I used these expressions to               one of them should be valued, I summarized and cited my
refer to begetting a child by sexual intercourse whom one                  previous discussion of the value of procreative freedom.10
rears or helps rear. This is the common form of procre-                    I then considered the extent to which the six identified
ation in which parents raise children who are genetically                  reasons could be applicable to the cloning context.
their own.                                                                 Among the reasons that deal specifically with there being
   Although a desire for genetic children is widespread,                   a genetic or biological connection, I focused on two:
some have held that no good reason can be given in                         cloning would permit the couple to participate in the
 5
                                                                           creation of a person, and for some infertile couples doing
   Selected examples from this debate include: F. Baylis. Human
                                                                           so might have personal meaning; and for some couples,
Cloning: Three Mistakes and an Alternative. J Med Philos 2002; 27:
319–337; M. Häyry. Philosophical Arguments for and against Human           the genetic and biological connection provided by cloning
Reproductive Cloning. Bioethics 2003; 17: 447–459; D. Birnbacher.          might be regarded as giving their procreation a special
Human Cloning and Human Dignity. Reprod Biomed Online 2005; 10
                                                                            8
(Suppl 1): 50–55; P. Herissone-Kelly. The Cloning Debate in the United        A. Kahn. Clone Mammals . . . Clone Man? Nature 1997; 386: 119;
Kingdom: The Academy Meets the Public. Camb Q Healthc Ethics               M.D. Bayles. 1984. Reproductive Ethics: Englewood Cliffs, NJ:
2005; 14: 268–276.                                                         Prentice-Hall: 3–5, 12–14.
6                                                                           9
   C. Strong, Cloning and Infertility, op. cit. note 1, p. 280.               For a more thorough discussion of these matters, see Strong, op. cit.
7
   C. Strong. 1997. Ethics in Reproductive and Perinatal Medicine: A New   note 7, pp. 11–26.
                                                                           10
Framework. New Haven, CT: Yale University Press: 4.                           Strong, Cloning and Infertility, op. cit. note 1, p. 292, footnote 20.
significance as an affirmation of mutual love and                                  have a biological child are – by dint of bringing about
acceptance.11 Admittedly, there are methods other than                             conception – engaged in the creation of a ‘person’.14
cloning, such as gamete or embryo donation, in which
                                                                              Their statement is incorrect, for there certainly is a
infertile couples can participate in the creation of a
                                                                              sense in which conception, assuming there is normal
person or affirm their mutual love. Cloning is a way to do
                                                                              development, plays a role in the creation of a person.
these things, and the fact that it is a way might contribute
                                                                              Conception – that is, the union of sperm and ovum fol-
to some infertile couples regarding cloning as a desirable
                                                                              lowing sexual intercourse or during in vitro fertilization –
form of procreation.
                                                                              brings into being an individual that, in the normal course
   Thus, the freedom of infertile couples to use cloning
                                                                              of events, will develop into a person. Without the initial
is valuable because freedom in general is valuable and
                                                                              coming into being, the person in question would not
because reproductive cloning has features, similar to
                                                                              exist.
those of the common form of procreation, that – for some
                                                                                 In cloning, the bringing into being takes place through
couples at least – can give it meanings that enrich their
                                                                              somatic cell nuclear transfer. If a couple has a child
lives and promote their well-being. In considering the
                                                                              through cloning, their decision to do so and their taking
main objections to human reproductive cloning, I argued
                                                                              the necessary steps is certainly a participation in the cre-
that in the context of infertility none of them withstands
                                                                              ation of a person. To provide the chromosomes and to
critical examination. I concluded that the freedom of
                                                                              gestate are specific ways of participating. So, it is a
infertile couples to use cloning is weightier than the
                                                                              mistake to think that those who create a child through
arguments against it.12
                                                                              cloning are not participating in the creation of a person.
                                                                                 Perhaps the objection is based on the idea that the
                                                                              conceptus is not yet a person. In a footnote, Levy and
OBJECTIONS TO VALUING A GENETIC
                                                                              Lotz state:
CONNECTION
                                                                                   Of course, it is true that people who engage in procre-
Levy and Lotz object to my argument that cloning could                             ation are causally responsible for the existence of
have a special meaning for some infertile couples because                          beings who – all things going well – will become
it involves participation in the creation of a person. They                        persons. But since personhood develops gradually,
begin their argument by claiming that it is unclear what I                         after birth, this causal role does not have the moral
meant by ‘participation in the creation of a person’. They                         significance Strong imputes to it.15
opine that I might have simply meant ‘conception’ or that
                                                                              In reply, the moral significance that I discussed is that this
I might have been referring to the influence of social
                                                                              causal role in bringing into being individuals who will
parents on a child’s development. In reply, the term ‘con-
                                                                              become persons can have special meaning to some people
ception’ does not seem to be apt, for it is commonly used
                                                                              in ways that promote their well-being. Moreover, the
to refer to the union of sperm and ovum, which does not
                                                                              claim that procreators participate in the creation of a
take place in cloning. Moreover, the question of what I
                                                                              person can accommodate different views concerning
meant by ‘participation in the creation of a person’, in the
                                                                              when in development personhood arises. Specifically, it is
context in question, was addressed in my article. I stated:
                                                                              consistent with the view suggested by Levy and Lotz that
     The person whose chromosomes are used would par-                         personhood arises during some stage of childhood.16 The
     ticipate by providing the genetic material for the new                   reason should be self-evident – the bringing into being of
     person. Regardless of whose chromosomes are used, if                     the individual who will become a person is part of the
     the woman is capable of gestating, she could partici-                    creation of that person. In regard to an individual created
     pate by gestating and giving birth to the child.13                       through cloning, assuming that normal development
                                                                              occurs until personhood is reached, cloning and gestating
Apparently overlooking this statement, Levy and Lotz
                                                                              involve participating in the creation of that person.
argue as follows:
                                                                                 Levy and Lotz then argue as follows:
     If by ‘creation’ Strong simply has in mind ‘conception’,
     then there is no sense in which people who decide to                     14
                                                                                 Levy & Lotz, op. cit. note 4, p. 243.
                                                                              15
                                                                                 Ibid: 244.
11                                                                            16
   Ibid: 281–282.                                                                Levy and Lotz suggest something along these lines when they state,
12
   See Strong, Cloning and Infertility, op. cit. note 1; Strong, The Ethics   ‘Many of the pre-conditions for personhood – such as a sense of a
of Human Reproductive Cloning, op. cit. note 1.                               distinct self and identity, a Theory of Mind, and the like – do not begin
13
   Strong, Cloning and Infertility, op. cit. note 1, p. 281.                  to emerge until the second year of life,’ op. cit. note 4, p. 243.
     If, on the other hand, Strong’s intended emphasis is on                 logical parenting is the expression and affirmation of a
     the parents’ participation in the (gradual) development                 couple’s love for one another’.19 That statement, which
     of a person, then non-biological parents of adopted                     uses ‘is’ instead of a more appropriate phrase such as ‘can
     children engage as surely in the ‘creation of a person’                 be’, is mistaken because it implies that in all cases having
     as do biological parents. . . . Taken in the second                     children has that significance for procreators.
     sense, then, the desire to participate in the creation of                 They then present an objection, based on a switched-
     a person cannot count as a reason specifically and                      baby case involving Ernest and Regina Twigg, to this
     exclusively in favour of biological parenting (by means                 misconstrued version of my argument:
     of cloning or otherwise).17
                                                                                  In 1978, two baby girls were born within hours of each
In reply, Levy and Lotz apparently are unaware that their                         other at a Florida hospital, the children of Robert and
statements echo a point I had made. I stated: ‘. . . rearing                      Barbara Mays and Ernest and Regina Twiggs [sic]. At
contributes to the creating of a person, just as begetting                        the age of nine, the Twiggs’ daughter died of a con-
and gestating do. Those who rear are instrumental in                              genital heart defect. However, blood tests revealed that
shaping the unique person that the child becomes.’18 A                            she wasn’t their biological daughter. The Twiggs’ [sic]
main flaw in this attempted rebuttal by Levy and Lotz is                          realized that the children must have been swapped in
that my argument does not make or depend on the claim                             the hospital, and sued for custody of Kimberly.20
that having genetic children is the only way that one can
                                                                             Levy and Lotz claim that it follows from the argument in
participate in the creation of a person. Rather, I distin-
                                                                             question (the incorrect version of my argument) that the
guished different ways of participating in the creation of
                                                                             Twiggs ‘were making a mistake when they lavished affec-
a person and suggested that those differences can be
                                                                             tion on Arlena Twiggs [sic]’.21 They then point out that
meaningful to some would-be procreators. For example,
                                                                             this conclusion should be rejected, that the couple’s affec-
begetting and gestating involve participating in the cre-
                                                                             tion for Arlena should not be characterized as mistaken.
ation of a person in ways that differ from rearing. Beget-
                                                                             In their words:
ting involves the bringing into being of an individual
who, if all goes well, will become a person. Gestating                            But surely this is implausible. Surely a decade of
involves a special intimate role in the development of that                       raising a child has forged bonds more significant than
individual. These ways of participating in the creation of                        the mere biological, bonds that are more potent in their
a person can be meaningful to some people. Reproduc-                              capacity to affirm the Twiggs’ love for one another
tive cloning could have special meaning for some infertile                        than is the fact of biological relatedness.22
couples in part because it involves bringing into being,
gestating, and rearing an individual who will become a                       In reply, several points should be made. To begin with,
person.                                                                      Levy and Lotz are confusing two things – Ernest and
   In summary, Levy and Lotz seem to be arguing that the                     Regina’s affection for Arlena, and a presumed affirma-
only significant contribution to the creation of a person is                 tion of Ernest and Regina’s love for each other. More-
through rearing, that this contribution is independent of                    over, the conclusion in question (that the Twiggs were
there being a genetic connection, and therefore having a                     making a mistake in giving affection to Arlena) follows
genetic relationship plays no role in regard to participat-                  only if the argument being criticized claims that one
ing in the creation of a person. This argument is mistaken                   should give affection only to one’s biological children,
because begetting, gestating, rearing, and – by hypothesis                   not one’s nonbiological children. My argument, of
– cloning all are ways of participating in the creation of a                 course, does not make that assertion. In fact, I said
person.                                                                      nothing about loving, or not loving, the child. I claimed
   Levy and Lotz also object to my argument that cloning                     that one of the attitudes a couple might have toward
could have a special meaning for some couples who might                      procreation, along with other attitudes, would be to see it
view creating a child in this way as an affirmation of their                 as an affirmation of mutual love and acceptance of each
mutual love and acceptance. The attempted rebuttal,                          other. Levy and Lotz’s argument distorts this into a claim
however, goes off course at the very beginning because                       that the only basis for bestowing affection upon a child is
Levy and Lotz state my argument incorrectly. Specifi-                        having a genetic connection to her. Furthermore, the
cally, they characterize my argument as stating that ‘bio-
                                                                             19
                                                                                  Levy & Lotz, op. cit. note 4, p. 244, emphasis added.
17                                                                           20
   Levy & Lotz, op. cit. note 4, pp. 243–244.                                     Ibid: 244.
18                                                                           21
   Strong, op. cit. note 7, p. 13. This is part of the passages I cited in        Ibid: 244.
                                                                             22
footnote 20 of ‘Cloning and Infertility’.                                         Ibid: 244.
conclusion in question does not even follow from the                          adoption would be removed’.24 They then state that,
distorted version of my argument. From the claim that                         because there would be fewer adoptions, the result would
‘biological parenting is the expression and affirmation                       be ‘an overall diminution in the satisfaction of needs (or
of a couple’s love for one another’, nothing follows                          desires or preferences)’.25 In response, several points can
concerning love toward the child. Finally, their argument                     be made. First, there is a problem that often arises with
implies that if a couple can affirm their mutual love                         arguments that appeal to the long-term overall social
through jointly rearing a child, then they cannot affirm it                   consequences of a proposed public policy. Namely, it is
by a decision jointly to become genetic parents of a child.                   difficult to predict accurately what the long-term conse-
But this is mistaken, for it is possible for a couple to                      quences are going to be, and this problem is exacerbated
regard either or both of these undertakings as an affir-                      when the policy pertains to a technology that probably
mation of their mutual love and acceptance.23                                 will not be available, if ever, until quite some time into
   Thus, although Levy and Lotz have perhaps defeated                         the future, as is the case presumably with reproductive
some arguments that I never presented, they have not                          cloning. Of course, the plight of children who could
provided any valid arguments that would even count                            benefit from being adopted is of great concern. But would
against, much less defeat, the arguments I actually gave.                     forbidding cloning really play an important role in
Therefore, their claim to have shown that there are                           helping such children? The answer would depend on a
no valid arguments supporting the use of reproductive                         number of variables that are difficult to predict: the
cloning by infertile couples is entirely unsupported.                         extent to which infertile couples would want to use
                                                                              cloning; the extent to which, if cloning were prohibited,
                                                                              infertile couples would turn to other forms of assisted
CLONING’S IMPACT ON ADOPTION                                                  reproductive technology (ART) instead of adoption; the
                                                                              extent to which social problems that contribute to chil-
In addition to arguing that the reasons supporting repro-                     dren being given up for adoption are addressed; the
ductive cloning are unsound, Levy and Lotz offer several                      extent to which there are public campaigns to encourage
arguments for the view that such cloning is ‘pernicious’                      adoption; and the extent to which rules for adoption are
because it would be harmful on balance and should not                         made less or more restrictive, among other variables.
be permitted. Of particular interest is their argument                        Given such uncertainties, is there really a basis for claim-
based on the impact of reproductive cloning on adoption.                      ing, as Levy and Lotz seem to do, that cloning would
Virtually every infertile couple who turns to assisted                        have a significant impact on adoption? Isn’t it at least as
reproduction has considered the possibility of adoption,                      plausible to think that, if cloning is forbidden, many
and Levy and Lotz should be commended for making this                         infertile couples would choose gamete or embryo dona-
option explicit in the debate. They assert that ‘[i]f cloning                 tion rather than adoption?
were to become widely available, the primary motive for                          Another problem is that their argument seems to
                                                                              involve a misplaced focus if one wants to come up with
23
  Levy and Lotz present another argument intended to show that a              ways to help children who need to be adopted. There are
genetic connection is not always important, op. cit. note 4, p. 245. This     more direct ways to do this, such as bringing the needs of
argument is based on a hypothetical baby-making machine:                      specific children to the public’s attention, offering more
     The machine allows its operator to construct a viable embryo, which      public resources to help adoptive parents rear difficult-
     is then implanted into a uterus (natural or artificial) and brought to   to-place children such as children with handicaps,
     term. The operator can select the genotype of the embryo, gene for       perhaps offering reduced-cost health care for adopted
     gene. Thus she can build the baby from the ground up. She can even,      children, reducing barriers to lesbian and gay couples
     if she likes, make a genetic copy of herself.
                                                                              who want to adopt, and so on. Such measures could have
The operator of the machine participates in the creation of a person, but     an impact that might be felt long before we ever reach the
according to Levy and Lotz, ‘it is hard to endow her work with great
                                                                              point of being able to clone people without an elevated
spiritual significance’, p. 245. In reply, it seems uncontroversial that
procreators do not always regard a genetic connection as important,           risk of anomalies.
and the example of the hypothetical machine is not needed to see this.           Yet another problem with Levy and Lotz’s argument is
Levy and Lotz’s pointing out that not everyone regards a genetic con-         that it also applies to the various forms of ART. If cloning
nection as important cannot count as a rebuttal of my arguments, for I        should be prohibited in an attempt to help children who
never claimed that a genetic connection is always important. My argu-
                                                                              would benefit from adoption, then to be consistent should
ment is that a genetic connection can have a personal meaning for some
that contributes to their well being. That it is meaningful to some
                                                                              24
provides a reason to value and protect procreative liberty in addition to          Levy & Lotz, op. cit. note 4, p. 247.
                                                                              25
the principle that liberty in general is valuable.                                 Ibid: 247.
not one also advocate the banning of donor insemination,                  ADDITIONAL ARGUMENTS
ovum donation, controlled ovarian stimulation, and in
vitro fertilization? All of these provide alternatives to                 Levy and Lotz also argue that permitting cloning will
adoption. If banning cloning would increase adoptions,                    reinforce a mistaken ‘proprietarian’ attitude – that is, the
would not banning these forms of ART also increase                        view that genetic parents own their children. They state,
adoptions? Thus, Levy and Lotz’s argument seems to have                   ‘we might plausibly think that permitting cloning in a
consequences for procreative freedom that are more pro-                   context in which the genetic is over-valued will give pro-
nounced than one might initially think.                                   prietarian attitudes more “leash” than is desirable’.27 In
   Some might take seriously this expanded version of the                 reply, stating their argument more fully will show its
argument. Perhaps it is worth asking whether it would be                  weakness. Levy and Lotz seem to be claiming that people
reasonable to forbid all ART in order to attempt to                       will draw an inference that goes something like this: ‘Per-
increase the number of adoptions, independently of                        mitting cloning in part because it provides infertile
whether Levy and Lotz put forward such an argument.                       couples a way to have genetically related children sup-
Given the widespread use of ART by infertile couples, the                 ports the idea that genetic parents own their children’.
claim that forbidding ART would increase the number of                    The problem is that the inference in question is errone-
adoptions seems to be more plausible than the claim that                  ous. It is one thing to desire genetic children, and it is
forbidding reproductive cloning would do so. Does the                     something else entirely to believe that one owns one’s
potential benefit to children who need to be adopted                      genetic offspring. Thus, it is a mistake to think that a
outweigh the interference with procreative liberty that                   policy of permitting cloning in part because it is a way to
would be entailed by such restrictive measures? A main                    have genetically related children implies that genetic
objection to forbidding ART for this reason is that                       parents own their children. It is unclear whether Levy and
freedom to procreate by means of ART is worthy of                         Lotz recognized that the reasoning in question is illogical.
protection. The reasons that can make procreation in the                  If they did not recognize this, perhaps that is why they
ordinary scenario meaningful to couples can also be                       held that people would make the inference and that
applicable in the context of ART, as well as reproductive                 cloning would reinforce the proprietarian attitude. But if
cloning, as I have pointed out elsewhere.26 Depending on                  they did recognize it, then presumably they were claiming
the type of ART, for some couples procreation through                     that people would make this erroneous inference, which
ART can be personally meaningful for the following                        would have the effect of reinforcing the proprietarian
reasons: it involves participation in the creation of a                   view. In that case, let us assume for sake of argument that
person; it can be an affirmation of a couple’s mutual love                the claim that people would make the erroneous inference
and acceptance; it can provide a type of valued link to                   is correct. The problem here lies in the view that a ten-
future persons; it can involve experiences of pregnancy                   dency of people to make an erroneous inference that
and childbirth; and it leads to experiences associated with               would support an unjustifiable proprietarian viewpoint
child rearing. Given that these reasons contribute to pro-                counts as a good reason for the restriction on procreative
creative freedom being valuable in the context of ordi-                   freedom in question, particularly when there are impor-
nary procreation, they also contribute to it being valuable               tant reasons, discussed above, for not imposing the
in the context of ART. These considerations support the                   restriction. This type of argument could be given against
conclusion that forbidding ART would be a substantial                     practically any policy pertaining to any subject, for some
and undesirable intrusion upon procreative freedom. We                    people will find ways to infer erroneously that the exist-
should question a proposed policy for promoting adop-                     ence of some policy supports some unjustifiable view they
tions that moves directly to such a substantial invasion of               hold.
procreative liberty. We should look first at alternatives,                   Another problem involves our limited ability to predict
such as those mentioned above, that do not involve inter-                 the consequences of a policy of permitting cloning on
ference with individual freedoms. Therefore, the argu-                    ‘proprietarian attitudes’. What impact the policy in ques-
ment that ART should be forbidden in order to increase                    tion at some time into the future might have on such
the number of adoptions should be rejected. These same                    attitudes would depend on several factors, including how
considerations support rejecting Levy and Lotz’s specific                 widespread the attitude would be at that future time.
argument that reproductive cloning should be forbidden                    Another factor is the extent to which people would draw
in order to increase the number of adoptions.                             the incorrect inference that permitting cloning supports
26
   Strong, op. cit. note 7, pp. 96, 101; Strong, The Ethics of Human
                                                                          27
Reproductive Cloning, op. cit. note 1, pp. 46–47.                              Levy & Lotz, op. cit. note 4, p. 249.
the idea that genetic parents own their children. These        reason for the restriction on procreative freedom in ques-
factors are difficult to predict.                              tion, particularly when there are important reasons for
   Yet another difficulty is that the supposed harms that      not imposing the restriction.
would arise from giving a proprietarian attitude ‘more            And of course there is the difficulty in predicting the
“leash” than is desirable’ have not been stated by Levy        consequences of a future policy of permitting cloning on
and Lotz. They would need to specify the nature of their       beliefs about genetic determinism. Again, the impact of
concern in order to complete their argument. An ‘argu-         the policy would depend on several factors, including
ment’ with crucial parts missing is not much of an             how widespread the attitude in question would be in the
argument.                                                      future and the extent to which people would draw the
   Another argument by Levy and Lotz is that permitting        mistaken inference in support of their unjustifiable view.
cloning will reinforce the mistaken view that genes deter-     Also, it is debatable that belief in genetic determinism is
mine who we are and how we end up in life, and that this       one of the most important factors contributing to the
mistaken view ‘will be used to buttress opposition to, or      failure to use public funds to help the disadvantaged.
at least a reduction in, the use of public funds to improve    Because it is plausible to think that multiple factors are
the life prospects of the disadvantaged’.28 By ‘disadvan-      involved, it is not at all obvious that reducing belief
taged’, Levy and Lotz seem to have in mind primarily the       in genetic determinism will significantly benefit the
poor, but perhaps others as well. In reply, several familiar   disadvantaged.
problems arise. Levy and Lotz seem to be claiming that            In conclusion, Levy and Lotz have failed to show that
people will make an inference that goes something like         there are problems with the arguments I put forward in
this: ‘Permitting cloning in part because it provides infer-   support of the view that, with certain qualifications, use
tile couples a way to have genetically related children        of reproductive cloning by infertile couples would be
supports the idea that genetic makeup, and not environ-        ethically permissible and should be permitted. They join
ment, determines our characteristics.’ Again, the infer-       others who hold that a genetic connection can have no
ence in question is mistaken. To desire genetic children is    importance without giving good reasons for that view.
entirely different from believing that genes determine         Moreover, there are serious problems with each of the
who we are. So, it is erroneous to think that a policy of      direct arguments they give against human reproductive
permitting cloning in part because it is an option for         cloning. So, they also join a large chorus who oppose all
having genetically related children implies that genetics      human reproductive cloning without giving good
determines our characteristics. Again, it is not clear         reasons.
whether Levy and Lotz recognized that the reasoning in
question is fallacious. As before, it is questionable that a   Carson Strong, Ph.D., is a professor in the Department of Human
                                                               Values and Ethics at the College of Medicine, University of Tennessee
propensity of people to make a mistaken inference that
                                                               Health Science Center, in Memphis. He is coauthor of A Casebook of
would support an unjustifiable belief counts as a good         Medical Ethics, published by Oxford University Press, and author of
                                                               Ethics in Reproductive and Perinatal Medicine: A New Framework, from
28
     Ibid: 249.                                                Yale University Press.