Bloodlines and Belonging: Time to Abandon Ius Sanguinis?
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woman from the UK gave birth to ‘her’ daughter’s child.14 These practices
raise obvious questions as to whom these children belong to and they may
as well trigger issues of citizenship. Lastly, progress has been made on the
creation or ‘artificial’ gametes through the modification of other types of
human cells. Apart from opening possibilities for bypassing the heterosexual model of procreation,15 these techniques raise concerns about abuse or
reproductive ‘crime’. Imagine a world in which it would be possible to create a child from a tissue sample collected from somebody’s cup of coffee.
Those famous actors and footballers would probably think twice before
shaking their fans’ hands.
Unnecessary
One could argue that the main problems do not lie with ius sanguinis citizenship but with the determination of legal parentage. Once we solve issues
related to legal parentage, then the ius sanguinis principle will effectively
address citizenship matters. However, this view ignores that dilemmas
regarding the attribution of parentage are often triggered or complicated by
citizenship (and migration) issues. It can also be argued that relying solely
on legal parentage to settle citizenship issues disregards fundamental normative questions about who should be a citizen in a political community.
Despite much liberal-democratic talk about social contract, democratic
inclusion and active citizenship, the overwhelming majority of people in the
world acquire citizenship by virtue of contingent facts about birth (descent
or place of birth). While ius soli citizenship has received considerable political and academic attention recently due to pressing concerns about the
inclusion of children of immigrants, ius sanguinis continues to be taken for
granted. In the remainder of this essay, I briefly challenge two main theoretical defences of ius sanguinis: (a) that ius sanguinis citizenship recognises
and cements the special relationship between the parent and child; (b) that
ius sanguinis citizenship ensures the intergenerational stability of the political community.
The main problem of ius sanguinis citizenship is that it is parasitic on
external factors concerning the legal determination of parentage. As one of
the examples presented above shows, it may only take a choice between a
14
15
Smajdor, A. (2015), ‘Can I be my grandchild’s mother?’, BioNews, 9 March
2015, available at http://www.bionews.org.uk/page_504476.asp.
Shanks, P. (2015), ‘Babies from Two Bio-Dads.’ Biopolitical Times, 3 April
2015, Center for Genetics and Society, available at http://www.biopoliticaltimes.org/article.php?id=8418.
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