University of Birmingham, Birmingham B152TT, USA.
Bioethics. 2013 Jul;27(6):309-16. doi: 10.1111/bioe.12028. Epub 2013 May 30.
In this article, it is argued that grandparents' obligations originate from parental obligations (i.e from the relationship they have with their children, the parents of their grandchildren) and not from the role of grandparent per se, and any entitlements flow from the extent to which these obligations are met. The position defended is, therefore, that grandparents qua grandparents are not entitled to form or continue relationships with their grandchildren. A continuation of grandparent-grandchildren relationships may be in the interests of children, but the grandparental nature of the relationship is not decisive. What counts is the extent to which relationships children have with any adults who are not their parents are is significant to them. Sometimes, however, grandparents become parents or co-parents of their grandchildren. They then gain parental rights, and as such are as entitled, ceteris parius, as any parent to expect their relationship with the child to continue. The issue of grandparents' entitlements can come to the fore when parents separate, and grandparents are unhappy with the access they have to their grandchildren. Grandparents' obligations may become a particular issue when parents die, struggle, or fail to care for their children. This article focuses particularly on these kinds of circumstances.
本文认为,祖辈的义务源自父母的义务(即他们与子女,即孙辈的父母之间的关系),而不是源自祖辈的角色本身,任何权利都源于这些义务的履行程度。因此,从祖辈本身的角度来看,他们无权与孙辈建立或继续关系。祖辈与孙辈关系的延续可能符合孩子的利益,但这种关系的祖辈性质并不具有决定性。重要的是,孩子与任何非父母的成年人的关系对他们的意义。然而,有时祖辈会成为孙辈的父母或共同父母。他们随后获得了父母的权利,因此在其他条件相同的情况下,他们与孩子的关系应该像任何父母一样继续下去。当父母分居,而祖辈对他们与孙辈的接触感到不满时,祖辈的权利问题就会凸显出来。当父母去世、挣扎或未能照顾孩子时,祖辈的义务可能成为一个特别的问题。本文特别关注这些情况。