Who and What Is a Mother? Maternity, Responsibility, and Liberty

This article discusses the tension between a woman's right to give birth anonymously and a child's right to know his or her origins. The French institution of accouchement sous X grants women the choice to give birth anonymously and not become legal mothers. The author considers how this conflicts with international law. The author analyzes three arguments in support of anonymous birth: it forestalls incidents of abortion, infanticide, and child abandonment; protects womens birthing as a right; and subordinates biology to social and emotional links. England does not give women a choice to forfeit their maternal rights but rather imports motherhood from birth. The author discusses how the English legal system fails to protect one's right to know his or her origins. The author concludes that neither the French nor the English systems are appropriate since each implies a hierarchy of rights. A reconceptualization of identity as child-centered is required.