Infertility is very traumatic. There are lot of solutions to deal with infertility. What happens AFTER you have found a solution? What is the best interest of the CHILD? Is the trauma of the infertile person GREATER than the best interest of the child? How many VICTIMS need to be created and be abused and violated to satiate the need of one infertile person? There are plenty of articles and information on whether to ADOPT or go for IVF/Surrogacy? This article will NOT focus on the “pre-decision” making process but rather rights of the “IVF child” and why are there differences in law? The best interest of the child remains the same regardless of whether adoption or IVF/Surrogacy, then why are laws NOT reflective of that? They say a child only knows LOVE and the biological link does not matter YET the laws are based on “biological link”. And when issues arise, the only thing one has to fall back on is LAWS. So it is important to discuss ADOPTION Vs. IVF/Surrogacy from a LAW perspective.
The laws for adoption are made with best interest of the child in mind FIRST. The best interest of the adoptive parents is secondary. Is the same true in IVF/Surrogacy?
0a) Adopted children are natural born and the science behind the natural birth of an adopted child is same as other natural born children.
0b) IVF children are born well through IVF. Scientific studies claim that because of the way IVF children are born, the hormones, the fertility treatments, the frozen samples or embryos, psychological state of parents using IVF (it is a very stressful time), etc. places IVF children at a “third higher risk of cancer” or “65% more likely to have leukemia” or “90% more likely to have brain cancer”.
1a) Adoption is well understood and regulated – both domestically and internationally thus providing a consistent, standardized way of dealing with adoption.
1b) IVF/Surrogacy Laws barely exist – from banned in some countries to allowance in others and there is NO international law for IVF/Surrogacy children creating situations where innocent, voiceless children are LEFT in a LEGAL LIMBO.
2a) If a 5 year old is adopted and taken away from his biological family, his biological family has a RIGHT to tell him the facts.
2b) If a 5 year old IVF son is taken away from his biological family, his biological family has NO rights to tell him the truth and are instead muzzled and silenced under threats.
3a) There is a use of subsidiarity principle in adoption where SIBLINGS are allowed to grow up together even though the parents may be non-biological.
3b) In an international IVF, IVF SIBLINGS maybe deliberately separated with NO legal consequences and there is NO regard for best interest of the children.
4a) In adoption, a homestudy by a licensed MSW or MA in Psychology is a MUST before a non-biological parent can adopt a child.
4b) In IVF/Surrogacy, anyone with MONEY can get a IVF/Surrogate child. There is NO requirement for equivalent of homestudy and somehow a “biological parent” already suffering from trauma of infertility is supposed to POSSESS the knowledge of a licensed MS or MA in Psychology. Even a pedophile can somehow take an IVF girl child legally.
5a) Adoptions typically take months to years and because of the heavy vetting process, a great deal is known about the future parent including any errant behavioral or psychological problems.
5b) In IVF/Surrogacy, MONEY talks. Once you have the money, get donors and surrogate lined up and place your order for a “baby” with NO vetting process. Heck, you could even place an “order for an IVF baby” and then later change your mind and ABANDON the IVF baby with NO legal consequences. What are the rights of the IVF child? What are the rights of the surrogate? What are the rights of the left-behind parent?
6a) Adoptions are highly and tightly regulated. In an international adoption, proper legal documents and paperwork needs to be followed including birth certificate and the corresponding passport and visas.
6b) IVF/Surrogacy has NO regulations and fraud documents can be secured with relative ease. After all, IVF is marketed as a “good thing” for the infertile parent and NOT as a “good thing” for the child. The paying customer for IVF industry is the “parent” and NOT the IVF child. Does the IVF child have a RIGHT to proper legal documents and proper LEGAL STATUS or are they also VICTIMS to their infertile parent’s whims?
In our changing world, it would be NO longer correct to say that infertility is an issue only for women. How would we resolve gays having children? Even in heterosexual couples, there are cases where men are more caring than women due to various reasons. Are we as a society ready to accept the CHANGE? Then again, IVF/Surrogacy is all about CHANGE and is a 21st century issue, isn’t it?