In the recent spate of events in the international IVF industry, there has been a hue and cry about the plight of innocent IVF children who are abandoned. There is the “baby Gammy” case in Thailand and now the “baby twin” case in India. Previously, there was the “baby X” case in India of Canadian couple with a DNA mismatch and the German case in India with stateless IVF children and the “baby Manji” case in India of a Japanese father with an IVF child born during a divorce. Regardless of laws or no laws, there is a natural law of justice especially when it comes to innocent and voiceless people and furthermore when the innocent and voiceless happen to be children, it is incumbent upon each one of us as a human being to ensure their rights. What are the rights of an IVF child? What is the legal identity of an IVF child? Whether the child is abandoned OR it is a case of DNA mismatch or a case of lack of laws for IVF fathers which are barbarically imposed on the innocent IVF child. Yes it is barbaric from the perspective of the innocent IVF child and the IVF father. Is it a crime to want to have a child through IVF AND help a fellow human being who is infertile? There are IVF fathers who are gay or single, what happens when an IVF father is helping out an infertile spouse with joint consent but the non-genetic spouse decides to abandon the IVF child?
Due to lack of laws and a heavy bias AGAINST IVF fathers and their IVF children, innocent IVF children when born during a divorce are rendered in legal limbo and stateless. What rights do they have? Are they human beings who deserve basic human dignity and respect or are they “commodities” to be horse-traded? There are several wrongs in this world starting with infertility but to pre-meditatively and deliberately abandon an IVF child and render them stateless, what kind of an act is that? What justice does the IVF child deserve? What are the rights of the abandoned IVF child? If we as a humanity can have international laws for child adoption and child abduction, why can’t we have international laws for IVF/surrogacy children in their best interest? Or are we so ruthless as a humanity to bring innocent lives into this world with NO rights? Have we stooped so low as a humanity that 7 billion+ lives on this planet is short so let us procreate through IVF and render the innocent, voiceless in legal limbo and never let them ask for their rights? Everyone knows it is easy to steal candy from a baby – but what have you proven or achieved? Abandoning an IVF child born internationally (and therefore legal jurisdictions are lacking) is easy in 2000s but what are the rights of the child – a human being?
An IVF child is special because they are born with help of donors and/or surrogates and help of IVF doctors meaning more than two human beings are involved like in a natural birth. When someone abandons an IVF child, they are ALSO slapping the compassion of other human beings who are helping a fellow infertile or dysfertile human being.
As an IVF father living in the US, when the “secret” IVF pregnancy was abandoned and an innocent IVF child was born during a divorce in secrecy, there was a choice – to abandon the child ALSO like the other partner OR save the child come what may. As compassionate human beings, we react and “just do the right thing” without having time to explain to others because at that time the lowest common denominator is the innocent, voiceless IVF child. Time for explanation will come later but abandoning an innocent child comes NOW. It can take several years to get basic things for an abandoned IVF child like a legal identity. Recognition as a human being who deserves basic human dignity and respect, recognition as a human being who has equal rights, recognition as a human being to be allowed to grow up with their siblings can come LATER, for now, it is about SAVING the abandoned child.
When innocent IVF children are abandoned willfully, it is an act of IVF terrorism. It is a new crime of the 21st century. Just like innocent infants left at dumpsters or kicking dogs and other pets is a cruelty to the victim, why is abandoning an IVF child willfully NOT a crime? Have the laws caught up with technology? More importantly, do the laws have an answer for the IVF terrorists and the tools to bring them to justice and ensure the rights of innocent IVF children? Is it too much to ask to PROTECT the rights of innocent, voiceless IVF children?