In a recent story about an innocent man, Mr. Glenn Ford, being exonerated brings both joy and frustration. The frustration is multiple fold that an innocent human was continually victimized. The joy is two fold – an innocent victim finally gets the freedom he deserves and second the silver lining that the US court has the strength and courage to admit its mistake and give credibility to an honest justice system based on facts. Mr. Jonathan Fleming also was exonerated for a wrongful conviction after 25 lost years.
“Glenn Ford is living proof of just how flawed our justice system truly is. We are moved that Mr. Ford, an African-American man convicted by an all-white jury, will be able to leave death row a survivor.”
“Vedant was split from his primary care provider, his father AND his sister he wanted because the comradrie involved were clueless about intersex, immigrant, IVF issues and laws. Maulik, a non-white and the father has survived abuse and torture but will Vedant and Medhavi get an opportunity to grow up together as intended or will they be punished for their IVF father’s gender?” If the same two children had been born to an IVF mother, would they have been split, then why the discrimination against the innocent IVF children?
What are the similarities of injustice and lack of due process?
1) While Mr. Ford spent over 30 years in prison for crimes he did not commit, there is no way an immigrant, IVF father can compare their situation other than respect for Mr. Ford. Mr. Ford was on death row while Maulik’s life is saved due to the love and support of family when placed into the most heinous situation.
2) The first comment Mr. Ford made after being freed is “he missed out on his son’s growing up“. Same here…we are missing out on Vedant growing up AND above all, we are missing Vedant on missing out growing up with Medhavi – a sibling he wanted – we are just the messengers.
3) DNA evidence exonerated Mr. Ford, DNA evidence would also exonerate Vedant and Maulik. US laws require a DNA test for children born outside US, why were these rules not followed and now that it has been brought to the attention of the appropriate authorities, why is their refusal/denial to conduct the DNA tests as required by US laws? A simple test would offer a chance to not one but TWO innocent childhoods to grow up together as intended.
4) The lawyers for Mr. Ford argued that “his trial was compromised by the unconstitutional suppression of evidence and by inexperienced counsel“. Ditto, same here. The difference is we NEVER got “due process” or a trial in court and implicitly neither did the innocent children get “due process”. All we received was intimidation like the false criminal charges of child abuse and contempt of court. Everything was done underhandedly either deliberately or being inexperienced in dealing with the complexity of an intersex, IVF, immigrant, international case in a Texas court. Regardless, has justice been served to Vedant and Medhavi – the real innocent victims wrongfully convicted to grow up separately? or do we have to wait 30 more years? No shots were fired but two innocent childhoods have been murdered because an infertile person who happens to lie and break laws must have a child. Maulik was the primary care provider for Vedant because the spouse was under medical treatment (something that the UN Special Rapporteur on Torture has since called for a STOP), have Vedant’s feelings due to this close bond with his primary care provider (Maulik) been upheld or has the truth been shoved under the carpet? If “due process” was allowed, all the facts would have been submitted to the court. Without “due process”, there is no fair justice – it is single-sided much like it was for Mr. Ford and previously for the “Scottsboro boys”. The difference is the biggest innocent victims here are voiceless children.
5) The silver lining for here is the fact that a US court has the courage to accept its mistake and make it “right” even if after 30 years instead of shoving the truth under the carpet and create more innocent victims.
6) The issues we are dealing with are too new for 2000s. In the future when equal intersex rights exist, equal IVF children and family rights exist, equal immigration rights exist, abandoning children like Medhavi will still remain a crime regardless of “jurisdictions”. For its a crime against the humanity of the innocent IVF child. If innocent children in Thailand or Afghanistan can get justice from a US court for actions committed by US persons without the children ever setting foot on US soil, I am sure Medhavi deserves justice too. It may not be the Texas court we are in or maybe it is but will continue to find that court where Medhavi gets justice because she and other IVF children like her do not deserve this abusive and heinous treatment.
7) The crux of the case is abandoning a child and splitting siblings. If the two children were growing up together, would we have spoken up? If Medhavi were not abandoned and had the divorce been filed AFTER getting Medhavi to the US, could one have got custody of Vedant given the legality of marriage in question both in India and US, no biological link to children, and Maulik would have been a US Citizen by then while the spouse would still be a green card holder obtained via marriage whose validity itself is in question. Would she have been thrown out of the US for immigration fraud? No one will ever know, however, we do have a living breathing human life in Medhavi who deserves basic human dignity and respect and NOT to be used as a tool to secure her brother. Medhavi deserves justice and until her perpetrators and co-conspirators are roaming freely, it is not safe for us. Medhavi has been used as leverage by an infertile person who happens to lie and her co-conspirators. We are simply picking up the pieces and trying to survive. What possible calamity had come upon the spouse to not come to India when Medhavi was born? Or was it pre-planned?
8) In another case, a US Citizen IVF mother is NOT residing in the US with her now US Citizen IVF children (after waiting for 4.5 years). Again giving a ray of hope. So it is possible to live freely – the court needs to understand the facts first. If Maulik were a woman and was an IVF mother, would the IVF children – Vedant and Medhavi have been split? You may not want to accept it but this is a clear case of gender discrimination which is actually punishing innocent children. Gay fathers, single fathers, intersex fathers, IVF parents (mothers and fathers), we stand united.
9) The real issue is not whether Vedant is a US Citizen or not. The real issue is it has been 1635 days and counting since the siblings were deliberately and pre-meditatively SPLIT. As an immigrant, IVF father in 2000s, we are doing something about it and upholding Vedant’s wishes and rights. What has the other party done about uniting the brother and sister – if not for her sake then for sake of Vedant whom she claims to love dearly? What has the US government done in upholding Vedant’s rights if they claim he is a US Citizen? The US government does have a “humanitarian parole” at its disposal to make “exceptions”, why has the US Government not exercised humanitarian parole in the case of Medhavi? I cannot think of a better case to utilize the humanitarian issue. The Texas Court is part of the “US Government”. There is a shared responsibility here and we have to put the children’s best interest first…have other parties done that?
10) Maybe as IVF parents and children it is about time to question the system in a civilized, dignified and humble way? We need an option that preserves our basic human dignity and respect instead of further victimizing us. Suppose that one has been drinking the Kool-Aid too long, we know we did. The US is the “go-to” country when it comes to upholding human rights but in our rarest of the rare cases, it falls short. It is the ability of the US to accept the truth and move forward with leadership while setting an example for others, this is the slice where we lay hope for innocent IVF children and families. An IVF father has to be more patient than an IVF mother, a fellow IVF mother was patient for 4.5 years, Maulik has been patient for 4.6 years and counting, lets see how many more? They certainly cannot hold Vedant captive beyond his 18 years of age and truth will be known – perhaps there may even be new and equal laws by then which would prevent such heinous situations from occurring proving that we are on the right path and on the right side of history. Maulik always has been about upholding human rights – first with an intersex spouse and lack of rights both in India and the US and now IVF children and families.
All we ask is justice for innocent, voiceless IVF children. It may hurt the ego but it is about doing the right thing for the innocent children, it is not about us adults.