What a mess. White babies born to a white-black married couple that was supposed to have used the husband's sperm. The parents sue for emotional distress: yes, evidently. They have now separated under the stress; a divorce is probably on the horizon if the wife decides to keep these third party babies.
Similarly, IVF clinic boo-boos apparently happen quite often, and one nonprofit has decided to start keeping tabs. I smell lots of lawsuits in the air. The product ordered was not delivered; sub-par baby is an "emotional distress.
"The child...shall have the right from birth...as far as possible...to know and be cared for by his or her parents." (Article 7, UN Convention on the Rights of the Child)
September 04, 2007
August 29, 2007
The fatal attraction of IVF
An Irish woman has died from IVF treatment. Not the first, and surely not the last. Attention egg donors - you aren't just giving your child away. You are potentially dying to give your child away.
August 28, 2007
Genetic links are only important for the parents, right?
In her article on transgenerational reproduction, the commentator, Ana Smajdor, points out something very interesting, ironic and important.
She discusses the recent case of the Montreal woman Melanie Boivin, who has frozen some of her eggs so that her 7-year-old infertile daughter Flavie would be able to use them someday. Smajdor points out that this kind of egg donation shows that the mother believes that the genetic link is important in having children. If Melanie Boivin had not thought that it was important to be genetically related to the child, then she wouldn't have frozen her eggs for her daughter to eventually use: "Because of course Flavie, like any other infertile person, could seek to use donated eggs if on reaching adulthood, she found herself longing to start a family."
The irony is that while Boivin believes that it's important for the child to be genetically related to the parent, the reality is that by using her mother's eggs, Flavie will be giving birth not to her own genetic daughter but to her half-sibling: in effect, Melanie Boivin will have a child with Flavie's future husband.
What a screwed up scenario. However, it's not as new as you may think. This has already happened! In her book Everything Conceivable, Liza Mundy mentions a case where the father of an infertile man donated his sperm for the son to use. The son has thus had a baby which is, in reality, his half-sibling.
She discusses the recent case of the Montreal woman Melanie Boivin, who has frozen some of her eggs so that her 7-year-old infertile daughter Flavie would be able to use them someday. Smajdor points out that this kind of egg donation shows that the mother believes that the genetic link is important in having children. If Melanie Boivin had not thought that it was important to be genetically related to the child, then she wouldn't have frozen her eggs for her daughter to eventually use: "Because of course Flavie, like any other infertile person, could seek to use donated eggs if on reaching adulthood, she found herself longing to start a family."
The irony is that while Boivin believes that it's important for the child to be genetically related to the parent, the reality is that by using her mother's eggs, Flavie will be giving birth not to her own genetic daughter but to her half-sibling: in effect, Melanie Boivin will have a child with Flavie's future husband.
What a screwed up scenario. However, it's not as new as you may think. This has already happened! In her book Everything Conceivable, Liza Mundy mentions a case where the father of an infertile man donated his sperm for the son to use. The son has thus had a baby which is, in reality, his half-sibling.
August 24, 2007
More on birth certificates in the UK
Natasha Pearlman, "I feel so betrayed because I don't know who my father is" (Daily Mail, August 2, 2007) - An excellent article about Tom Ellis and how he has reacted to finding out about his real origin. And to think that there is opposition in Britain to placing the "donor-conceived" stamp on children's birth certificates:
"Bizarre", responded outspoken MP Evan Harris. "There is no proper evidence that children or adults suffer from not knowing who their 'real fathers' are, whether from IVF or from infidelity," he said. He was backed up by the chief ethicist for the British Medical Association, Dr Vivienne Nathanson. The committee's view of parenthood is decades out of date, she wrote. Parents ought to be honest with their children, but they should be coaxed into doing so, not forced. Placing "donor conceived" on birth certificates is "a highly genetic-determinist view of life".
No proper evidence, really? Does Tom Ellis and others like him need to scream harder? Something tells me that no hearing aid could ever help these people: they just don't WANT to get it.
Indeed, Vivienne Nathanson's whole argument (read it here) is disturbing. She argues not only that there is no evidence that children are harmed, and that the whole arugment of harm is "illusory" but that the real harm here is to the parents, who would be forced to tell - and so their parenting is being undermined. No longer can parents choose the timing of telling their child - now they must tell whenever their child sees their birth certificate (if not sooner).
And then, of course, the terrible threat - if UK legislation mandates disclosure, then parents will go abroad and have their children elsewhere! Our country will be populated by aliens! To which I say, too bad, too bad.
And too bad for the parents who can no longer choose to lie forever. Nathanson's argument about timing would have more force if it didn't run smack against the statistic that up to 90% of parents choose NEVER to tell their children that they are donor-conceived. It's not about WHEN here, it's about telling AT ALL. That's really the right that Parliament wants to protect. Children have a right to know, and their parents often have too many "good" reasons never to tell them.
Nathanson is right that the parents' freedom of parenting is being clipped here. But where adult freedoms run up against the rights of children, Western law has long stood solidly on the side of the weaker party - the best interests of the children take precedence, thank you very much. Parents have a few years to figure out how and when to tell, while the child doesn't even yet know what a birth certificate is, can't read it or hasn't asked to see it. You'd think that would be enough time for the parents to get their act together. By the time a child knows what a birth certificate is, you'd think the child would also have the right to know who its biological parents are.
"Bizarre", responded outspoken MP Evan Harris. "There is no proper evidence that children or adults suffer from not knowing who their 'real fathers' are, whether from IVF or from infidelity," he said. He was backed up by the chief ethicist for the British Medical Association, Dr Vivienne Nathanson. The committee's view of parenthood is decades out of date, she wrote. Parents ought to be honest with their children, but they should be coaxed into doing so, not forced. Placing "donor conceived" on birth certificates is "a highly genetic-determinist view of life".
No proper evidence, really? Does Tom Ellis and others like him need to scream harder? Something tells me that no hearing aid could ever help these people: they just don't WANT to get it.
Indeed, Vivienne Nathanson's whole argument (read it here) is disturbing. She argues not only that there is no evidence that children are harmed, and that the whole arugment of harm is "illusory" but that the real harm here is to the parents, who would be forced to tell - and so their parenting is being undermined. No longer can parents choose the timing of telling their child - now they must tell whenever their child sees their birth certificate (if not sooner).
And then, of course, the terrible threat - if UK legislation mandates disclosure, then parents will go abroad and have their children elsewhere! Our country will be populated by aliens! To which I say, too bad, too bad.
And too bad for the parents who can no longer choose to lie forever. Nathanson's argument about timing would have more force if it didn't run smack against the statistic that up to 90% of parents choose NEVER to tell their children that they are donor-conceived. It's not about WHEN here, it's about telling AT ALL. That's really the right that Parliament wants to protect. Children have a right to know, and their parents often have too many "good" reasons never to tell them.
Nathanson is right that the parents' freedom of parenting is being clipped here. But where adult freedoms run up against the rights of children, Western law has long stood solidly on the side of the weaker party - the best interests of the children take precedence, thank you very much. Parents have a few years to figure out how and when to tell, while the child doesn't even yet know what a birth certificate is, can't read it or hasn't asked to see it. You'd think that would be enough time for the parents to get their act together. By the time a child knows what a birth certificate is, you'd think the child would also have the right to know who its biological parents are.
UK - committee suggests that birth certificates record donor conception
This is real progress. In the UK, a parliamentary committee has recommended that birth certificates let children know that they were donor conceived. That's wonderful news, especially since about 90% of donor-conceived children still don't even know it. Their so-called parents, who are really adoptive parents, biological strangers who ordered and bought these children from their real parents - don't even have to tell the resulting children of their true origins. As if it didn't matter. As if it shouldn't matter.
Some people have criticized this recommendation as "state intrusion on the sensitive and personal parental choice as to if an when to tell their child". Oooooh, so sorry. I forgot that it's always all about the parents. Naturally, the children have NO rights in this regard! They don't have the right to know who their parents are or where they come from! For all they care and for all it matters, they might have come from Crypton like Superman, and they shouldn't ask any questions. They can go on believing that they have Irish blood from their social father, who is actually not related to them. They can go on thinking that they face the risk of inheritable breast cancer from their mother's side, although she is in reality not related to them. It's all in their best interest, and love is all that matters.
Some people have criticized this recommendation as "state intrusion on the sensitive and personal parental choice as to if an when to tell their child". Oooooh, so sorry. I forgot that it's always all about the parents. Naturally, the children have NO rights in this regard! They don't have the right to know who their parents are or where they come from! For all they care and for all it matters, they might have come from Crypton like Superman, and they shouldn't ask any questions. They can go on believing that they have Irish blood from their social father, who is actually not related to them. They can go on thinking that they face the risk of inheritable breast cancer from their mother's side, although she is in reality not related to them. It's all in their best interest, and love is all that matters.
August 20, 2007
The baby is so wanted that it must be really mine
By chance I noticed that this blog recently had the honor of being discussed on another blog. The blog "Right v. Easy," which is written by a woman who is raising the biological son of her cousin (conceived via her cousin's egg donation), discusses on her website how this blog has been on her mind for quite some time.
To which I say, that's great. The intent of this blog is to get people thinking about a perspective that they may not have encountered much. The rights of children in assisted reproduction continue to be far too marginalized in the field of reproductive technologies. The entire industry is focused on the desires of the customers (the intended parents) rather than on the rights or needs of the merchandise (the children, who are often not yet conceived when the transactions take place).
Anna from "Right v. Easy" is of course disturbed by the things she has read here. The typical arguments again rear their head:
1. The accusation of hate - this website is full of "vitriol".
In other words, I exhibit animus against people who use these technologies. How can I prove that I don't "hate" just because I disagree? Anyone is free to come to whatever conclusion they want about what I think. All I can say is, I of course have great sympathy for those who deal with infertility, or with whatever compels them to consider assisted reproduction. These are never easy situations. Most commonly they are extremely difficult life choices that involve deep emotions of grief and loss, among others. For many people, reproductive technologies offer the only hope of ever having a biological child - that's a huge thing to give up.
As much compassion as I feel for those who suffer with these difficult life choices however, I still can't blindly condone any and all actions they hereby decide to take in order to assuage their own grief and to heal their wounds. Pain doesn't make all things right. Just because you hurt, it doesn't give you the free pass to trample over other people to heal yourself. Some things are wrong and they stay wrong, regardless of why they are done or who does them.
Just because I can't have children, that doesn't give me the right to other people's children. I can't just go to my neighbour, who has 7 kids, and take one of hers. And what if she were to offer me one of her kids just because I don't have one? Should I take it? No, I can't do that. The kid, standing there staring at me with it's big blue eyes, has a right to its own mother, and she can't just pack up the kid's little suitcase and ship it off next door because she feels bad for me, the neighbour who has no kids. The fact is, even the mother doesn't have the right to give her kids to other people like that - because they are people too, not things, so they have rights of their own.
And yet, that's exactly what is happening today. Kind people who feel compassionate for the childless are trying to make them feel better by giving them their own children - before they are even born. The child still stares up at me with its big blue eyes, but this time, it has no chance to have its real mom, because she was out of the picture before it was ever born.
2. The "Most Wanted and Loved Child" argument
The gold standard of the fertility industry. Everything is okay because it was done "in the name of love". It's okay to make a biological orphan, as long as the baby is loved and wanted so, so, so, so, very much. Love and desire make up for AAAaaaaall the wrongs of the world.
If only this were so. But the donor-conceived children themselves (those ungrateful little grubs) say something different. Lots of them are saying that being loved and wanted was not enough. Having lots of fluffy toys and cake and things and things was not enough! These kids are aching to be loved and wanted by their biological parents, not by random, unrelated infertile people!
Having doubts about that? Look at adoptees. How many adoptees were loved and wanted? Probably just as many as donor-conceived children. Their infertile parents went through YEARS of adoption hassles and red tape to get these adoptive kids. Yes, they were wanted! Yes, they had their little scrapbooks and love and love and mountains of things! Their parents gave them everything, EVERYTHING. And yet, these kids still shut themselves in their large rooms, go on their brand new laptops and click on Facebook and send out plaintive little messages searching for their real biological parents. Why do they do it? Because biology matters, whether you believe it or not. Because being loved by random, unrelated strangers is NOT the same as being loved by people whose faces resemble yours, who have your genes and you have theirs, who understand you and who connect with you on a deep, instinctive, primeval level that we can't express in words.
No, love from just anyone is not all that matters. No, being wanted by just anyone is not all that matters. Other things matter too: like seeing your own face in your mother's face. Like knowing that you have your artistic talent from your father, and that you can develop it into something great because he did. Like being proud of your heritage and identifying with the heros in your family's past and present. Like having a feeling of belonging when you play with your own brothers and sisters, whose likenesses and differences reassure you that you are normal and yet unique.
Anyway, love and desire are feelings that are famously here today and gone tomorrow. How many people have fallen out of love? How many people have changed their mind about something that they really, really wanted at one time? Love and desire are not the most stable basis for a timeless relationship. The only sure thing is biology, which cannot be altered. Biology begets love in a way that desire itself cannot. Biology begets unconditional love that is based on immutable relationship - parents love their children, who contain parts of themselves - forever, no questions asked. It's instinctive, it's primeval, it's animalistic - but it's real, and it works, and it has worked for millennia. Whereas the love of strangers is never fully unconditional, because it is based on choice - and choice is based on desire, on a feeling that can go away. There is no underlying bedrock of immutability - indeed, even legal relationships can be changed.
3. The specific case of illness avoidance
Anna did not use egg donation due to infertility. She did it to save her future child from a terrible illness, and she paid a terrible cost for it - she gave up her own fertility, and chose not to have her own biological child. Her motivation was noble, and I sympathize with her difficult choices. She did indeed give up much, in order to spare her future child an awful existence.
And yet, I still believe that her actions went too far. She was free to choose not to have children. However, her concern for having a healthy child, and her decision to give up her own children, still did not entitle her to other people's children.
As the situation stands now, Anna paid a great price for her decision not to have an unhealthy child: she had no biological child of her own. However, she also made someone else share the cost of her decision. Her son has also paid a price: because he was chosen to be the healthy child, he has had to give up his own biological mother. So (biologically speaking) while Anna is childless, he is motherless.
Only time will tell what Anna's son thinks of this arrangement. It cannot be assumed, although he is wanted and loved by Anna, that he will be A-OK with being given up by his biological mother - and it is his right, as Anna will surely admit, to think whatever he wants, to seek out his biological mother in the future, and even to call her "mom" if he so chooses. This kind of right to his biological parents is a natural right, and no one can take this right away from him, only violate it (until he becomes an adult and can reclaim it for himself).
Do you think that donor-conceived children don't do these things? I invite you to read the latest post from the website of Umbillicly Challenged, who at 20 years old finally packed her suitcases and took off to meet her real, biological mother for the first time. She left her protesting "social" parents behind, even as they left umpteen messages on her cell phone. Her description of what she experienced when she met her real mother is worth the read.
To which I say, that's great. The intent of this blog is to get people thinking about a perspective that they may not have encountered much. The rights of children in assisted reproduction continue to be far too marginalized in the field of reproductive technologies. The entire industry is focused on the desires of the customers (the intended parents) rather than on the rights or needs of the merchandise (the children, who are often not yet conceived when the transactions take place).
Anna from "Right v. Easy" is of course disturbed by the things she has read here. The typical arguments again rear their head:
1. The accusation of hate - this website is full of "vitriol".
In other words, I exhibit animus against people who use these technologies. How can I prove that I don't "hate" just because I disagree? Anyone is free to come to whatever conclusion they want about what I think. All I can say is, I of course have great sympathy for those who deal with infertility, or with whatever compels them to consider assisted reproduction. These are never easy situations. Most commonly they are extremely difficult life choices that involve deep emotions of grief and loss, among others. For many people, reproductive technologies offer the only hope of ever having a biological child - that's a huge thing to give up.
As much compassion as I feel for those who suffer with these difficult life choices however, I still can't blindly condone any and all actions they hereby decide to take in order to assuage their own grief and to heal their wounds. Pain doesn't make all things right. Just because you hurt, it doesn't give you the free pass to trample over other people to heal yourself. Some things are wrong and they stay wrong, regardless of why they are done or who does them.
Just because I can't have children, that doesn't give me the right to other people's children. I can't just go to my neighbour, who has 7 kids, and take one of hers. And what if she were to offer me one of her kids just because I don't have one? Should I take it? No, I can't do that. The kid, standing there staring at me with it's big blue eyes, has a right to its own mother, and she can't just pack up the kid's little suitcase and ship it off next door because she feels bad for me, the neighbour who has no kids. The fact is, even the mother doesn't have the right to give her kids to other people like that - because they are people too, not things, so they have rights of their own.
And yet, that's exactly what is happening today. Kind people who feel compassionate for the childless are trying to make them feel better by giving them their own children - before they are even born. The child still stares up at me with its big blue eyes, but this time, it has no chance to have its real mom, because she was out of the picture before it was ever born.
2. The "Most Wanted and Loved Child" argument
The gold standard of the fertility industry. Everything is okay because it was done "in the name of love". It's okay to make a biological orphan, as long as the baby is loved and wanted so, so, so, so, very much. Love and desire make up for AAAaaaaall the wrongs of the world.
If only this were so. But the donor-conceived children themselves (those ungrateful little grubs) say something different. Lots of them are saying that being loved and wanted was not enough. Having lots of fluffy toys and cake and things and things was not enough! These kids are aching to be loved and wanted by their biological parents, not by random, unrelated infertile people!
Having doubts about that? Look at adoptees. How many adoptees were loved and wanted? Probably just as many as donor-conceived children. Their infertile parents went through YEARS of adoption hassles and red tape to get these adoptive kids. Yes, they were wanted! Yes, they had their little scrapbooks and love and love and mountains of things! Their parents gave them everything, EVERYTHING. And yet, these kids still shut themselves in their large rooms, go on their brand new laptops and click on Facebook and send out plaintive little messages searching for their real biological parents. Why do they do it? Because biology matters, whether you believe it or not. Because being loved by random, unrelated strangers is NOT the same as being loved by people whose faces resemble yours, who have your genes and you have theirs, who understand you and who connect with you on a deep, instinctive, primeval level that we can't express in words.
No, love from just anyone is not all that matters. No, being wanted by just anyone is not all that matters. Other things matter too: like seeing your own face in your mother's face. Like knowing that you have your artistic talent from your father, and that you can develop it into something great because he did. Like being proud of your heritage and identifying with the heros in your family's past and present. Like having a feeling of belonging when you play with your own brothers and sisters, whose likenesses and differences reassure you that you are normal and yet unique.
Anyway, love and desire are feelings that are famously here today and gone tomorrow. How many people have fallen out of love? How many people have changed their mind about something that they really, really wanted at one time? Love and desire are not the most stable basis for a timeless relationship. The only sure thing is biology, which cannot be altered. Biology begets love in a way that desire itself cannot. Biology begets unconditional love that is based on immutable relationship - parents love their children, who contain parts of themselves - forever, no questions asked. It's instinctive, it's primeval, it's animalistic - but it's real, and it works, and it has worked for millennia. Whereas the love of strangers is never fully unconditional, because it is based on choice - and choice is based on desire, on a feeling that can go away. There is no underlying bedrock of immutability - indeed, even legal relationships can be changed.
3. The specific case of illness avoidance
Anna did not use egg donation due to infertility. She did it to save her future child from a terrible illness, and she paid a terrible cost for it - she gave up her own fertility, and chose not to have her own biological child. Her motivation was noble, and I sympathize with her difficult choices. She did indeed give up much, in order to spare her future child an awful existence.
And yet, I still believe that her actions went too far. She was free to choose not to have children. However, her concern for having a healthy child, and her decision to give up her own children, still did not entitle her to other people's children.
As the situation stands now, Anna paid a great price for her decision not to have an unhealthy child: she had no biological child of her own. However, she also made someone else share the cost of her decision. Her son has also paid a price: because he was chosen to be the healthy child, he has had to give up his own biological mother. So (biologically speaking) while Anna is childless, he is motherless.
Only time will tell what Anna's son thinks of this arrangement. It cannot be assumed, although he is wanted and loved by Anna, that he will be A-OK with being given up by his biological mother - and it is his right, as Anna will surely admit, to think whatever he wants, to seek out his biological mother in the future, and even to call her "mom" if he so chooses. This kind of right to his biological parents is a natural right, and no one can take this right away from him, only violate it (until he becomes an adult and can reclaim it for himself).
Do you think that donor-conceived children don't do these things? I invite you to read the latest post from the website of Umbillicly Challenged, who at 20 years old finally packed her suitcases and took off to meet her real, biological mother for the first time. She left her protesting "social" parents behind, even as they left umpteen messages on her cell phone. Her description of what she experienced when she met her real mother is worth the read.
Commercializing Human Life in Canada
Margaret Somerville is probably the most famous ethicist in Canada. She is a professor of both medicine and law at McGill University in Montreal, and she has a very special role in Canadian public life. In a testament to the fact that human nature has a need for a sure moral compass, for a definite right and wrong even when they no longer believe in God, Margaret Somerville is the unofficial priest of Canadian atheism. This is not a role that is only hers, because it is true of nearly every ethicist these days. But she is the most well known of these gurus of right and wrong, who tell people what is right when people no longer believe in an absolute right and wrong.
But I digress. Regardless of where Margaret Somerville gets her personal ethical convictions, she does seem to get it right most of the time.
The other day, Somerville wrote an excellent article in the Ottawa Citizen (she also wrote a similar article on MercatorNet). She discusses how in Canada, a growing coalition of disparate interests is trying to push for the further commercialization of human life in the "baby business", the reproductive industry. Currently Canada doesn't allow surrogates and gamete donors to be paid for their services. A lot of people who have something at stake are complaining about this and are gearing up to pressure for changes. Where would this lead us? Right down the ol' road to the depersonalization of the human person, basically: we are turning children, people and human body parts into objects for sale and ownership. Wombs for sale, eggs for sale, sperm for sale, embryos for sale, babies for sale (by traditional surrogates) - highest price based on highest quality, best quality to the highest bidder! People for sale, lives for sale. Buy a person, buy a life. Freedom for sale. That's called being "progressive."
These is a chance to do something about it right now. The Assisted Human Reproduction Office of Canada is holding a public consultation on this issue, and the deadline for comments is September 14, 2007. Anyone can comment. Please consider submitting your comments. You can read the consultation document and find out how to comment here (it's the first document at the top of the page).
But I digress. Regardless of where Margaret Somerville gets her personal ethical convictions, she does seem to get it right most of the time.
The other day, Somerville wrote an excellent article in the Ottawa Citizen (she also wrote a similar article on MercatorNet). She discusses how in Canada, a growing coalition of disparate interests is trying to push for the further commercialization of human life in the "baby business", the reproductive industry. Currently Canada doesn't allow surrogates and gamete donors to be paid for their services. A lot of people who have something at stake are complaining about this and are gearing up to pressure for changes. Where would this lead us? Right down the ol' road to the depersonalization of the human person, basically: we are turning children, people and human body parts into objects for sale and ownership. Wombs for sale, eggs for sale, sperm for sale, embryos for sale, babies for sale (by traditional surrogates) - highest price based on highest quality, best quality to the highest bidder! People for sale, lives for sale. Buy a person, buy a life. Freedom for sale. That's called being "progressive."
These is a chance to do something about it right now. The Assisted Human Reproduction Office of Canada is holding a public consultation on this issue, and the deadline for comments is September 14, 2007. Anyone can comment. Please consider submitting your comments. You can read the consultation document and find out how to comment here (it's the first document at the top of the page).
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