Third Party & Independents: Archives

October 06, 2005

Spelling America with a K

Well, my home state of Indiana is at it again. Sen. Patricia Miller has introduced a bill that would make it illegal to have children though assisted pregnancies, unless you are married. Even further, intrauterine insemination, in vitro fertilization or other procedures must be approved by the state and those participating must register with the state and provide information such as values, hobbies and talents, personality descriptions and religious background. Not only is the proposed law blatantly unconstitutional, it steps all over the basic ideals that this country was founded upon.

The law comes on the heels of a passage of an anti-gay marriage law that was passed recently; I wrote about it in the article titled ‘Wrong on Both Sides’. It seems that the success of this law has spawned the submitting of even further limitations on the rights of homosexuals and non-traditional citizens (second class). The bill is pretty long and mostly amends previous law. However, it does add new requirements on assisted reproduction. The line of remedies cannot be performed by a doctor legally unless the individuals seeking reproduction have a license. Some of the requirements for the license, other than being a married man and woman (since you can’t legally be married if you are gay, this is already excluded) are included in section 12 of the bill which I will quote in its entirety. I normally don’t do this, but cutting out the sheer volume of regulations on the simple process of having a child is mind boggling and I don’t want it missed.

Sec. 12. (a) Before intended parents may commence assisted reproduction, the intended parents shall obtain an assessment from a licensed child placing agency in the intended parents' state of residence.

(b) The assessment must follow the normal practice for assessments in a domestic infant adoption procedure and must include the following information:
(1) The intended parents' purpose for the assisted reproduction.
(2) The fertility history of the intended parents, including the pregnancy history and response to pregnancy losses of the woman.
(3) An acknowledgment by the intended parents that the child may not be the biological child of at least one (1) of the intended parents depending on the type of artificial reproduction procedure used.
(4) A list of the intended parents' family and friend support system.
(5) A plan for sharing any known genetic information with the child.
(6) Personal information about each intended parent, including the
following:
(A) Family of origin.
(B) Values.
(C) Relationships.
(D) Education.
(E) Employment and income.
(F) Hobbies and talents.
(G) Physical description, including the general health of the individual.
(H) Birth verification.
(I) Personality description, including the strengths and weaknesses of each intended parent.
(7) Description of any children residing in the intended parents' home.
(8) A verification and evaluation of the intended parents' marital relationship, including:
(A) the shared values and interests between the individuals;
(B) the manner in which conflict between the individuals is resolved; and
(C) a history of the intended parents' relationship.
(9) Documentation of the dissolution of any prior marriage and an assessment of the impact of the prior marriage on the intended parents' relationship.
(10) A description of the family lifestyle of the intended parents, include a description of individual participation in faith-based or church activities, hobbies, and other interests.
(11) The intended parents' child rearing expectations and values.
(12) A description of the home and community, including verification of the safety and security of the home.
(13) Child care plans.
(14) Statement of the assets, liabilities, investments, and ability of the intended parents to manage finances, including the most recently filed tax forms.
(15) A review of the local police records, the state and violent offender directory, and a criminal history check as set forth in subsection (c).
(16) A letter of reference by a friend or family member.
(17) A written consent from each donor, if known, to use of the donation in the assisted reproduction medical procedure.
(18) The recommendation for participation in assisted reproduction.

(c) Except as provided in subsection (d), the licensed child placing agency shall conduct a criminal history check on each intended parent and any other person who is currently residing in the intended parents' home.

(d) A licensed child placing agency is not required to conduct a criminal history check on an intended parent if the intended parent provides the licensed child placing agency with the results of a criminal history check conducted:
(1) in accordance with IC 31-9-2-22.5; and
(2) not more than one (1) year before the date on which the licensed child placing agency provides written approval for the commencement of the assisted reproduction procedure.

(e) The intended parents shall pay the fees and other costs of the criminal history check required under this section.

(f) After completing the assessment described in this section, and if the child placing agency approves the intended parents to commence the assisted reproduction procedure, the agency shall issue a certificate that the intended parents have satisfactorily completed the assessment and are ready to commence assisted reproduction.

(g) A certificate issued under subsection (f) is valid for two (2) years.

(h) A physician may rely upon a certificate issued under this section to commence assisted reproduction with an intended parent.

(i) A certificate issued under subsection (f) must be filed with the petition to establish parentage.

The sections that strike me as the most unconstitutional are:

12.b.6 Which lists the information that must be presented to the state before they will consider giving you the license to engage in assisted reproduction. Values? Personality description? Physical description? I also find the requirement to detail your lifestyle, including what faith based activities you belong to, and how they compliment those of your spouse, section 12.b.10, suspicious, to say the least.

I don’t think I have to go into the myriad of reasons that this is just plain wrong. Between the huge openings for abuse of race, religion and any number of other things I could imagine as well as the fact that the state has NO business knowing most of this information, I can’t see any judge anywhere allowing this to pass through its courts without being laughed out. My fear is, though, that it may just get to the general assembly to be voted on someday. Just having it get out of committee is a sign that the Indiana State Senate has gone above and beyond the realm of reasonability and not just the bill’s author should be frog-marched out of town, as Joe Wilson might say.

And you can bet I will be there on October 20th when this is presented to the open public. If it even gets to that point and isn’t withdrawn first, which may happen if the phone calls that the members of the committee continue as I think (hope, pray) that they will.

But it just goes to show how insidious this notion of mixing religious values and societal laws is. My last article dealt with the idea a little bit but it surprises even me that this was even seriously suggested, let alone written down into bill and submitted! I am not one who is usually paranoid about the Slippery Slope, but we have to recognize when it is occurring in front of our very eyes.

What happens when it is decided that in order to be allowed (!) to have a child you have to show that you are a member of the Republican Party? Or Democratic Party? Or belong to some environmental group actively working to clean up the air? Or a member of the Baptist Church (Catholics, Lutherans, Muslims, Agnostics, Athiests, Jews, 7th Day Adventists need not apply). Or that you are a ‘pure’ Caucasian? Or a non-smoker, a non-gambler, a non-whatever it is that is considered bad at the time?

What happened to the notion, the VERY simple notion, that we are all free to live our lives as we choose to as long as they don’t infringe on others to do the same? Somehow that idea has not only been ignored or forgotten, with bills like this it is being urinated on, pardon the alliteration, and sacrificed to the God of the Busybodies.

Didn’t we fight a war a couple of centuries ago that addressed these very notions? Blood was spilled, lives were lost. Are we so eager now to reverse everything that those people gave their lives for, and countless others have since, just so that we can lord over other people who are considered somehow ‘unworthy’?

I think it’s time. Those of us who realize that a separation between religious/personal law and societal law must be in place to prevent this type of disgusting abuse must realize it is time to fight back. Get involved and push back on the notion that this type of oppression must be stopped, here and now. Even if you might disagree with some of the personal behaviors of those that are different from you, stand up for their RIGHT to be different, to live their lives just as you want to live yours, free from the oppressive hand of the Good Intended. If you don't, there may not be anyone left to help you when your way of life is threatened in the same manner.

Posted by Rhinehold at October 6, 2005 01:55 AM
Comments
Comment #83912

This is going to be hard for me, so I apologize in advance .

It is a known fact some of us probably should not be parents. My ex-husband and myself when I was with him if one wants to be fair. My sister who thankfully only had one child. My son who realizes he is not emotionally equipped to be a father at this point in time. Add to that parents who have been accused of and some of them guilty of poor judgement as parents. Yet do we demand of those who can procreate naturally these standards?

Granted some of us may feel at times that if you have to have a license to drive a car you should have to do something more than lie there and accept sperm to become a mother, however…who in the blue HELL can decide that the mere fact of needing artificial procreation allows them to add these stipulations that they would never have the guts to attempt to force on the majority of the population?

I am sickened Rhinehold, and I do not know what makes me sicker, the fact that this was even written or the fact that it even should be something considered as far as law.

Posted by: Lisa Renee at October 6, 2005 02:54 AM
Comment #83924

This reminds me of a segment on the BBC a few weeks ago about the reunion and subsequent relationship of a ‘test tube’ baby and her biological father… and the repercussions on other heretofor anonymous sperm donors.

The required information sounds a lot like the questions the child had of her father as well as the father’s recommendations of what he thinks future sperm donors should consider.

That said, wouldn’t it be nice if ALL parents put as much thought into starting a family and ALL children had access to as much of their heritage?

i can see where it helps cover liability and such, but it does seem unfair if the same is not required of ALL couples prior to a marriage license.

Posted by: jo at October 6, 2005 04:56 AM
Comment #83968

Frankly I am scratching my head over this one. I wonder of the Republican in their zeal to intrude and trample on every aspect of American life fear a backlash? When is the country going to collectively shout “enough is enough!”

Posted by: V. Edward Martin at October 6, 2005 08:02 AM
Comment #83970

Superb but terrifying article Rhinehold. It looks however, that Miller has withdrawn the bill from consideration. The story is titled “See Unauthorized Reproduction Law is DOA” and can be found on bilerico.com.

I would believe that any couple, gay or straight that would go through the trouble for assisted pregnancies would have thought through the process before seeking assistance. This is another example of good intentions gone wrong. The sad thing here is that I would expect anyone who goes to the trouble of assisted reproduction really wants the child and would probably be wonderful parents. We are upside down in this country.

Posted by: Dennis Sherrard at October 6, 2005 08:14 AM
Comment #83974

Geee.. on the news(6) they said the law would be to stop gays and singles from using different forms of fertility to have children.
People who can’t get pregnant on their own without intervention of some sort..normally?? (A single woman could just find a guy and lie about being on birth control.)
A state won’t let just ‘anybody’, we hope, adopt children.
An attempt for a very red state(with a couple small blue dots) to maintain traditions?

Posted by: INres at October 6, 2005 08:44 AM
Comment #83986

Thanks Rhinehold. Just the idea that this was considered is terrifying.

Posted by: Brian Poole at October 6, 2005 09:45 AM
Comment #84000

Another terrific article, Rhinehold! Seems you’re on a roll lately.
Sen. Patricia Miller’s office should now be bombarded with letters castigating her for believing “there ought to be limits on freedom”.

Posted by: Adrienne at October 6, 2005 10:55 AM
Comment #84004

I give this a split dercision. I agree with some but not all of what is described in the article.

Assisted pregnancy for unmarried persons IMO would be a valid social and moral law. The exception to this would be if this took place in a state that recognized legal same sex marriages.

“Even further, intrauterine insemination, in vitro fertilization or other procedures must be approved by the state and those participating must register with the state and provide information such as values, hobbies and talents, personality descriptions and religious background.”

Assuming that this quoted paragraph applies to married opposite sex couples I would disagree with the requirement for state registration. I would however favor the agencies performing the service to do thorough research on the couple.

I base this opinion on the fact that for adoption, foster care, etc. there is a background check even more thorough than that described above.

In the first instance (to a much lesser degree the second as well), a door could be opened for a “babies for profit” opportunity if there were no controls.

Posted by: steve smith at October 6, 2005 11:07 AM
Comment #84012

Steve,
So are you saying that it should be illegal for unmarried people to have children?
I doubt that there would be any babies for profit schemes. Assisted reproduction is prohibitively expensive for many people, and certainly much more difficult than just making babies to sell the old fashioned way would be.
This whole law just makes it more difficult and expensive for people who have trouble concieving to have children, without stopping anyone irresponsible. Really, is an irresponsible, non-committed person really likely to call the doctor, undergo invasive procedures, and fork over all kinds of money?
I don’t see one good thing that comes out of this law.

Posted by: Brian Poole at October 6, 2005 11:44 AM
Comment #84017

Brian,

It is my personal opinion that unmarried couples should not have children. However that is not what I said in my post nor, is it what you are hoping I am saying. Nice spin though.

What I said was an unmarried person should not be permitted to have an assisted pregnancy. Unmarried couples that want children and are not able to do so through “natural” (sexual intercourse with each other) means should get married and utilize assisted pregnancy procedures or, adopt.

Posted by: steve smith at October 6, 2005 12:15 PM
Comment #84024

I once thought that Republicans were the party who championed smaller government, it seems now that they want it just small enough to fit in our bedrooms and doctor’s offices.

Let’s pass a law about what I can and can’t do with my own body, but God forbid you try and pass a law regulating the five machine guns I’ve got in my closet.

I’m glad to see that the Indiana State Senate has solved all of that state’s other problems that way they can realy devote some time to this bill.

Posted by: Christian at October 6, 2005 12:37 PM
Comment #84032

Geech! If they required that kind of crap from everyone before they could become a parent I don’t think there would be very many babies being born.


Lisa Renee
Add to that parents who have been accused of and some of them guilty of poor judgement as parents.

There isn’t a parent in the world that isn’t guilty of poor judgement at times. And there is a parent who hasn’t been acused of poor judgement, specially by their teen age kids.

I can understand a person wanting a child thats biologicly theirs. But in most cases of assisted pregancy isn’t it because on of the partners cann’t reproduce? That would mean that only one parent is the biological parent. I’m just woundering how this partner is going feel about the child later on.
Then there is a lot of kids out there that need a loving home. I would concider adoption before deciding on assisted pregancy.
I have five kids. Raised six, my baby sister. One of the five is adopted. She knows she is (not telling a child they’re adopted is the worse thing you could do to them)and knows that we love her just as much the our biological children. She tells the others that “Momma and Daddy chose me, they were stuck with youall”. Either way we love each of them.

Posted by: Ron Brown at October 6, 2005 01:06 PM
Comment #84036

I find it pretty scary when the government gets into who can and can’t have children, by whatever means. This again goes to who controls my body and my relationship with my doctor.

It’s one thing to teach a principle that children out of wedlock is not good. It’s another thing to make any laws against it. What will be next?

This is absolutely amazing!

Posted by: womanmarine at October 6, 2005 01:42 PM
Comment #84039

Somebody needs to explain to those in the Republican Party that actions like this is why ther Party got treated like a redheaded stepchild in the Late 60’s/Early 70’s. Rhinehold, I don’t normally talk about other citizens state reps, but what were you all thinking when you put this person in office? Will you please find some dirt on this person to shut them up?

If you get a chance to ask a question do us a favor and ask the following questions; While the Bill you introduced is suppose to help our citizens with assisted pregnancies, does it not call into question the Rights of All Americans under the 14th Amendment? Would it not open the door so that the government can go into the Bedroom of our citizens? Could you meet the standards of being a “Good Parent” and if so, by who’s Standards are your refering to?

No, this law even if enacted is easily taking out and proved unconstitutional. I just wish Sen. Patricia Miller would find something more constructive to do with her time.

Posted by: Henry Schlatman at October 6, 2005 01:56 PM
Comment #84055

Ron Brown,

I don’t have any actual numbers but the fact is that most couples who seek reproductive assistance do use their own eggs and sperm. Couples who go through these procedures do so to improve their odds of conception.

In many cases these couples are more mature, which makes getting pregnant by natural means very hard. The odds of a woman over 35 getting pregant naturally, declines steadily from 20% to less than 5% once she reaches 40. In the case of the male partner, low sperm count or low motility or both might be a factor that inhibits natural pregnancy.

Couples that opt for donor eggs or sperm have either tried other options and failed, or face a situation where one partner is sterile. I have never heard of a case where a child produced through donor eggs or sperm was rejected by the non-biological parent.

Posted by: Michael at October 6, 2005 03:21 PM
Comment #84080

steve smith,

What about the 9/11 widow who wanted to get pregnant using her deceased husband’s frozen sperm? Since she is technically unmarried, that would make it illegal according to those rules.

What about individuals who don’t believe in the institution of marraige? Say Goldie Hawn and Kurt Russel wanted to go throuogh IVF to have a child. Should they not be allowed to?

There’s a woman who writes a blog called Chez Miscarraige (you can look it up). She couldn’t bear her own children because her uterus was deformed when she was in utero from a drug her mother was proscribed when she was pregnant with her. She had a surrogate bear her child. Since the surrogate isn’t married to the father, then that pregnancy would be illegal.


Ron,
as Michael said, the majority of the cases the parents use their own genetic material. As for adoption, it is also extremely expensive (usually about $10,000), and you may still never get a child (no one chooses you).


Julia

Posted by: Julia at October 6, 2005 04:44 PM
Comment #84084

Julia,

IMO, the answers are yes - no - yes

Posted by: steve smith at October 6, 2005 04:55 PM
Comment #84105

Michael
Thanks for the response, I didn’t know that and the info helps out.
Having an adopted child I still think I would choose adpotion. But thats me.

Julia
I know adoption is expensive, but its sure worth it. It wasn’t cheap when we adopted our daughter.
She was a year-old then and after 29 years we would do it again. In fact my wife and I were talking about the possibility the other day. This time with an older child around 12 or 13. We might be to old though.

Posted by: Ron Brown at October 6, 2005 06:11 PM
Comment #84171

Here’s to the hope that morons like Sen. Miller never win another term, anywhere, ever.

Posted by: Rocky at October 7, 2005 12:34 AM
Comment #84176

This was just passed on to me. I realize that it is a few months old. I am looking for other info.

http://www.alternet.org/drugreporter/22048/

Posted by: Rocky at October 7, 2005 01:21 AM
Comment #84178

Here are a few more details.

http://actioncenter.drugpolicy.org/action/wacmoreinfo.asp?item=26179

Posted by: Rocky at October 7, 2005 01:37 AM
Comment #84179

I realize that on it’s surface this looks quite kosher. It is the spying part that scares the beejeesus out of me.

Posted by: Rocky at October 7, 2005 01:41 AM
Comment #84238

Rhinehold… Good article. I am from Indiana as well (not her district but right next door)and was very unhappy to hear of a proposition such as this even being considered. It did get pulled which is good but it still begs the question of what she was thinking… Absolutely absurd if you ask me. I have already sent a scathing email to her office and my own senator (who is republican as well) as well stating my disapproval that it was even considered.


Posted by: BradM at October 7, 2005 01:12 PM
Comment #84250

It appears that this law is treading lightly on Roe V Wade.

States may impose laws to govern their state; it’s why they have their own constitution. In Roe V Wade, Texas’s law made it illegal to have a particular medical procedure performed, in their case an abortion. Women in Texas were forced to cross state lines to have an abortion.

If this bill becomes law, look for this to be used to potentially overturn Roe. For if this law makes it through the courts and ultimately to the Supreme Court and the Supreme Court upholds the law, and then Roe would be invalidated.

Posted by: john trevisani at October 7, 2005 02:23 PM
Comment #84255

Ron,

I do think that adoption is a path more people should consider. However, it’s also true that there are people who don’t understand how you can feel just as strongly about a child without a genetic relationship to you. Just because someone is infertile, doesn’t mean that they are any wiser than anyone else about the joys of adoption. And so, it’s not smart to legislate that infertile couples expand their family through adoption, anymore than it makes sense to legislate that fertile individuals be required to adopt children before trying to have children via their own genes. (not that anyone here is really arguing to the contrary about that).

That being said, I’d like to see adoption advocated more often to everyone. I think many people are frightened of adoption because the process is so complex (and a little scary). I read this wonderful book called “Lost Daughters of China”, and I was so moved when the author talked about having an epiphany one day when walking down the street. She said she saw a little boy with his family, and (since she was in the midst of the adoption process), she was suddenly struck with the realization that, except for a matter of circumstance, this boy could be her son. In fact, when you adopt, you realize that all the children in the world, except for a matter of circumstance, could have been your own. And then you realize that loving one another really is a choice. There is no “them”, there is only “us”. We’re all family.

If we all realized that, the majority of the things we argue about here would be a moot point.

Posted by: Julia at October 7, 2005 02:41 PM
Comment #84359

Julia,
I’ve never read the book, but I know what the author was takling about that when she said “except for circumstance this boy could be my son.”
I’m not saying assisted pregancy should be out lawed, and I think that this idoit in Indiana is steping WAY over the bounds. I just hope that the Indiana Legsislature is smart eonugh to put the bill in the toilet and flush twice.
I’m just saying that adoption should be considerd before making a choise. However I don’t want to see a law requring it either.

Posted by: Ron Brown at October 7, 2005 06:47 PM
Comment #84404

I guess we can expect to see a rise in sales of Turkey Basters now.
IMHO
You can lead right wing religious Zealots to water, But You Can’t make them “Think”

As Always,
Wayne

Posted by: wayne at October 7, 2005 11:06 PM
Comment #87062

I strongly recommend the book Freedom and Virtue: The Conservative / Libertarian Debate, edited by George W. Carey. The “social conservatives” remain convinced that they can and should — or even must — create virtue by exercising the coercive power of government. This strikes me as a fallacy of the highest order, and the attempt is inherently inimical to freedom.

Posted by: Vince at October 21, 2005 04:12 PM