We Must Stop This Indiana Bill!

Update:   It is unclear with this poorly written bill requires straight, married couples to undergo a homestudy prior to ART if they don't use donor gametes.  The bill contradicts itself in many areas.   But even if the homestudy requirement can be set aside for some, it does not lessen the outrageousness of this attempt to legislate state control of your private parts.  Please continue to spread the word!
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Holy Shit.  We must stop this. 

Did you know that Republicans have put a bill in committee before the Indiana General Assembly requiring that any woman who wants to partake in any kind of ART (Assisted Reproduction) procedure -- IVF, donor sperm, donor egg, IUI -- be married????   (Full bill text here.)

And that, married or not, prior to undergoing any kind of ART procedure, you'd have to first be approved to do so by your local probate court?

And to get this approval, you'd have to complete an entire domestic adoption homestudy? It would no doubt take at least 6-18 months to complete, would only be good for 2 years, and would cost a pretty penny. See the bottom of this post for the extensive list of documentation you will need to gather so that some social worker can evaluate you and decide whether you're fit to go through ART. 

This bill contains even more anti-ART atrocities:

1. Egg donors could not be compensated
2. Using a gestational carrier would be illegal unless you proved to the court that your uterus is fucked up beyond the shadow of a doubt.
3. It'd be illegal to use a gestational carrier who has not been pregnant before.  So even if childfree your sister offers, forget it.

And if you do not obey, well, that's a Class B misdemeanor!

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Those are the facts. Now my commentary.

This is outrageous.  They are putting up impediments to couples receiving medical treatment for their medical problems.  For what other medical condition do you need court approval to receive the standard-of-care treatment?  You know that it will take 6-18 months for all this paperwork to be completed and approved.  All while your medical condition is getting worse every day, as your biological clock runs out.

The complete lack of respect for your privacy is shocking.  That they would require that you list your entire pregnancy history, your reaction to any pregnancy losses, the details of what is and is not wrong with your private parts, before a COURT decides whether you are eligible for medical treatment for your medical condition. 

And don't get me started on the obvious anti-gay, anti-single agenda of this bill.  Bigotry enshrined.

At this point, there should be no doubt in anyone's mind that there is a Battle Royale on for control of every American woman's uterus.  The Republicans think that we feeble-minded women are not able to make our own decisions as to whether we can or should bear children.  Please help stop them.

We must band together and stop this now.  Please spread the word - post something to your blog, email your friends. Everyone, write to the members of the Indiana Health Finance Commission. Let them know your story. Their phone numbers and addresses are listed below.

Also, if you live in Indiana, the next meeting of the Health Finance Commission will be held at the Statehouse on October 20, 2005 at 10 am in Senate Chambers and is open to the public.

• Sen. Patricia Miller (R) (317) 232-9489 s32@in.gov  (the author of this bill)
• Sen. Gregory Server (R) (317) 232-9490 s50@in.gov
• Sen. Gary Dillon (R) (317) 232-9808 s17@in.gov
• Sen. Beverly Gard (R) (317) 232-9493 s28@in.gov
• Sen. Ryan Mishler (R) (317) 233-0930 s9@in.gov
• Sen. Connie Lawson (R) (317) 232-9984 s24@in.gov
• Sen. Marvin Riegsecker (R) (317) 232-9488 s12@in.gov
• Sen. Billie Breaux (D) (317) 232-9849 s34@in.gov
• Sen. Vi Simpson (D) (317) 232-9849 s40@in.gov
• Sen. Connie Sipes (D) (317) 232-9526 s46@in.gov
• Sen. Timothy Skinner (D) (317) 232-9523 s38@in.gov
• Rep. Vaneta Becker (R) (317) 232-9769 h78@in.gov
• Rep. Robert Behning (R) (317) 232-9981 h91@in.gov
• Rep. Timothy Brown (R) (317) 234-3825 h41@in.gov
• Rep.Mary Kay Budak(R) (317) 232-9641 h20@in.gov
• Rep. Da vid Frizzell (R) (317) 232-9981 h93@in.gov
• Rep. Donald Lehe (R) (317) 232-9648 h15@in.gov
• Rep. Richard Dodge (R) (317) 232-9729 h51@in.gov
• Rep. Charlie Brown (D) (317) 232-9676 h3@in.gov
• Rep. David Orentlicher (D) (317) 232-9991 h86@in.gov
• Rep. Craig Fry (D) (317) 232-9994 h5@in.gov
• Rep. Carolene Mays (D) (317) 232-0243 h94@in.gov
• Rep. Scott Reske (D) (317) 232-9695 h37@in.gov

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Homestudy requirements, before you can petition the court for ART:

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 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.
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 [homestudy agency's] recommendation for participation in assisted reproduction.

Comments

[Kim]

I am a conservative and I find this OUTRAGEOUS!

[labia lady]

WTF???? I am speechless. I hope you get enough people behind you to stop this.

[Karinsamira]

OMG, if this were not serious, it were completely ridiculous. These are scary times where people have to deal with such outrageous nonsense. I can only hope the US IF community can stop this scary piece of shit somehow.

[Sassy]

Thanks for blogging about this. I'm passing this on.

[Nico]

Un. Fucking. Believable. HOW can this happen IN AMERICA????? Land of the free, home of the brave, where your uterus is only yours if you're part of a traditional family with 2.5 kids and a white picket fence.

[maryscarlet]

I've read this bill three times and I'm not sure that it actually says everything people are reporting it to ... I can't find anything about these regulations affecting married couples who are providing their own eggs and sperm. Everything else, however, seems to be there. It is clearly anti-gay and anti-single. It's making it as difficult as possible to enter into donor egg, donor sperm, and gestational surrogacy arrangements. It's really outrageous and offensive. What are these "values" couples will be expected to espouse, I'd like to know?

[Molly]

WHA . . . ?! Anyone with a healthy reproductive system would not be dragged through this messy process. Nothing like an extra kick to infertile folks while they're down!

[Emma B]

My reading of the bill agrees with maryscarlet's -- subsection 1b) of Chapter 2 (which lays out the regulations for acquiring a the gestational certificate) don't apply when it's a married couple using their own genetic material. As for the rest of it, my politics may generally trend right of center, but this absolutely disgusts me.

[Lisa]

I can't believe that! Even though it's just in one state, stupid laws like this seem to spread like wildfire to other states!! A homestudy to have a baby!! Like treatments aren't expensive enough. Noone is telling a drughead fertile teenager she can't get pregnant, but a parent wanting a child will have to go through all this red tape? I am very ashamed of my fellow republicans on this one.

[Wavery]

Susan,
Thank you so much for this thorough and well constructed post.

[thalia]

I am stunned, and will now go and worship at the HFEA's website as this makes their concerns absolutely piddling in comparison.

[thalia]

I am stunned, and will now go and worship at the HFEA's website as this makes their restrictions absolutely piddling in comparison.

[cat]

This is completely outrageous and totally insulting. I weep for you who live in Indiana. If there is anything at all I can do, write a letter whatever (being from NYC might not help) please let me know. Please keep us up to date as this develops.

[chee chee]

This proposed legislation is outrageous. I don't understand why "conservative" values always seem to attempt to exclude others and limit the rights and freedoms of others. I think it's despicable.

[DD]

A Little Bit Pregnant posted on the same topic. http://www.alittlepregnant.com/

I'm speechless and yet outraged that anyone "smart" enough to make it to the state senate could be so unfuckingbelievably stupid!

[kate #2]

OMG! I am absolutely mortified. I think it is completely scary the amount of political pull the religious right has gained since GW got elected. I am outraged and ready to kick some ass.

I don't live in Indiana, but I am going to email those Senators anyways.

[heleen]

Very bizarre.

[Malnurtured Snay]

Home grown fascism. Can we invade Indiana when we're done with Iraq?