The Handmaid's Tale Come True?

Where's Offred when you need her?

Republican lawmakers are drafting new legislation that will make marriage a requirement for motherhood in the state of Indiana, including specific criminal penalties for unmarried women who do become pregnant "by means other than sexual intercourse."

According to a draft of the recommended change in state law, every woman in Indiana seeking to become a mother through assisted reproduction therapy such as in vitro fertilization, sperm donation, and egg donation, must first file for a "petition for parentage" in their local county probate court.

Only women who are married will be considered for the "gestational certificate" that must be presented to any doctor who facilitates the pregnancy. Further, the "gestational certificate" will only be given to married couples that successfully complete the same screening process currently required by law of adoptive parents.

As it the draft of the new law reads now, an intended parent "who knowingly or willingly participates in an artificial reproduction procedure" without court approval, "commits unauthorized reproduction, a Class B misdemeanor." The criminal charges will be the same for physicians who commit "unauthorized practice of artificial reproduction."{...}

And no, this is not a hoax. It beggars belief, I know, but you can read the draft legislation here.

"Petition for Parentage"? "Gestational Certificate"? "Unauthorized reproduction"? Unauthorized practice of artificial reproduction"? Pardon my French but what the fucking fuck? This is the language of science fiction, my friends, not the language one would expect to find in proposed legislation in a state in the United States of America.

The more I think about this, the madder I get. How dare they? HOW DARE THEY? If this law were passed, in the state of Indiana, you wouldn't be able to have in-vitro if you were a single woman. Yet, if you were a single woman and had a one night stand and became pregnant as a result that, apparently, would be fine. But nevermind the discrimination against single parents, let's talk about what married couples would have to go through, because they would have access to fertility treatments, but they'd nonetheless have to apply for "parentage" and would then have to be screened for parental worthiness.

And all of this is only because these people's reproductive systems are faulty or are lacking one of the necessary ingredients. If you're a fertile myrtle, well, you're in the clear and no one can tell you what to do when it comes to your reproductive system. Including having an abortion! Good on you for having working plumbing!

The author of the legislation claims this about settling the legal issues of who has parental rights when extraordinary types of infertility treatment are used. That, I believe, is a blind. This is about legislating morality. The author of the legislation flat-out admitted she believes marriage is a prerequisite for parenthood. What she didn't say, however, is that she believes in that so much she would create criminal consequences for those who disagreed with her.

One can only hope that this piece of flaming excrement dies a quick and horribly painful death when Indiana's next legislative session begins.

{Hat Tip: Jeff G.}

UPDATE 10/6: It's been dropped because "The issue has become more complex than anticipated and will be withdrawn from consideration by the Health Finance Commission." One could have wished that it had been dropped because "it was a bit of draconian bullshit," but one can't have everything, can one?

Posted by Kathy at October 4, 2005 09:31 PM | TrackBack