If Freedom and Being Human is a birth right, then I shall have it.
What kind of change are we trying to bring by deleting a girl child? I am an American girl child deleted for being Indian and played like a ping-pong ball between systems. Who protects us? Regardless of any complexity, when all the issues are put through the hopper, the result should NOT be a deleted girl child and sister which is my status quo and I stand up not just for me but all others like me including the adult who was forced to do this to me because of the current laws. This is NOT positive change because it forces us to revisit the horrid past of decades and centuries. Status quo is regressive because it involves deleting a girl child and sister.
If one spouse decides to delete a sibling, does that mean the deleted child deserves NO rights or due process OR does the individual child have their own rights? Here are the unintended consequences on an innocent girl child caught up in archaic laws and adult in the know with malintent to repeat historical wrongs. Will the system be a silent bystander or act?
2009-17 - Terrifying years for American Surrogacy born children who have been forgotten and made invisible - perhaps time for change? If America can allow to break laws and bend some rules for an Indian immigrant intersex adult but enforce the same laws as per book for Indian immigrant children born of IVF/Surrogacy. Are American Surrogacy children included in the "ALL" to be fair and impartial, especially children Vs. adult? I am NOT questioning the laws, I am questioning the inconsistency and to what intent?
Ca. 1916 - “Freedom is my birthright and I shall have it” - Tilakji
Ca. 1932 - “Dogs and Indians not allowed” - Indians not allowed in elite places in British India
Ca. 1896 - “Separate is Equal” - Plessy v. Ferguson
Ca. 1954 - “Separate is NOT Equal” - Brown v. Board of Education
Ca. 1931 - Scottsboro boys trial - rushed trial, suppression of facts, non-representative legal experts, unfair trial only for the victims (hanged to death) to be exonerated 70 years later based on DNA evidence
AND HISTORY REPEATS ITSELF…
Ca. 2009 - IVF/Surrogacy child is DELETED and made STATELESS (loss of freedom) at birth
Ca. 2009 - US Citizenship DENIED to IVF/Surrogacy sibling due to “birth type” despite home of the parent is in the US for over 20+ years, do other children go to their parent’s home at birth?
Ca. 2009 - Indian citizen IVF/Surrogacy children and siblings are NOT allowed to meet
Ca. 2009 - Separate is Equal by separating biological siblings on two different continents
Ca. 2009+ - "Scottsboro" repeated for IVF/Surrogacy children - rushed case/trial, suppression of facts, unqualified legal experts dealing with issues of IVF/Surrogacy children of LGBTI immigrants, unfair trial, DNA tests DENIED which would have exonerated and provided facts and allow for "rule of law" to be upheld. Feels more like extortion from Al Caponesque and Ariel Castro exploiting others' innocent daughters.
Ca. 2017 - Still waiting for the clock to turn and say “Separate is NOT equal”. Or perhaps the legal strategy is to "keep me out" long enough to "buy time" to first extort and blackmail and then run out the statute of limitations? But crimes against humanity like stealing someone's freedom and denial of due process and thrusting into statelessness pre-meditatively and child abuse have no expiry as evidenced by the the Nazi war trials, holding powerful adults to account for child abuse decades later be it in the church or sports programs or by 3rd highest ranking politician. Truth catches up eventually and I patiently wait or perhaps I will be silenced by the privileged to hide their lies and crimes from being exposed?
We don’t have decades or centuries to wait as our innocent childhoods are expiring, lets roll y’ll. Indian Americans can be a positive contributing people if we are allowed to be ourselves. Whether its Bhagat Singh Thind or Kalpana Chawla.
If infertility is love and war then IVF/Surrogacy children made stateless are its foot soldiers and in a civilized world we don't exploit innocent children and women but help them. All it would take is a "stroke of pen" from a person of authority.
This is NOT a case of child custody or a “family issues” case or about LGBTI, immigrants or IVF/Surrogacy, there is something MORE sinister at play like power, privilege, extreme misogyny, child trafficking, repeating acts of horrid past, exploitation of innocent children and women while all I want is to be COUNTED as an equal and as a sister. Sadly, one has to fight several hurdles to uncover this simple DREAM - and I hope others can at least protect my FREEDOM to DREAM. The POWER of America comes from Abraham Lincoln, Susan Anthony, Rosa Parks, Scottsboro boys and not from Abu Ghraib, Robert Bales, David Headley, Tim McVeigh. The POWER of America comes from protecting the most vulnerable and shining a ray of hope even for the most forgotten. Protecting my FREEDOM to DREAM is a challenge for others or will they silence my voice and dreams like thus far? Have Texas and US laws and values been manipulated in its first ever intersex divorce which includes deleting a girl child also a family member and dividing biological siblings?
Just as much as a “marriage certificate” between two males is not a “family issue”, neither is a “birth certificate” for a Surrogacy child of LGBTI immigrants. I know, I spent my first 6+ years of my life surviving it. I have researched this case and its a simple case of the powerful, privileged exploiting others and then denying it while using obfuscation and silencing the survivor to hide their lies and crimes. In my case, it happens to be adults exploiting innocent children and women and using their powerful position to silence us to hide their lies and crimes. Our status quo brings BACK the horrid past we all want to forget. But I have NO CHOICE because FREEDOM is MY BIRTH RIGHT and I shall have it for not just me but the MILLIONS like me. We already know that laws for either “birth type” conditions like intersex or IVF/Surrogacy are archaic and have not caught up. In my case, the difference is what was done to me is pre-meditatively with the malintent of knowing the consequences that I will be DENIED rights due to knowledge of prevailing laws and using it to EXPLOIT a little girl child and sibling. Regardless of an adult’s race, religion, caste, creed, sexual orientation, nationality, birth type, once you make someone PREGNANT, you are EQUALLY responsible and held to account for that CHILD. Thats the LAW, isn’t it? Should the race, religion, caste, creed, nationality, birth type, sexual orientation of the CHILD matter to hold adults to account? How can anyone build a family by deleting a family member? As for my biological brother, also born the same way in India via IVF/Surrogacy under same laws, will he be taught to self-respect our truth or will he be lied and manipulated like the Honorable Harris county 311th court is? And how is lying to any child good? Even the UNSRT has called for a STOP to decades old strategy by medical expert professionals to continually lie to intersex people, very relevant for children of intersex family, why repeat the lies and torture on an entire NEXT generation? If you love your daughter and would fight for her to be EQUAL, we also love our daughter and her equality like NORMAL adults and family.
I am NOT questioning the laws because history has shown that social values change first and then the laws. I am questioning why I am NOT equally protected as a human child when my truth, freedom and justice are under attack? I wish the system would see the way I see myself - a human CHILD and NOT as a Surrogacy child of LGBTI immigrants. The inaction is appalling especially goes counter to the education I am receiving in school where we are taught to be honest, show respect, tolerance, compassion, freedom, equality to others. Ironically, stateless children can’t even get an education (lack of paperwork) but I am working hard to get one. If we had gender neutral laws and legal paperwork, would I have been counted? If the IVF/Surrogacy process were done within Texas or USA, would I have been counted? If our biological parent (gender neutral) had been a “female”, would I have been counted and we as siblings NOT divided? But somehow our innocent children’s lives are expendable because of our “parent’s status” and for actions taken by adults, why not spare us instead of punishing us?
For the uninitiated, what has happened to a little girl child can happen to ANY IVF/Surrogacy child, ANY infertile couple given the current laws. The difference is I was knowingly PUSHED into this situation. The only way an intersex, immigrant, infertile couple can have children and have a family is by lying and breaking laws. Does that mean the innocent children should be exploited and punished? We all know human cloning is banned but what if a rogue “medical expert” violates prevailing laws and creates two human clones. Will we punish the innocent human clones OR the adults who broke the laws? Will we DENY a birth certificate, DENY a legal identity and thus any legal rights to the human clone simply because the laws were broken but NOT by them? Will we imprison and confine the human clones until we figure out what to do? Sure laws have been broken but is it the human clones’ fault? Or will we allow one human clone to use lies, break the laws and get a legal identity and get legal rights? While DENY the same lies to the other human clone and DENY them the same legal due process and thus SEPARATING the two? How is any of this the FAULT of either human clones? Legally, the same thing has happened for us IVF/Surrogacy children and siblings of LGBTI immigrants. Not one but several laws have been broken but does that give any adult the moral, ethical, legal right to exploit and punish us in statelessness or let us be FREE?
I was born in September 2009 via IVF/Surrogacy to an Indian immigrant living in the US with his home there for 20+ years and was married “at the time”. He was in an infertile marriage and was trying to help and I was born in India with his DNA and help from anonymous egg donor and surrogate women in India. A divorce was granted in May 2010 but I was DELETED in the court order resulting in a torturous life for me while my brother born the SAME way and SAME laws apply to him equally is COUNTED. My brother was represented by an Amicus, I had NO representation. Immovable property in India was COUNTED but was DELETED and today I am a US Citizen and a Texan girl child. I was given a letter by the US government that “at the time of birth”, our biological parent was NOT a US Citizen yet and therefore I could NOT get US Citizenship - SAME is true for my brother also. I was also told that US laws considers children like me as “child born out of wedlock” - SAME is true for my brother but why is he considered “child of marriage” and I am NOT? Why is he COUNTED and I am DELETED and thus DENYING my BASIC human rights and freedom? It does NOT end there. The person who has been declared the “legal mother” of my brother is born intersex, a non-binary gender as per New York in 2016 but marriages (and divorces) between two genetic males was illegal in Texas in 2010? Even in 2015 when same-sex marriage became legal, Texas asked to REISSUE birth certificates to children of two genetic males. My brother is allowed to use a FRAUD and incorrect birth certificate while I am not resulting in 6+ years of statelessness. As per the laws, if you place the name of the “male parent” as father, “female parent” as mother, where do you place the name of the “non-binary gender parent” and imagine the time it takes for a system to listen to a child? The US only issued its first non-binary gender birth certificate in 2016 and is still catching up in this one specific area with rest of the world. While most others may focus on “non-binary gender”, for those already living with its social and legal issues are more interested in the solution and the experiences. Imagine the long wait a 55-year old must have gone through to get this identity, certainly its NOT a condition which suddenly appeared in 2016 but its been something known to them for decades. We are more interested in the struggles, social and legal isolation and obfuscation, the torture of DENIALS. As a IVF/Surrogacy child of intersex, I have also had to go through similar struggles, legal isolation, obfuscation, torture to get a birth certificate and can relate.
There is NOT one but multiple legal and social issues in this one case and it seems the system thinks its BEST to DELETE and DIVIDE. First when I was deleted, our biological parent was forced to choose whether to save himself and my brother in the US or me in India or I risked going to an orphanage as with other such cases of IVF/Surrogacy children made stateless. And our family has been DIVIDED across two continents in addition to fighting for our basic rights as children and proving we are children of human beings. I have come to realize my Exploitation and Silence is all too common and one must speak up to be heard. After reviewing the works of Susan Anthony, Rani Laxmibai, the women of Salem witch-hunt, the women who were anti-Sati, Rosa Parks and so many more, I must speak up to be COUNTED. Others can have their viewpoints whether this is a David v. Goliath, Privileged v. Exploited, Bullying v. Bullied, Social Values v. Prevailing Laws, Adult v. Child, Birth condition discrimination, intersex, immigration, IVF/Surrogacy issues, childhood statelessness and so on, I just want to be COUNTED as an equal.
There are several similar issues I can think of proving truth and respect is the right way forward.
- US has the Girls Count Act to help children across the world to get birth records
- India has Save the Girl Child Campaign
- UN has the “I, Belong” campaign to help with childhood statelessness.
- Can the US ensure safety and equally protect all its citizens everywhere in the world including a deleted and exploited Surrogacy girl child in India?
- Whether you are an ultra-liberal or ultra-conservative, whether you respect LGBTI or not, whether you respect immigration fraudsters and legalized citizens or not, whether you agree with Surrogacy or not, whether you are pro-life or pro-choice, how does anyone justify DELETING a living girl child?
- I am NOT a “child born out of wedlock” (as per laws) but a child born of Surrogacy rape just like other children born of rape. “Date rape” is still rape and “Surrogacy child” is still child.
- Patriarchy is ingrained for too long and some may think its “clothing of a woman” that causes rape OR a girl child should be deleted OR not give equal rights to a girl child OR a girl child has to sacrifice for their brother and try to justify these archaic thinking. I refuse to be DELETED and DENIED my rights and ironically this happened to me by remote control from US while in India.
I can also list where governments have responded to uphold child, women, human rights
- Abu Ghraib and Robert Bale - occurred outside US but the victims were assisted to seek justice despite NO access or able to afford courts
- “Peacekeeper babies” - Even after 5 years, the UN with prodding of other governments recognized that its peacekeepers fathered babies and held them to account
- baby Gammy, baby Sally, and so many others - IVF/Surrogacy children where adults were held to account and the child is COUNTED
- The abuse is NO different than a few rogue individuals in a church involved in child abuse OR a few rogue individuals in a sports program involved in child abuse and then using the reputation and power of their respective institutions to deny, deny, deny and attack the victims for decades instead of helping.
- If we can have “fairtrade coffee”, why not “fairtrade Surrogacy children”?
- Seafood child slavery was addressed, when will Surrogacy child slavery be addressed?
- Fraudsters in India were nabbed for frauding Americans remotely via telephone but NO help for Surrogacy children in India by fraudsters in America also acting remotely?
- Houston, Texas where this case was persecuted defeated the “bathroom bill” in 2015 and even in 2017 does NOT recognize the rights of adult intersex people then how can they respect the rights of children of intersex families?
There are other legal precedents also set
- India, Thailand, Nepal and several other countries have banned commercial Surrogacy like me and my brother. Has Harris county 311th court’s case no. 200944214 helped or hurt the overall infertile, LGBTI community as a whole (~21% of total population)?
- Should other millions of mothers-to-be also be scared their spouse can DELETE their child like I was?
- Should millions of “illegal immigrant children (innocent)” brought to the US using fraud legal paperwork ALSO be allowed to LIE and get US citizenship and passport like my brother?
- Should people across from the US move to Texas and file divorce if they want to DELETE a child and use this case as precedent?
- US laws require a “genetic link” between US citizen parent and child born abroad to issue a passport to travel. Should infertile women be concerned their spouse (one with a genetic link) may bail on them last minute and leave their IVF/Surrogacy child and them stranded in a foreign country and the child unable to travel?
Allowing the status quo to continue only makes a worse situation heinous and is NOT in line with our social, ethical, moral or legal values of deleting a child and dividing siblings.Getting understanding of social and legal issues of intersex, immigrant, IVF/Surrogacy family is welcome but at the very least, please don’t exploit us without knowing ALL the facts especially if you are going to JUDGE us. The only way an intersex couple (biologically two males) can have children and have a family is via IVF/Surrogacy as immigrants (cannot adopt legally) OR be childless (as per current laws). In order to have children, “rule of laws” has to be broken by an intersex family. But should it EXPLOIT children?
If filing divorce allows the government to enter a “bedroom”, then they should ALSO enter the “nursery” since “best interest of children” is involved especially the nursery of an intersex, immigrant, IVF/Surrogacy family. Let’s NOT cover up the issues, lets discuss them so we can SOLVE and at the very least spare the children and NOT exploit us.
If Freedom and Being Human is a birth right, then I shall have it.