– Mary Beth Whitehead, on her groundbreaking surrogate mothering court case
“So how’s work been going, Ted?” I
ask my brother-in-law after filling my plate with a variety of unhealthy
holiday goodies. We’re having a post-New Year’s celebration with Emma’s sister, Linda, and her husband, Ted. Em
hasn’t been herself since we got the diagnosis about Matthew, and I thought
being with her sister would cheer her up. She and Linda have been close since
they were kids, and Ted’s not a bad guy, either.
We have to
celebrate a week late because both of our kids took it into their heads to
contract the flu on the 31st. So, instead of watching the ball drop
on New Year’s Eve, we watched our younger guy, Kevin, spill his guts –
literally – all over the living room rug. I told Em I would clean it up, but
she likes to do everything a certain way. So instead, I “de-grossed” Kev in the
tub while Em scrubbed the mess, her swollen belly sagging over the
foul-smelling carpet. Tears stood in her eyes. She wouldn’t admit she was
upset, but I know my wife.
Ted,
who works for a graphic design firm in the city, responds to my question about
work.
“The job's OK, I guess. Everything’s hectic, what with
the downsizing and restructuring, but I’m just glad I didn’t lose my job with
the layoffs last summer. It’s just a pain to have to put in ten to twelve hour
days because they let so many people go and won’t fill any positions.”
I’m
not one to complain, but I feel an odd responsibility to chime in with some
negativity of my own. Misery loves company, I guess.
“I
hear you, man. School’s the same way. They’re not laying people off yet, but they’re sure taking their pound
of flesh with all this state testing and the department of education breathing
down our necks about every little thing. We’re working day and night to prove
the district’s making ‘adequate yearly progress.’ Meantime, the burden’s all on
the teachers. The parents say, ‘Jump!’ and we have to say, ‘How high?’ It
really sucks.”
Lull. Once we hit our stride, Ted
and I can converse for hours, but it always takes a bit of doing to find a
topic of mutual interest.
“How’s
Emma feeling?” he asks, then realizes we’re there to have fun and not discuss
weighty subjects like bad prenatal diagnoses. “Oh, sorry, man, you probably
don’t feel like talking about that tonight.”
“Nah,
it’s fine,” I answer. “She’s doing OK. We’re both getting used to the whole thing.
Gonna take some time. What about you guys? What’s the latest?”
He
laughs in a humorless way.
“Ha!
Now there’s a subject that should be off limits! I thought the adoption system
was screwed up, but it’s running like clockwork compared to the foster care
system. We had yet another glorious visit with Danny’s birth father, where he
showed up half an hour late and threw a huge fit when the social worker told
him he couldn’t see the baby. He knows the rules, but I guess they don’t apply
to him.”
Ted’s referring
to the 18-month-old they’ve been fostering for the past six months. Danny is Ted’s
sister’s son, and he’s had a rough start in life. His mom’s on drugs and the
dad has been arrested I don’t know how many times for dealing. The guy’s
clever, though, and the cops can never seem to make the charges stick.
The sad part
is Ted and Linda want to adopt the little guy, even though he’s a real handful.
The poor kid clings to Linda like glue, doesn’t want to let her out of his
sight. Screams bloody murder if she even leaves to go to the bathroom.
They’ve spent
gobs of money over the past four or five years trying to adopt, and it always
blows up in their faces. Twice they got real close, only to have the door
slammed shut in the end. That’s bad enough, but to add insult to injury, all
the money they shelled out for fees and the birth mothers’ expenses goes up in
smoke. It’s the only business I can think of where you know up front the whole
thing’s a crap shoot. No refunds, no guarantees.
Ted
seems to be waiting for a comment, but I’m not sure what to say. I just shake
my head and roll my eyes in sympathy.
“But
wait. It gets better. After he huffs and puffs and the social worker has to
pretty much throw him out of the office, she turns to us and says, ‘Mr. and
Mrs. Genovese, I don’t want you to get your hopes up. In spite of Mr. Sanders’
behavior, in all likelihood, he’ll be granted custody in the long run. I’m
sorry to have to tell you this, after all you’re doing for little Danny, but
I’ve been doing this job for a long time. That’s usually the way it works,
unless he ends up in prison. The system really does try to reunite children
with their biological families.’ Can you believe that?”
“That
is really criminal,” I say with disgust.
***
From
across the room, my sister, Linda, hears Tom use the word “criminal,” and picks
up on it.
“Emma,
speaking of criminal, you mind if I run something past you?” she asks me.
“Go
for it, Lin.”
“OK. Well, you know Ted and I have really been
robbed with this adoption business a couple of times now, right? Well, we’ve actually
been considering going in another direction.”
This
piques my interest. It might be nice to think about someone else’s parenting problems
for a change. I go over and over the situation with our unborn Matthew
constantly in my mind. Sometimes I can handle it, and I feel like it’s actually
doable. Other times, I turn into a gelatinous mess of tears and terror. Let me
focus on poor Linda’s issues tonight.
“Yeah,
I can’t disagree with you there. You guys have really been through the wringer
with the traditional route. I can’t blame you for looking for other options. By
the way, Danny seemed to go down easier tonight than last time we were here. Is
he coming along?”
“I
hope so. Yeah, I think he is getting better in that area. He’s such a cuddle
bug at times, but other times, he throws these wild tantrums and we don’t know
how to calm him. It’s like he has two different personalities. Do your kids do
that?”
I
have to think about how to answer that. My boys are no different than most
children; when they don’t get their way, they scream and fuss. What I’ve
noticed about Danny, though, is he becomes almost hysterical and is pretty much
inconsolable until he exhausts himself and falls asleep. In my heart of hearts,
I think Linda may be in for much more than she bargained for if she takes in
this child.
Fortunately,
Linda continues before I have to think of a diplomatic reply to her question.
“Well,
anyway, I was starting to tell you about our plans.” She hesitates, as if
weighing whether or not I can handle the subject she’s about to introduce.
“The
thing is, I don’t want to be insensitive. With all you’re going through, maybe
this isn’t the time to –”
“No,
of course it is, Lin. I want to hear it. Definitely.”
“Well,
alright, if you’re sure. We’re prepared for the fact that we may not get Danny.
Ted’s sister doesn’t want to be bothered with him, and she’s not clean anyway,
so she’s not gonna put up a fight. But Danny’s father really wants custody of
him, and he’ll probably win even though he’s a really bad apple. It’s a
disgrace. But we’ve been through so much, it would be criminal to quit now. So…
you’ve heard of artificial insemination, right? Actually, the term they use is
‘intrauterine insemination.’ Well, the doctor we’ve been talking to thinks that
might be a good idea for us. He says it’s pretty affordable, and if that
doesn’t work we can try in vitro – but that costs a boat load.”
This
catches me off guard. The little I know about reproductive alternatives makes the
whole business seem like an engineering project. “Concocting a pregnancy” is
the phrase that springs to mind. Fortunately, it stays in my brain rather than exiting
my mouth. How dare I, for whom pregnancy happens with almost as much regularity
as sock changing, make that kind of judgment on my poor sister, who’s desperate
to raise a child – anyone’s child.
She’s
waiting for a response. I think fast and decide the safest place to go would be
finances.
“So
… how much are we talkin’? If you don’t mind my asking, I mean.”
“No,
not at all, you're fine. In the neighborhood of 10 to 15 thousand. The place has a sliding
scale. Our paper work’s not all in yet, but they’ll give us all the numbers
when it is.”
I
groan.
“Wow,
that is a bundle. Do you guys have
it?”
“We’re
working on getting a loan. Those two failed adoptions set us back a lot. They
don’t give refunds, you know,” she adds with disdain.
“So
it sounds like you guys are pretty set on this.”
“Well,
like I said, it’s our contingency plan if things don’t work out with Danny.”
I’m
afraid to ask too many questions, so I just emit a non-committal “Hmmm.”
Linda
pauses for a minute, then seems to make up her mind to tell me everything.
“Worst
case, we hire a surrogate.”
After
picking my jaw up from where it landed someone under my rib cage, I say, “You
mean somebody else to carry your baby?”
“Yeah,
basically. I mean, it would be ours, really. I mean, my egg and his, y’know.
Just somebody else to sort of, incubate, in a way.”
A
siren goes off in my head.
“Wait, what about that case 20 or 30 years
ago? What was it called? Baby X? Something like that. Where the birth mother
sued to keep the baby ’cause she changed her mind. Remember that? Honey, you
don’t need that kind of trouble.”
“Yeah,
Em, I know what you’re talking about. ‘Baby M’ was the case. Trust me, we’re
not going there. We read up on this stuff and talked to a lawyer. That happened
’cause it was actually her egg and she didn’t wanna give up her own baby, so
the courts felt she had a case. What we’re considering is the surrogate would
just be a carrier for Ted and me. The entire whole, um, embryo would be from
us. See the difference? I don’t think we’d have a problem.”
Another
news story is gnawing at me, but I’m having trouble bringing the details to
mind. I remember reading about a couple who provided a frozen embryo for a
surrogate to carry, but then wanted to back out when they learned the baby
would have birth defects.* I start to look it up on my phone, but then I realize
Linda wants a sounding board, not an opinion. Besides, this is getting into the
realm of too much information, more than I feel I can handle. When she brought up
the subject, I wanted to be a good sister and support her, but now her
infertility issues are getting all mixed up with my concerns over my own
situation. I don’t feel strong enough to weigh all the ethical implications of
what she’s proposing while not yet having peace with my own moral dilemma.
I
do what women do best. I change the subject.
“Hey,
I could really go for a chick flick. You have Netflix, right?”
I
pretend not to notice the hurt expression on her face, and snatch up the remote
the way Kevin grabs for his pacifier. Tom calls it his personality. We really
have to wean him off of that thing.
*The case Emma struggles
to recall involved a Connecticut couple who insisted their surrogate have an
abortion when ultrasound revealed severe birth defects. The surrogate mother
moved to Michigan, where her rights as a surrogate trumped those of the
biological parents. The child was subsequently adopted by an outside couple (http://www.cnn.com/2013/03/04/health/surrogacy-kelley-legal-battle/).