Octuplets: " Child-rearing ability and the provision of fertility services"

March 28, 2009

Some of you have wondered what the role of the doctor was - was he allowed to say no? Besides having common sense - yes. In vitro fertilization (IFV) is considered elective treatment - just like the cosmetic surgery she had on her face - and as such a doctor can refuse to treat as long as s/he does not have an obligation or previous relationship with a patient or working in the Emergency Room. The guidelines are probably more meant as protective against discrimination lawsuits.

And even if Nadya lied to him - he knew she had the six older children - about whether she was supporting the children, Nadya's mother told him pleaded with him on the phone not to keep doing it.. [See the grandmother's interview with Maggie Rodriguez on the Early Show.] She did not however go there in person or simple make an anonymous call to the California Medical Licensing Board. All she needed to do.

She is just as culpable in the whole situation. She supported Nadya and the children. She had every right to dictate matters because they were living in her home and she as financially responsible for them. The grandfather is just as much to blame. Why did he wait till he appeared on Oprah to ask for psychiatric help for his daughter who he described as "not mentally complete". [Follow link above.]

Her own father said to Oprah's massive audience that his daughter is not mentally complete and could Oprah get her evaluated and yet there she is with 12 children - each and every one dependent on someone who is "not mentally complete". It's wrong.

Here's an article that discussed the guidelines fertility centers can follow. And, no, forced sterilization is not an option! I think it says a great deal that she did not have a tubal ligation while they were in there. She - nor the grandmother - have ruled out the possibility of more children. [Check out the grandmother body language interview Part 2.]

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Child-rearing ability and the provision of fertility services
The Ethics Committee of the American Society for Reproductive Medicine
Birmingham, Alabama

Fertility programs may withhold services when there are reasonable grounds for thinking that patients will not provide adequate child-rearing to offspring but are not obligated to do so.

(Fertil Steril 2004;82:564–7. ©2004 by American Society for Reproductive Medicine.)

1. Fertility programs may withhold services from prospective patients on the basis of well-substantiated judgments that those patients will be unable to provide or have others provide adequate child-rearing for offspring.

2. Fertility programs may—except in clear cases of significant harm to offspring—provide services to all persons who medically qualify.

3. Fertility programs should develop written policies and procedures for making determinations to withhold services on the basis of concerns about the child-rearing capacities of prospective patients.

4. A program’s assessment of a patient’s child-rearing ability should be made jointly among members of the program. A home study is not required.

5. Persons with disabilities should not be denied fertility services except in rare cases when a well-substantiated basis exists for thinking that they cannot provide or have others provide adequate child-rearing for offspring.

All legalese basically.

1-Nadya's grandmother is the other.

2- What is considered a clear case of significant harm to offspring? 3/6 offspring with neurological disabilities and then risking even one more pregnancy let alone implanting 6 more embryos? What more evidence is needed? She took the oldest children's childhoods completely away by her selfish act. Her oldest daughter's life is never going to be her own. That is not only significant harm - is permanent and cruel. What she did was child abuse and there is no way around it.

3-Like that doctor followed any rules. He didn't even follow the implantation guidelines of his specialty.

4-Who are the members of the program?

What they do not mention here is a single woman. The fact that she went in there to build a "family" knowing full well that there would never be a father in the picture. She has 10 sons who will never have a father. Unless Nadya's hits the jackpot or the sperm donor is forced to come forward - I don't see him signing on. That is the most heinous part of what she did. She knew 100% they wouldn't have a male role model.

Bottom line:

Physician autonomy entitles physicians to provide medical services if they choose, but they are not usually obligated to do so.