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Small-government conservatives

Everything old is new again.

Here’s how principled conservatives in the Indiana state legislature propose to follow through on the Republican promise of making the government accountable to the people, not the people to the government: a suggested law to require government parenting licenses for people who want to conceive through artificial insemination. Queahs and single hussies need not apply:

Sec. 5. (a) A petition to establish parentage may be filed by an intended parent.

(b) The intended parents must be married to each other, and both spouses must be parties to the action to establish parentage.

(c) An unmarried person may not be an intended parent.

And nothing says small government like government-controlled reproduction and piles of bureaucratic paperwork to manage it all!

Sec. 6. (a) A petition to establish parentage must be filed in triplicate.

(b) The original copy of a petition to establish parentage must be verified by the oath or affirmation of each petitioner.

Sec. 7. (a) A petition to establish parentage must be made under oath and specify the following:

(1) The:

(A) name, age, and place of residence of each petitioner; and

(B) place and date of marriage of the petitioners.

(2) The name and place or residence, if known, of the donor or donors.

(3) The name and address of the agency that performed the assessment under section 12 of this chapter.

(4) The name and address of the physician who performed the medical procedure that resulted in the pregnancy of the child who is subject to the parentage action.

(5) The type of assisted reproduction procedure that was used.

(6) Whether a petitioner has been convicted of:

(A) a felony; or

(B) a misdemeanor relating to the health and safety of children;

and, if so, the date and description of the conviction.

(7) Additional information consistent with the purpose and provisions of this chapter that is considered relevant to the proceedings.

(b) The following documents must be attached to the petition to establish parentage:

(1) The consent of the petitioners required under section 13 of this chapter to the medical procedure that resulted in the pregnancy for the child who is the subject to the parentage action.

(2) The consent of each donor, if known, to the use of the donation for the assisted reproduction medical procedure.

(3) The certificate of satisfactory completion of the assessment required under section 12 of this chapter.

(4) The certificate of the physician required under section 14 of this chapter. …

Sec. 11. … (b) A physician may not commence an assisted reproduction technology procedure that may result in a child being born until the intended parents of the child have received a certificate of satisfactory completion of the assessment required under section 12 of this chapter. …

Sec. 12. (a) Before intended parents may commence assisted reproduction, the intended parents shall obtain an assessment from a licensed child placing agency in the intended parents’ state of residence.

(b) The assessment must follow the normal practice for assessments in a domestic infant adoption procedure and must include the following information:

(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 (1) 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 as set forth in subsection (c).

(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 recommendation for participation in assisted reproduction.

… (f) After completing the assessment described in this section, and if the child placing agency approves the intended parents to commence the assisted reproduction procedure, the agency shall issue a certificate that the intended parents have satisfactorily completed the assessment and are ready to commence assisted reproduction.

(g) A certificate issued under subsection (f) is valid for two (2) years.

(h) A physician may rely upon a certificate issued under this section to commence assisted reproduction with an intended parent.

(i) A certificate issued under subsection (f) must be filed with the petition to establish parentage.

… Sec. 14.(a) After a viable pregnancy has been achieved by artificial reproduction, the physician who performed the artificial reproduction procedure shall issue a certificate to the intended parents stating:

(1) the child was conceived under the care of the physician;

(2) the type of artificial reproduction procedure that was used;

(3) whether the donor is known or anonymous; and

(4) whether the physician is aware of any compensation being paid to the donor.

(b) The certificate must be:

(1) on the physician’s letterhead stationary; and

(2) notarized.

(c) The certificate required under this section shall be filed with the petition to establish parentage.

(d) form by x agency?

Sec. 15. (a) If the court finds that:

(1) the petition to establish parentage satisfies the requirements of this chapter;

(2) the certificate from a licensed child placing agency required under section 12 of this chapter has been filed and meets the requirements of this chapter;

(3) the certificate by the physician required under section 14 of this chapter has been filed and meets the requirements of this chapter; and

(4) the consent required under section 13 of this chapter has been obtained; the court shall grant the petition to establish parentage and enter a decree establishing parentage without a hearing or further court action unless the court finds by clear and convincing evidence that granting the petition is not in the best interests of the child.

(b) The court may deny the petition to establish parentage if a petitioner has been convicted of a crime described in section 7(a)(5). …

Of course, covenants without the sword are but breath:

Sec. 17. (a) If the court dismisses a petition to establish parentage, the court shall determine the person who should have custody of the child. …

Sec. 20. (a) An intended parent who knowingly or intentionally participates in an artificial reproduction procedure without establishing parentage under section 15 of this chapter commits unauthorized artificial reproduction, a Class B misdemeanor.

You can read the whole damn thing, if you’re into that sort of thing.

The proposed bill is the work of State Senator Pat Miller (R-Indianapolis). Here’s what she had to say on its behalf:

Miller said the state often reacts to problems and she instead wants to be proactive on this issue.

We’re not trying to stop people from having kids; we’re just trying to find some guidelines, she said.

She did concede it would stop single people from using methods other than sexual intercourse but said all the studies indicate the best environment for a child is to have a two-parent family — a mother and a father.

Meanwhile, her Republican colleagues recoil in horror at the existence of an unregulated industry:

Sen. Gary Dillon, R-Pierceton, is a member on the commission and said parts of the legislation have valid points. He does have some reservations about limiting the reproductive rights of single people [that’s awful big of him -RG] but quoted the same studies as Miller about the health of a child in two-parent homes.

There’s a concern that there’s no regulation over this whole industry, he said.

You can let Senator Miller know what you think at:

Senator Patricia Miller
(317) 232-9400
(800) 382-9467

Let’s kill this thing dead.

Update (2005-10-10): It’s dead. Huzzah!

Meanwhile, I’m just waiting with baited breath for some federalist libertarian to come along and tell me how the real evil would be for the federal courts to strike this down on the obvious privacy grounds. Because, you know, it’s not so bad, as long as a state is doing it.

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