Thursday, September 20, 2007

wrongful life

A Canberra, Australia lesbian couple is suing a clinic who sold them their test tube baby, because it turned out to be test tube twins. They claim to have only asked for one baby. Normally,common law countries don't allow a cause of action for "wrongful life", but this one seems to me to be actually a contract case. I contracted with you to sell me an embryo and you gave me an extra one. The problem with looking at it as a contract case is that the Plaintff lesbians would have to mitigate their damges. They could have always turned the extra baby in to some welfare group, or sold it on the black market here in America.

So the case seemes to be being approached as a tort, with the gravaman of the complaint being the mental anguish of the extra stress it takes raising twins. The lesbians say that it has almost destroyed their relationship. Hell, I've got news for them, the stress of raising one child has destroyed many a relationship.Come by my house right before a big math test and see if you think child raising is fun.

Now, I agree that two children are twice as tough as one. I am not denigrating in any way the difficulty of raising twins, and I am sure that, unless Cabnerra is a lot different than Texas, that being a gay couple adds to that stress.I am not identifying the couple by name because the Australian press is not, they are also only showing the womenonly from from the back, which, unfortunately, is neither's best side. The theory behind the secrecy is that the couple does not want their three year olds to know that they are the twins in question. I have news for them. If there is one other Australian lesbian couple in Canberra raising twins, I can promise you that they are thinner than these two.They can take all the walking away pictures of the Canberra Lesbian couple they want to, but I'm pretty sure that the kids are going to figure out that the Rosie O'Donnell backside look alikes, are mom and mom.

Before this blog takes on homophobic aspects, I should mention that I applaud gay adoption and gay test tube babies.I think that it is wonderul that these loving couples have the same opportunities that their straight brothers and sisters have.There is never enough love in the world. What I don't like is the sense of entitlement here. Lots of people have multiple births, it is tough on them, but they don't sue anyone over it. I did not sue our OB when it turned out that my child was born with an inability to sleep more than six hours a day and a refusal for the first five years of its life to eat anything. I did not complain to the OB when she turned out to be the most stubborn child that God ever put on this earth, not did I complain when she insisted on picking colleges based on the highest possible cost. I love my daugheter and have treasured very minute we have had her.But I'll say this, if Canberra law compensates this couple, I think our OB ought to have to kick in on at least the first year's tuition.Fair is fair.


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