California and other blue states are trying to redefine infertility to include gay couples that cannot have a child biologically. So that insurance companies would then be forced to cover things like surrogacy for two men who want a child. What s the problem with this? What are the problems that exist within surrogacy and third party egg and sperm donation? Are we really thinking about the needs of the child? To answer these complex and controversial questions, we speak with Katie Faust, founder and director of Them Before Us, a global movement defending children s right to their mother and father.
00:00:00.000California and other blue states are trying to redefine infertility to include gay couples that cannot have a child biologically so that insurance companies would then be forced to cover things like surrogacy for two men who want a child.
00:00:20.940What's the problem with this? What's the problem of not just redefining infertility but redefining parenthood, redefining marriage, redefining the family? What are the problems that exist within surrogacy and third-party egg and sperm donation? Are we really thinking about the needs of the child?
00:00:40.320To answer these very complex and controversial questions, we have Katie Faust. She is the founder and director of Them Before Us, which is a global movement defending children's right to their mother and father. I've had her on several times before. We'll link those past episodes, which I highly recommend.
00:00:58.040This is a two-part conversation. We will be getting into all of your very pressing questions about IVF, about surrogacy, about embryo adoption, about adoption in general in part one and part two of this conversation.
00:01:13.920This episode is brought to you by our friends at Good Ranchers. Go to goodranchers.com. Use code Allie at checkout. That's goodranchers.com, code Allie.
00:02:58.040California is pushing right now on one of their bills. This whole idea of we need reproductive justice, and that means that we should be able to form families any way we want. That's what NARAL tweeted on the 8th anniversary of Obergefell.
00:03:10.480We're not really going to be equal unless we can create the families however and whenever we want. Of course, in the context of gay marriage, however we want means we have to employ these third parties and cut children off from their mother or father so we can be truly equal.
00:03:27.500So I think that we've been asleep at the wheel on the left, right, this is just the next stop on the family redefinition train and it was brought to us by the redefinition of marriage and the passing of gay marriage.
00:03:40.360So to me, like, it makes sense that this is now kind of popping up in everybody's newsfeed.
00:03:45.660Yeah. You know, I want to stop, take a pit stop at something that you said. You mentioned this California bill that aims to redefine same-sex couples is unable to get pregnant as infertile.
00:03:57.660So that's the redefining infertile. So that's the redefining infertility that you were just talking about. As we are talking right now, I believe it's still just a bill that hasn't been turned into law.
00:04:07.700I see no reason why there would be any breaks on this, just looking at past legislation that has been easily passed and signed into law by California.
00:04:17.820But can you tell us a little bit more about this? So this is in an effort to get insurance companies to pay for things like,
00:04:27.660uh, surrogacy for two men who want to create a child.
00:04:33.180Yeah. And they're not the only state to have tried this. Like we battled this back in Minnesota. We were, um, worked on that. And thankfully, um, that bill didn't go through in Minnesota.
00:04:41.340We testified against a similar bill here in Washington state. And thankfully that died right now it's in committee in California.
00:04:49.200But what they're trying to do is in essence, say, look at all these heterosexual couples who, if they're declared infertile,
00:04:55.560which the medical definition of infertility is unprotected heterosexual sex for 12 months, doesn't result in a pregnancy or live birth.
00:05:04.560And now what they're saying is, well, we, no matter how much unprotected sex, the same sex couple has, they are never going to be able to produce a child.
00:05:12.880And so this is what they've always done right in the family redefinition game is what they want is an impossibility from a biological standpoint.
00:05:21.800And so what biology cannot accomplish, the law needs to provide.
00:05:26.680So they did this in same sex marriage, right? Where they've started to redefine parenthood.
00:05:31.160According to biology, two adults of the same sex can never be the parents of a child.
00:05:36.180And so they have redefined with the word parenthood. No longer is it just a connection by biology or going through an adoption process.
00:05:44.840Now your intent to parent makes you a parent. So if two men intend to parent a child, now the adult says, ding, your parents.
00:05:53.880So they're trying to do the same thing with infertility, right?
00:05:56.500They will never medically be able to be diagnosed as infertile because they're not participating in the activity that would lead doctors to conclude that infertility is the problem.
00:06:07.640And yet they want the same kind of access and they want the same insurance coverage so that they also can create a child in a laboratory, right?
00:06:16.200And so that is what these bills are aimed at doing in the name of equality, because in their perspective, it's unequal, right?
00:06:23.120It's discriminatory for heterosexual couples to be able to be designated as infertile and then receive coverage from their insurance companies.
00:06:31.700And so what do we have to do? We have to redefine what infertility means.
00:06:35.920And so now the California bill and similar other bills across the country are seeking to define infertility as not a medical status, but really a relational status, right?
00:06:46.540I'm infertile because of the relationship I'm in or infertile because I'm not in a relationship at all.
00:06:51.620Some of these bills also cover IVF coverage for single adults.
00:07:07.740Tell me about some of the consequences of this, because some people may be listening and they're like, well, yeah, I mean, that kind of makes that kind of makes sense.
00:07:15.960Why? Why should we discriminate against two men who want to have a child?
00:07:19.720Why shouldn't they be covered by insurance?
00:07:21.940Who cares if it's two men, a man and a woman?
00:07:24.600But what are some of the repercussions of greenlighting a bill like this?
00:07:30.080Well, from the pro-life perspective, one of the things that the California bill specifically said is insurance companies can't discontinue services.
00:07:38.780And there was, in essence, unlimited supply of IVF transfers.
00:07:44.460And we already have a situation in this country where we've got one million frozen embryos in storage right now.
00:07:51.000And oftentimes the only thing that keeps that in check is cost.
00:07:55.060And so right now we are talking about insurance funded IVF transfers, which means why limit the number of embryos that you're going to create?
00:08:03.640I mean, create dozens, right, you know, hundreds, how many retrievals do you want to go through?
00:08:08.760Because you're going to have unlimited opportunities to transfer those babies.
00:08:13.060And so, number one, it is only going to increase the amount of children who are suffering indefinitely in a freezer or who are going to perish in the gauntlet that children have to undergo between freezer and implantation and then ultimately birth.
00:08:28.360It is going to massively increase the number of children that are screened for sex or for, you know, potential genetic markers that don't seem as desirable to the adults.
00:08:39.560In essence, it is going to contribute to the increased commodification of children where they are fought and discarded, donated to research or spend their life forever in a freezer.
00:08:49.600And so it further reinforces the idea that children are a commodity that exists for adults.
00:08:55.740And that is honestly a problem for married couples, heterosexual couples, people who are medically infertile as well.
00:09:03.440So really, that is where bills like this, you know, allow equal opportunity for the damage to children's rights because heterosexual couples can do it, gay couples can do it, and now single adults can do it.
00:09:15.240But what this bill does, in essence, in the name of equality, right, for LGBT adults, is says, we also are going to say that you can have access and we may pay for a third party to contribute their sperm or their egg or their womb.
00:09:33.780That means the child will always be missing one biological parent in their life, at least one, and one adult to whom they have a natural right.
00:09:43.120Now, that is a big deal for children for three reasons.
00:09:47.180Number one, that biological parent is the only person that grants children access to their biological identity.
00:09:54.380And we have surveys from children created through sperm and egg donation who say, that adult matters to me.
00:09:59.700That is not just some donor stranger out there.
00:10:04.060Many of these children will go on protracted internet searches after they discover their donor conceived through a 23andMe test or whatever,
00:10:11.360and desperately long to know this person that gave them life.
00:10:15.740Because this is a question that every human child asks.
00:10:18.640It's very hard to answer the question, who am I?
00:10:22.360If you cannot answer the question, whose am I?
00:10:25.840So we are denying children access to one of the two adults that can give them the answer to the question, who am I?
00:10:32.460Number two, the reason why this matters so much is, especially for people that are concerned about the well-being of children,
00:10:39.320is statistically, a child's own biological mother and father are the most connected to, invested in, and protective of them.
00:10:46.620And we go through this extensively in our book, Them Before Us, Why We Need a Global Children's Rights Movement.
00:10:53.160Unrelated adults invest less time, resources, money.
00:10:55.920Children are drastically more likely to be abused and neglected in the home of an unrelated adult.
00:11:02.900And what this is, what, you know, California's bill and similar bills are seeking to do is, in essence,
00:11:08.540incentivize and pay for children to be raised in a home where they're always going to be parented by an unrelated adult.
00:11:14.840And finally, of course, we're always going to be starving these children, if it's a same-sex couple or a single,
00:11:23.120of the maternal love or the paternal love that children crave, that they long for, and that maximizes their development.
00:11:31.840And so when we hear about these bills, right, oh, you know, we need to, in the name of non-discrimination,
00:11:37.920in the name of equality, insurance companies need to treat same-sex couples or singles the way that they would treat infertile heterosexual couples,
00:11:46.300the alarm bell should be ringing for you.
00:11:48.280What you're talking about is the creation of the fatherless children that especially Christians are mandated to protect.
00:16:30.760And so that is where I think the children's rights perspective offers incredible clarity.
00:16:35.900And also it's a bit of a seamless garment.
00:16:38.260We are going to put kids first, regardless of how adults are longing, suffering, yearning.
00:16:43.520No, we are going to empathize with you, especially on a friendship level.
00:16:48.680But in matters of policy, it is justice for children that is going to dictate our actions and behavior.
00:16:53.980I want to kind of get into specifically what I get the most pushback on and just ask some questions that I receive a lot.
00:17:13.100When it comes to my Christian conservative audience, those pro-life people who love babies and they want to have children, they want their friends to have children.
00:17:21.880And so their kind of mentality so far has been pretty much any means possible.
00:17:27.340So they might agree with us, agree with you when you say children deserve a mother and father.
00:17:33.160Yes, they are against two men or two women using a third party, all of that.
00:17:38.440They're on board with you when it comes to that.
00:17:41.120But what I receive a lot is, but, and you kind of just answered this, but I want you more specifically to talk about it.
00:19:33.180The challenge for people dealing with infertility or any of these other legitimate challenges that adults experience is what you cannot do is allow your longing and your loss to be transferred onto the shoulders of a child.
00:19:47.000And that is the no-go zone for Christians.
00:19:50.100So talk about the couple that says, well, you know, I want to use IVF.
00:19:54.580And the truth is that there are ways to use IVF that don't violate the rights of children.
00:20:00.400And I have met people that have done it, but they have fought against the industry and their own doctor at every step of the way.
00:20:06.900If they are never going to discard any embryo, if they're going to implant every single one, if they're not going to freeze any or have surplus or excess or whatever it is, that's a much more expensive process.
00:20:17.960And many doctors won't do it because it's going to damage their success rates and their implantation rates.
00:20:24.400So you can try to use these technologies in a way that don't violate any child's right to life or any child's right to their mother and father.
00:20:30.980And you will be traveling that road alone.
00:20:34.900The reality is that fertility companies are banking on you creating multiple embryos, storing, freezing, discarding, selecting.
00:20:43.820And we know that by the numbers, only about 7% of children created through IVF are going to be born alive, right?
00:20:51.300In our mind, we think IVF is just about babies, but it's not.
00:20:54.880It's about on-demand designer babies that you can discard if you need to.
00:21:08.960Right after Dobbs passed, what did we have?
00:21:11.400We had fertility clinics in red states absolutely panicking over the fact that that state might define life as beginning at conception because it would wreck their business model.
00:21:23.440They spend quite a lot of time grading and selecting and discarding and freezing embryos after they have developed for a couple days, you know, up to a week.
00:21:33.780And if they are not allowed to dispose of that embryonic life, they can't do business in a red state.
00:21:39.620So by the numbers, the baby making industry, the fertility industry takes more embryonic life per year than the baby taking industry, the abortion industry.
00:21:51.460So first of all, we need to understand that if you're participating, if you're choosing to go the IVF route, you will be the vast minority of people who are seeking to do it without violating the rights of children.
00:22:02.860So let's talk a little bit about, well, what about surrogacy?
00:22:06.380Like maybe God has called me to be a surrogate or maybe God has said we can use a surrogate.
00:23:13.100The only, not just person, the only thing that they know is their birth mother.
00:23:17.920The woman within whose womb they are growing inside.
00:23:21.920And do you think that you can then take the child away from that only person, the one relationship they have, and the child won't mourn, right?
00:23:31.480And then we saw it again with Chrissy Teigen.
00:24:20.980So when we think about surrogacy, what we're really talking about is we are talking about intentionally severing the relationship that the baby has with the only person they know on the planet.
00:24:33.460And handing it over to people that, from the child's perspective, are complete strangers.
00:25:40.840I remember when my oldest was born and it was a C-section and they, you know, they put her on the little cart where they weigh, but they also measure their oxygen.
00:26:04.800And they said, oh, her oxygen is not great.