Pre-meditatively deleting an American girl child based on birth type is a HATE CRIME

“I never made a child custody claim for her, Medhavi” - Sworn testimony under oath of Niti Atre (after creating my pregnancy - are adults held to account for a child they created?). Isn't that DELETING a girl child?

Hi, my name is Medhavi Modi born via IVF/Surrogacy in India and I was made stateless before even being born because the intended parent in US decided not to claim custody AND not come to India to help with legalization when I came into this beautiful world. These are the words left to me by the consenting American adult, Niti Atre. Not a card, no flowers, no baby gifts, no diapers, no hugs, no kisses BUT this message via legal system that made me a stateless child refugee denying my rights and freedom.  Its bad enough we have archaic laws for IVF/Surrogacy children but to actually use them against an innocent girl child is heinous and barbaric to split biological siblings to solve an adult's reproductive rights. Is this bullying ad what does one prove by stealing from an innocent child? I was born via IVF/Surrogacy to help with their infertility, not that them exploiting my birth type against me to render me a stateless refugee girl child. While I was languishing in an "IVF/Surrogacy prison" for a crime I did NOT commit while the abandoning parent is roaming FREELY with complete impunity, is it fair? While they claimed "devastation" of "losing me" who they never made a claim to, in less than a month after "losing me" bought a new BMW car, is that a way to show "devastation"? They got their sister married in 2 months after I was born while separating me, a sister, from my brother. Were they HONEST with my brother? Purnima Atre signed a surrogacy contract for me and wanted to claim me in case of a divorce. Well, her daughter filed a divorce BUT NO ONE made a claim, why? Is this how daughters are treated? Infertility is very traumatic but to exploit innocent children and women is no way to solve it.

At the time of my birth, our other loving parent lived in Texas, paid taxes, had a home, car, job in Texas but could NOT get me to Texas, USA. What would you do as a loving parent? Save me or Abandon me? My other loving parent saved me because of his love but in the 6+ years of standing up against some of the most powerful institutions in the world, we unearthed inequities and despite having laws like Girls Count Act, or the UNHCR “I, Belong” campaign for innocent stateless children, or the Universal Declaration of Human Rights, or Malala supporting “Save the Girl Child” or Trade and Tariff Act of 1930 (protects “goods” made outside US from child or forced labor to be used by Americans but will NOT protect “children” like me made outside the US with consent of Americans who do not claim custody?)  and so many other laws don’t go far enough to address the needs of innocent children like me made stateless whose only fault apparently seems to be born differently via IVF/Surrogacy.  When will the help arrive for less understood children like us, do children like me count?

All we are asking for is basic human dignity and respect if NOT equality. When an American adult gives consent to have a child via IVF/Surrogacy but DOES NOT SHOW UP, what are our rights? Do we count? For the record, I am very much wanted and very much loved and despite 3 years of trying and 5 failed IVF attempts, 6+ years of statelessness, our loving parent and family came for me and NEVER gave up on me. The question is when will the governments like US and India ALSO respect basic human dignity and freedom of innocent children like us, a minority within a minority? If LGBTI adults have a lack of rights in 2000s, what rights do children of LGBTI have?

If  a US person had not “shown up” for an IVF/Surrogacy child within the US, would there still be “no legal consequences”? Would the child be stateless? I am the same child regardless of birth type or nationality and above all, I Belong here too equally as a human being, as a girl child and NOT to be exploited.

ASK: The US must hold adults and all perpetrators responsible and accountable for violating my rights as a child, as a human being and lead by example to rest of the world that even with this new technology, we as a people will still continue to NOT exploit innocent children and women. We will continue to maintain human dignity and respect for all.

Childhood statelessness is a legal issue and NOT a personal family issue. It is not about how we became stateless – fleeing from war or messed up “paperwork” or IVF/Surrogacy, it is about how we move forward with basic human dignity and respect with access to freedom.  Without proper legal documents, I cannot travel and this means I CANNOT see my brother and tie him Rakhi, hold his hand, play with him, share hugs and kisses, celebrate festivals and family events together, tickle him, laugh with him, cry with him, and most of all sharing OUR stories and make “OUR” memories and bond for life as other siblings have an opportunity in the “free world”.  I am blessed to have an opportunity to speak up while so many others like me have been forever silenced. Can we do both – help infertility AND maintain human dignity and respect of innocent IVF/Surrogacy children?

Do other Americans including infertile Americans agree with this brilliant legal strategy violating our child and human rights leaving us stateless OR do we #SpareTheChild? Like with other issues, people, systems, institutions deny, lie, demonize, vilify, fear-monger only to relent later much like women suffrage, civil rights, gay rights and now IVF/Surrogacy rights of children. Ours maybe a first case but is NOT the last with families choosing to build families differently. Divorces occur but it should NOT create stateless children - being stateless is NOT a personal family problem. This is about the future, our future and statelessness is NOT the future. Education and awareness are the solution while secrecy and stigma are the real culprits. Help and support stomping out statelessness if you agree.

This petition will be delivered to:
  • Department of State
    US Secretary of State
  • US Department of Homeland Security
    USCIS


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