Here's One For Solomon

Who should get baby Manji? That's the question facing India's Supreme Court as it tries to decide the fate of a baby girl born to a Japanese father and an Indian surrogate mother. This case reveals not only problems with practice of surrogacy but also what happens when law trumps common sense. For those of you who don't know, here's baby Manji's story.

In November of last year Ikuyumi Yamada and his then wife Yuki went to India and contracted with a surrogate mother to carry a baby for them. The baby was conceived using Mr. Yamada's sperm and the surrogate's egg. Shortly before the baby's birth Mr. Yamada and his wife divorced and Yuki Yamada decided she no longer wanted the child. Well then, baby Manji should just go home to Japan with her father, right? Wrong.

India has no laws governing the practice of surrogacy, so baby Manji was born as an Indian citizen. In order to take his daughter home Ikuyumi Yamada would have to adopt her. But there's a catch. Indian adoption law forbids the adoption of a girl by a single man. But what a minute, you say. Ikuyumi Yamada isn't just any old single man, he's Manji's FATHER! Exactly, and you'd think that would be enough for India to allow Manji to go home with him. And you'd be dead wrong. The letter of the law has common sense by the throat in this case. And things are getting more complicated.

An Indian child welfare group has now stepped forward asking the Supreme Court for custody of Manji. What this group wants with Manji is unclear. If it were truly committed to her welfare, though, it would demand that India let her father take her home. If nothing else India should give custody of Manji to her paternal grandmother, who's in India looking after her, and let the baby leave the country. Once in Japan it would not be India's business who Manji lived with, and she could then be placed with her father where she belongs.

This case should give pause to anyone considering the use of a surrogate mother, especially one from India. I can understand how obsessed some childless couples can get to have a child biologically related to at least one of them. But there are hundreds of thousands of orphans in this world desperately in need of parents. If all someone wants to do is raise a child it shouldn't matter much, if at all, if that child is or isn't "my own". When I see people going to the extreme of surrogacy or in vitro fertilization I suspect that there's more going on with them than a simple desire to be a parent.

Ikuyumi Yamada and his now ex-wife did chose surrogacy, however, and this man deserves to have the child that resulted from it. Yes, Mr. Yamada is now a single man, but he's also Manji's father. It is a violation of justice and common sense to keep Mr. Yamada, who has never been proven in any way unfit, from his baby. India ought to be ecstatic that Manji, unlike so many female children in that country, has a parent who desperately wants her. India, it's time to do the right thing. Let Manji go home.