Unable to conceive on their own, Scott and Amy Kehoe of Michigan bought eggs and sperm and hired Shelly Baker as a surrogate, a woman who had been a surrogate previously.
Shelly gave birth to twins and the law required that Shelly and her husband be named as the parents on the birth certificate because Michigan doesn't recognize surrogate contracts. A week later, in court, to have the Kehoes designated legal guardians, baker learned that Amy Kehoe had a history of mental illness - unspecified psychotic disorder - and had been arrested for cocaine possession almost a decade prior.
Shelly exercised her legal right to take the children back, refusing to allow the Kehoes to adopt the babies.
Today, Dr. Phil, in a follow-up, was adamant that this was a case of discrimination against the mentally ill and he said, if were taken every baby away from every mentally ill parent, "we'd need to hire buses." he totally rejected the argument that this was not discrimination against the natural, biological mother of these twins, but a prospective adopter. He sees no difference whatsoever.
In doing so, he also made the old "a contract is a contract" argument about surrogacy, and ignored the entire reproductive anonymity insanity. Instead he angrily attacked the surrogate mother as the sole unjust person in this "transaction" because of her decsion not to hand over children she carried and cared about in order to fulfill her contractual obligation. He had other surrogates on who agreed with him, and go the majority of the audience to vilify this woman.
Dr Phil supports internet do-it-yourself surrogacy "contracts" and called surrogacy "a miraculous, miraculous gift" and hoped this show would not scare people away from it. He asked the "surrogate" to give the children back to the "intended parents' because he obviously identified with and felt for their pain and loss.
In this particular case, none of the people involved were biologically connected to the babies - except the anonymous donors. However, the principle of Dr. Phil beleiving that it was discrimination against parents who have mental health issues is invalid, IMHO, when comparing taking children from natural mothers and being approved as adopters.
DO I believe that adopters should be held to higher standards and have to prove themselves. Why? Why not? Why should children be transferred from their parents and released for adoption if not for their betterment?