Luca is a baby of almost a month and a halfthe boy was born prematurely in Tampico, fights for his life against all odds and is already the victim of a case of discrimination because the insurer hired by his family refuses to take care of him for the mere fact of being born with an assisted reproduction method, It is one of ‘children in vitro’
Paulina Cobos, Luca’s mother, decided to undertake a legal and social struggle with the intention that the law obliges all companies dedicated to the sale of insurance recognize children in the same way, regardless of how they were conceived.
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“There is discrimination against women and children; draw the attention of the laws, of the presidents, of the senators, of the deputies, of the people who have the power to align the insurers, especially AXA, which is the one I know goes against the Constitution itself”, declared to EL SOL DE TAMPICO.
This measure of do not insure children born from assisted procreation It affects not only homoparental couples, but also women who by their own decision decide not to have a partner and conceive a child or those couples who, due to fertility problems, resort to reproductive assistance.
The story of Becca and Luca, two children victims of discrimination
Paulina along with his wife Cindy García decided to start a family, so they use of assisted reproduction treatment, from which they were conceived little Luca and Becca; the twin pregnancy developed normally and was not considered at risk.
When Paulina reached week 31, she presented a severe picture of endometriosis in which lost up to three liters of blood, what led to his practice an emergency C-section at a Tampico hospital and out transferred to intensive care.
Their babies were born well, albeit premature, however, Luca began to present serious problems For this he hoped that the child would be treated under the coverage of his health insurance and another that had been contracted for the child.
It was there that, in the midst of concern, he was informed that the insurer refused to cover the costs for being a child conceived with assisted reproduction.
“Policies cannot go against constitutional rights or individual guarantees to be managed in fertility treatments; it is a radical act of discrimination because he is saying so if you are in vitro you lose all right to be insured”, lifted up.
What conditions does Luke have to face? born premature
Because of his immaturity, Luca had a respiratory arrest and a brain problem, he had to be intubated and transferred by air ambulance to Querétaro where they have the necessary medical technology.
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“Ssuffers from cardiorespiratory arrest in which he has been dead for eight minutes; they revive him and in the process he suffers a brain hemorrhage and that’s where all the complications of him have come from,” history.
He stressed everything This treatment generated costs of up to three million pesos, Therefore, the two mothers carried out activities to obtain the resources and secure Luca’s attention in a private hospital.
“We held lotteries, lotteries, of course we took out loans from all parties to save their lives. I think that if we hadn’t done it, the girl wouldn’t be well and Luca is still not well, but she wants to”, he reported.
“They tell us that we send them to the IMSS or ISSSTE, they don’t have the technology, we discover that children are dying due to lack of personnel, devices, medicines; sending them meant saying ‘they die‘ even if it sounds very bad,” said Cindy, Paulina’s partner.
“Many people are paying for their policy trusting that by right to be a child they will insure it and now I find out that no, this is against human rights; No matter how you were conceived, you have the same rights as all children.” added.
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They embark on a legal battle: they demand the same rights for all children
This was reported by Paulina’s lawyer, Luis Héctor Rodríguez an appeal was filed for amparo before the X Tribunal of Tampico in which AXA is required to fulfill the insurance coverage of newborns, of the mother as well as with the coverage of the total payment of the expenses generated.
“They put children in a state of vulnerability because they are not covered by insurance because they are children conceived through assisted reproductive treatment.”, declared the lawyer.
“The question being asked to the court is whether natural children, because they were naturally conceived, are children with greater rights than children born under treatment”argues the interviewee.
He stressed that the amparo was used because it is believed to be a related situation that threatens health and child guarantees.
“Whether it is an act of discrimination or not is on the table, that catalog of children that AXA makes is discriminatory; What we’re asking AXA is to remove this assumption of discrimination so that it can cover insurance,” he said.
A fight for women’s rights without legal precedent
The actor pointed this out this act has no legal precedent, therefore, she felt her resolution will be critical to other families not facing such circumstances.
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“There is no precedent for discrimination against infants and women on the grounds that pregnancy is the result of treatment,” underlined.
Rodríguez specified that although in this case we are talking about the protection of newborns, reaches to women who have the right to decide when, How many children and with what procedure will they have them?
“It’s a fundamental right, I don’t necessarily have to get married or have it under natural conception, there are equal marriages and the woman who wants to be a mother without necessarily having a partner,” she added. stressed out.
Although they tried to establish contact with representatives of the Mexican Association of Insurance and Bonds (Amasfac) in Tampico to establish the position of the insurers, there was no response.
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Thus were born Paulina and Cindy, mothers of two children born with the method of in vitro fertilization, They fight for the recognition of the full rights of Becca, who accompanies them home, and of Luca, who, despite health complications, continues to cling to this complex but beautiful life.
