Surrogacy and Medi-Cal Insurance

This past week I received a telephone call from a surrogate who wanted to know if it was legal for her to use her insurance for her surrogacy. She and the Intended Parent were using a contract that he found on the Internet. The surrogate seemed to think this was okay because he is attending law school so he is an attorney. I explained to her that until he passed the Bar and obtains his license, he is not an attorney. “Oh” and then “well” was her response.

She then told me that her husband is in construction so they are on Medi-Cal (the state of California’s low-income insurance plan) so they are going to have two contracts. One that states that the Surrogate is not receiving a fee, which they will send to Medi-Cal as proof that she is doing the surrogacy for no fee and then an amendment that states the fees she will be receiving. She then asked “Is that legal?”

“No. That is insurance fraud and if the insurance company that administers your plan finds out you and your family will lose your insurance, at the very least.” I then told her to hire an attorney to protect herself and that if she wants to hire me I would charge more than my going rate because a contract found off the Internet is going to require a lot of work. I also told her to not use her Medi-Cal insurance and that the Intended Parent needs to purchase her insurance to cover the surrogate pregnancy. Frankly, I think she somehow expected me to say something different.

Insurance companies are very, very serious about insurance fraud, especially regarding surrogacy. Medi-Cal insurance does not usually have a surrogacy exclusion so as long as the surrogacy is truly altruistic and there is no compensation paid to the surrogate and the insurance does not exclude a surrogate pregnancy, it is appropriate to use it. But, absolutely not in this surrogate’s case. I wish her the best of luck as I’m afraid she’s going to need it.

German zoo: Gay penguin pair raising chick



(Berlin) A German zoo says a pair of gay male penguins are raising a chick from an egg abandoned by its parents.

Bremerhaven zoo veterinarian Joachim Schoene says the egg was placed in the male penguins’ nest after its parents rejected it in late April. The males incubated it for some 30 days before it hatched and have continued to care for it. The chick’s gender is not yet known.

Schoene said the male birds, named Z and Vielpunkt, are one of three same-sex pairs among the zoo’s 20 Humboldt penguins that have attempted to mate.

Homosexual behavior has been documented in many animal species.

The zoo said in a statement on its Web site Thursday that “sex and coupling in our world don’t always have something to do with reproduction.”

Becoming Pregnant

We are there…..What can we expect next?

Once you get over the hurdles of an IVF cycle and get the invigorating call, you can begin the emotional rollercaoster of being pregnant. As many say no pregnancy is alike nor are the few extras that come with it.

If you follow our footsteps, the carrier has to continue taking the progesterone shots until 12 weeks and the estrogen pills. You will continue to get monitored by your IVF team until your 12th week where if all looks good you will be turned over to your OBGYN.  At this point it becomes a “normal” pregnancy in the sense where you now follow OB’s instructions and planned sonograms.

You will find yourself having much more sonograms and ultrasounds then if you did it differently but this is just protocol, no need to worry if your heterosexual best friend has only had 3 in total and you are going on your sixth.

I would also recommend that you start your adoption paperwork as soon as you become regnant because it can take a few months to get things rolling.

If you qualify begin your estate planning, there are alot of essential bases you need to do to protect your family.

Wishing every family great success.

I wanted to invite you to ask me any questions that you may have during this type of procedure. I know It is alot of information to receive but Maria and I would be so excited to share our stories with you all .

Finding Perspective Parents

Hello,

If you are looking to place your child or know someone who is, please pass this along. We have dreamed of beginning this process and are ready to create a loving home for your child.  Ricky, adopted at age 1 & 1/2, understands how important being placed with a loving and caring family is and we are ready to give that wonderful gift back. We are choosing an open adoption for many reasons.  We know it is important to have adoption questions answered in a truthful and honest manner when dealing with an adopted child.  This has given Ricky acceptance, understanding, growth and maturity growing up. We wish the same for your child and look forward to making the openness work for the level you are most comfortable with.
Adoption: It’s About Love
We are excited to build our forever family through adoption.
It is an honor for us to share our family with you.
Please feel free to call our agency or email.
We would love to hear from you!
Sincerely, Anthony & Ricky
Open & Loving Adoptive Parents
VIEW OUR PRINTABLE PROFILE:
http://www.friendsinadoption.org/fia_waiting_family_profiles/ricky_anthony.pdf
Become a member of our Facebook Fan Page:
http://www.facebook.com/pages/A-Future-Together-Through-Adoption/55485353785?ref=share

Call our agency toll-free at 1-800-844-3630
Agency Email: fia@friendsinadoption.org Our Email: AFutureTogether@me.com
Website: www.AFutureTogether.com

——————————————————————————————————————————

Optional places to distribute adoption cards:
• Grocery Stores • Gas Stations
• Hair Stylists • Nail Salons
• Physicians • OBGYN
• Restrooms • Rest Stops
• Unitarian / Churches • Social Workers
• Community Leaders • Community Centers
• Community Festivals • Bulletin Boards
• College Campus • Planned Parenthood Organizations
• Family Planning Centers • Gym
• Libraries • Business Card ‘Free Drawing’ Bowls
• Telephone Booths • Networking Events
• Hospitals • YWCA / YMCA
• Free Health Clinics • Low income housing boards
• Laundromats • Shelters: Women’s / Homeless
• Senior Citizen Centers • Utility Bills
• Coffee Shops
Other places to spread the word:
• Family / Friends / Co-workers
• Adoption Website
• www.parentgallery.com
• Facebook / Fan Page
• YouTube
• Craig’s List
• Holiday / Family Newsletters
• Birthday or Anniversary Cards

Update to Providing Insurance For Your Surrogate

Now I read that Beitler Insurance, our insurance company, is being sued by New Life Agency for a surrogate’s maternity bills.   Go to http://www.reuters.com/article/pressRelease/idUS106349+19-May-2009+PRN20090519

–  Anthony

Providing Insurance for your Carrier

OK-  When a surrogacy agency tells you that your carrier is uninsured, but that it is not a problem, think twice.  We have a great carrier, and agency, but the insurance provider, Beitler Insurance has allowed medical bills to be sent directly to the surrogate, some even going into collection.  This is unacceptable.  We already funded the medical trust and don’t know why this could continue for 6 weeks.  It is a big problem now so make sure that your surrogate has her own insurance or that you have a good insurance provider.

Anthony & Gary

My Son Charlie

My son Charlie was an ordinary man who lived an ordinary life. But to his family and friends, he was extraordinary. The fact that he was gay was only a part of who he was, what was really extraordinary about him was that he was funny, and had a big heart. He was a man that could make you laugh until tears rolled down your face, and when he befriended you, he loved you wholly and completely and his loyalty had no boundaries. Just when Charlie had found someone whom he really loved and wanted to spend his life with, he died rather tragically. One minute this large wonderful man was with us, and the next minute he was gone, leaving this gaping hole in our lives so palpable you could practically fall into it. I was lucky that Tom, Charlie’s boyfriend, was able to share with me that in the hours before the car accident that would take his life, Charlie and him were together talking and kissing and telling each other how lucky they were to have found each other. It gave me great comfort to know that Charlie’s last hours were spent with the man that he really loved, and that Charlie realized he was loved in return. And you know, had he lived, I would have gladly planned his wedding (which would have drove him crazy) and proudly stood up for him at the church as he recited his wedding vows. But I never got the chance. I would give anything for my son to be with me here today and to walk him down the aisle and celebrate the fact that I raised a child that was able to love another person. Life can be hard, and as I learned, life can be very tragic, and if you can find someone who can love you and support you through not only the good times, but the really hard times as well, then you are very, very fortunate. Love between two people, any two people should be celebrated because it really is a miracle that we find each other at all.

There’s a quote that I feel really resonates with my feelings on this: We need a witness to our lives. There’s a billion people on the planet… I mean, what does any one life really mean? But in a marriage, you’re promising to care about everything. The good things, the bad things, the terrible things, the mundane things… all of it, all of the time, every day. You’re saying ‘Your life will not go unnoticed because I will notice it. Your life will not go un-witnessed because I will be your witness’.” This is true for everyone, and trust me, this is not just reserved for heterosexual marriage. It’s true for all marriages. When you love someone and decide to commit your life to them, you are saying that you will witness and validate their very existence. To deny any two people this gift is unforgivable.

Elizabeth Grosse
New York

Click here to visit Charlie’s virtual memorial.

FAMILY: Bonding, Not Breaking

Gay City News
By: ANTHONY M. BROWN
04/30/2009

What is it about families? Wars have been fought over them. History has been made because of them. Comedians and therapists have made millions talking about them. But when it all boils down, family makes us who we are, whether standing with them or running from them. And families will bond or break in times of crisis.

My husband Gary’s Aunt Elda is dying. We got her cancer diagnosis a few months ago, but only recently did it hit home that there will be no successful treatment for her ovarian/GI cancer. She had lived outside Gary’s family for many years, in large part due to Chuck, her husband. Chuck was perhaps the most prejudiced, bigoted, intolerant man I had ever met. His willingness to make racist or homophobic statements in Gary’s presence was almost as strong as his love for Elda. dscn2820

In an ironic twist of fate, Chuck’s mentor, a well-respected and successful businessman named Ralph Thomas, was also my father’s best friend. Chuck would cringe when I would talk about Ralph and his wife in very personal terms, as I saw them often before my father died. On Chuck’s deathbed, everything changed.

Chuck had suffered a series of strokes, the last one leaving him unable to communicate. Gary and I were visiting him in the hospital when I noticed that he was agitated. I knew from my father’s deathbed experience how to shift a person up in the bed by lifting the bed pad placed under the patient and on top of the bed linens. I asked Chuck if he wanted to move up. He blinked his eyes rapidly. Gary and I lifted the pad, and Chuck, successfully up in the bed. As our eyes met, I could swear I saw him crying and with that, a world of misunderstanding and homophobia flew right out the hospital window.

Gary’s father is also enduring a prolonged battle with Parkinson’s disease, which has left him mentally aware, yet also unable to communicate or walk. If he could, he would probably yell. Italians yell, that’s just the way it is. It took me, a Southern WASP with his own built-in issues, years of therapy to realize that Gary’s screaming had more to do with his heritage than anything I may have done. He learned that from his parents.

Even with the Parkinson’s, Gary’s parents yell at each other. It used to bother me, but now either I understand it or I am just used to it. While home over the weekend, we watched the ultimate tearjerker movie, “The Notebook,” based on the novel by Nicholas Sparks. It tells the tale of a man who reads a handwritten story to a woman in a nursing home everyday until she realizes, through her dementia, that it is their love story. For a few minutes, she remembers, then he is a stranger again.

At the conclusion of the movie, Gary’s mom was sitting in Gary’s lap, both crying, and I was holding my father-in-law’s hand, also crying. Tears everywhere. We all hugged each other and, in a moment that I will remember for the rest of my life, Gary’s dad looked into the eyes of his wife of over 60 years and said with unusual clarity, “I didn’t know that this was what you’ve been dealing with. I am sorry.” We all lost it. Gary’s mom replied that she loved him and that she wanted to take care of him. More tears. Gary and I hugged while this exchange occurred, knowing that a gift had just been given to everyone in that room.

Enter Michael, Gary’s older brother, who had been watching this whole emotional experience transpire with his girlfriend Xiao from the other room. Xiao is Chinese and had never met a gay person, much less a gay couple, before dating Michael. They have only been dating for a few months, but things look serious. Michael told me that Xiao had also seen the hug-fest and asked, “How long have Tony and Gary been together?” Michael replied, “Almost 20 years.” Xiao said, “Do you think we will be like that in 20 years?” Michael said, “I hope so.”

Gary and I have become the intimacy role models for the Spino clan of Greensburg, Pennsylvania. Gary’s cousin and life-long friend sought our advice when her marriage was failing. While almost everyone of my in-laws is a devout Catholic, some going to church everyday, Gary and I are still a solid and happy couple in their eyes.

Regardless what people think about their in-laws, there are lessons to be learned from them, joys and sorrows to be experienced because of them. These are the things that only a family can provide and while many on the socially conservative side of the aisle would discount my family, no one can change the fact that I am married to a man with a family that loves and respects both me and my husband. What more could I ask for?

Anthony M. Brown currently heads the Nontraditional Family and Estates Law division of the law firm of McKenna, Siracusano & Chianese and is the executive director of The Wedding Party. He can be reached at Brown@msclaw.net.

Holidays and Families…

“I have a granddaughter, sort of…” As the words left my mother’s mouth I had two distinct reactions: a cold shiver up my spine and a warm realization of just how far LGBT families have come in educating the world about who we really are.

First a little background. I think the cold shiver was, in part, due to whom my mom was talking. She was talking to my sister’s in-law that I had never met before. My husband Gary and I celebrated Thanksgiving with my family this year. Prior to our marriage in July, we always had Thanksgiving at his house and split up to celebrate Christmas with our respective families. After our marriage, we decided that we should be together every holiday, so we are now alternating. My mom told me, right before we left for my sister’s house, that her in-laws “had a problem” with Gary’s and my relationship.

Why is it that I still feel nervous around homophobes? I wasn’t even sure that they were homophobes, I had never met them, but I was still nervous because of what my mother said. Did she think Gary and I were going to spontaneously start some heavy petting right there on the floor? I know that many of us feel this way, and because of that feeling, we stay away from our families at Holiday times. Many of us just don’t want the added aggravation of having to defend our lives to the people who should support them the most.

And by the way, before her stroke, my mom was a vocal advocate for Gary and I. She would speak up to anyone in her small West Virginia town that said something disparaging about gay people. After the stroke, she got a little more tentative about putting herself in awkward situations, but not this time.

How we deal with our relatives is often a mirror of how we deal with our families of choice, our partners and our friends. I am lucky to have a very supportive family, but I am not immune to the word choices and vocal inflections of my mom, or my husband.

The warm feeling in reaction to my mom’s words, however, is the greatest thing in the world. You see; I am a father. I am blessed to have two wonderful friends, a lesbian couple, who were open to creating a family that does not fall into the traditional definition.

While my daughter has only two legal parents, I have surrendered my parental rights to the biological mom’s wife, she has two loving moms and two loving dads and lots of grandparents and so much love that she will never want for affection. Gary and I see my daughter a lot, about once a week. She even slept over with Gary and me the other weekend. Her moms live around the corner and we are becoming closer as friends throughout this whole process. It’s about trust and we are building it everyday.

More and more, gay parents are breaking new ground in the creation of family. Many of us don’t want the sterile and separate feeling that can accompany an unknown egg or sperm donor. All of us want to teach our children about love that is nonjudgmental and respects the lives of all involved. While many in the LGBT community celebrate love without children in the picture, it is a celebration nonetheless. And love is at the center.

I have to give my mother credit. She does have a granddaughter and she was brave enough to tell someone who may have never before heard of such a family. She said it to someone who may have judged my family as wrong somehow. But now, that person cannot ever say again that hers is the only type of family out there. I’ve got to go home for the Holidays more often!

Happiness

Happiness

Anthony M. Brown

Gay dad, kids receive Social Security benefits


(Washington) The Social Security Administration has reversed a decision to deny benefits to the children of a disabled gay father following a three year battle waged on behalf of the family by Lambda Legal.

“This is long awaited relief for Gary Day and his children, who just want to be respected as the family that they are,” said Lambda attorney Beth Littrell in a statement.

“The Social Security Administration is supposed to provide families with help in a time of need regardless of a parent’s sexual orientation. After three long years and a federal lawsuit, the SSA has finally come through for these children.”

In February 2006, Day completed the applications for Child Insurance Benefits for his children. He provided birth certificates and court documents that acknowledge him as a legal parent of the children. The SSA acknowledged that they received the application and promised to provide a response in 45 days.

After more than a year with no response, Lambda Legal sent a letter on Day’s behalf seeking action by the agency. The SSA still did not provide an initial determination of eligibility citing unspecified “legal questions and policy issues” involved with the application.

Day provided all the necessary documentation to establish a legitimate parent-child relationship and fulfilled all of the SSA’s prerequisites, according to Lambda, yet his family was left without the social safety net that Day had paid into for decades and that all other families are provided on a regular basis.

In May 2008, Lambda Legal, along with co-counsel from McDermott Will & Emery, filed suit against the SSA compelling the agency to act on Day’s application and urging the SSA to recognize Day as a legal parent of the children.

The agency Friday finally sent a letter to Lambda recognizing the legal relationship between Day and his children without discrimination based on his sexual orientation or family status.

“As a parent, it is my job to provide for my children,” said Day.

” I am relieved to be able to fulfill my promise and also relieved that the SSA will provide the benefits my family needs, just as they do for other families.”

“This case has always been about the welfare of Mr. Day’s children and protecting them from discrimination … The sexual orientation of their parents is and should be irrelevant to such a determination,” said co-counsel Lisa A. Linsky.