Wednesday, October 5, 2011 at 02:14PM 
It's a gloomy day here in Southern California, but this story of a surrogate and the couple she carried two children for, will brighten anyone's day. Commercial surrogacy is illegal in the UK, but medical expenses, some living expenses and lost wages are permissible. Interested in an international surrogacy arrangement? Call our office to schedule a consultation at 310.598.6428.
Thursday, September 22, 2011 at 05:20PM 
As we find ourselves in the beginning of another school year, The Family Equality Council is trying to raise funds and awareness about issues surrounding children of LGBT households and issues that they face in school.
In a publication entitled “Opening Doors: Lesbian, Gay, Bisexual, and Transgender Parents and Schools” the Family Equality Council discusses the role LGBT parents can play in their child’s education as well as helping to open the door to a safe, more inclusive world for all families.
Making schools a safe place for all children is a complex task and has far reaching implications. Now is the right time to consider the issues of LGBT-headed families, as many school systems are examining their policies and practices and officially declare that they will not tolerate discrimination.
Especially helpful for this time of year, there is a section of the booklet titled; “How LGBT Parents Can Help With Their Children’s Education” and we’ve reprinted the following tips below. For more stories from children, parents, teachers, facts and information, click here to view the entire booklet on the Family Equality website.
Determine your level of comfort in being open. For a variety of reasons including custody issues, job security and personal safety; you may choose to be less open. Become as empowered and informed as you can so that when an opportunity arises you will be prepared to take a step.
Be as open as possible about your relationship. School personnel cannot be supportive of family constellations about which they have no knowledge. If you choose to label the other same-sex adult as an “aunt”, “roommate”, etc., the school will not know there are LGBT-headed families in the school or community and they may see no reason to incorporate any information about them into the curriculum.
Find a way to contribute to your children’s school community. The single best way to become accepted in a school community is to establish a presence within it. Devote as much time as you can spare - at least a few hours over the course of the school year - to PTA meetings, committees, classrooms, trips, tutoring or potlucks. Let people get to know you and your children as individuals. Don’t be limited by labels or stereotypes.
Provide your children’s school with appropriate language and resources. Tell the teachers who is in your family and the names your children use to identify them and provide a glossary of correct terms for LGBT families. Give the library a list of books, videos, and other educational materials and encourage school administrators and librarians to purchase these materials for the school.
Seek to create support from other LGBT parents and/or organizations. You may find that you are not the only LGBT parent(s) in the school or in the area. You may believe you are, but if your relationship is hidden, the same may be true for others. To get a list of local organizations and family activities, visit the Family Equality Council website at www.familyequality.org.
Advocate for your child, but do so in a manner that respects the world of the school personnel. Schools have hundreds of children to educate, ever-shrinking budgets to juggle and people’s careers to manage. Most schools want to accommodate all children and all families in the best way possible, but please keep in mind that your child’s needs are not the school’s only concern. Also remember that ignorance does not necessarily equal homophobia or transphobia; just because a school hasn’t addressed LGBT family issues, doesn’t mean it won’t address them if asked to. If you approach educators with information, confidence and patience, they are much more likely to be receptive to your messages than if you charge in with anger and defensiveness.
Be sensitive to the ever-changing needs of your child. At some point children need to be given a certain amount of control over what, when and to whom things are said. Pay attention to his/her signals and consult with your child/ren about these issues.
For more information about LGBT legal issues including domestic partnerships, domestic partner adoption, parenting plans, custody matters or domestic partnership dissolution, call our office at 310.598.6428 or email info@kestenlaw.com.
Tuesday, August 23, 2011 at 05:24PM The number of Americans who have children and live together without marrying as increased twelvefold since 1970, according to a report that was recently released by the University of Virginia. This new generation of children is more likely to have unmarried parents than divorced parents.
The report was published by the National Marriage Project, and the Institute for American Values, two partisan groups that advocate for strengthening the institution of marriage.
The report cites data from the Census Bureau as well as the Centers for Disease Control and Prevention, and includes work from 18 researches who study family issues.
According to the National Survey of Family Growth, part of the Centers for Disease Control, 42 percent of children have lived with co-habitating parents by age 12, far more than the 24 percent whose parents have divorced.
Read the full article on NYTimes.com
Friday, August 5, 2011 at 05:00PM Many women contact our office who are "thinking" of using an anonymous or known sperm donor to start or grow their family. We've come across a few wonderful sites that offer a great community and fantastic support network.
Check out:
www.ChoiceMoms.com
www.SingleMothersByChoice.org
www.SingleMommyhood.com
Have questions about using a known or anonymous donor? Not sure what needs to be in your contract with a known donor? Contact us for a complimentary consultation by calling 310.598.6428 or send an email to info@kestenlaw.com.
Monday, July 18, 2011 at 07:27PM Much debate surrounds this issue of using someone’s sperm posthumously but it usually involves a husband or partner who has passed away. In this case, it is a mother who is seeking to conceive a child by collecting her son’s sperm while he lay in a coma and on life support.
According to the U.K.’s Daily Mail, 44-year-old Marissa Evans has found a surrogate in Mexico who is willing to carry her grandchild. She has also hand-selected an egg donor from a list of potential candidates and now must only secure the financing to proceed with her plan.
In 2009, Evans’ son, 21-year-old Nikolas Evans, sustained a head injury while trying to break up a fight in Austin where he fell, hit his head and lost consciousness.
The article on NBC.com cited Tom Mayo, director of Southern Methodist University’s Maguire Center for Ethics and Public Responsibility, agrees with the sentiment. Mayo told the Associated Press in 2009 that the desire to replace a deceased child is a classic scenario that, in this case, took a nontraditional turn.
“This is a tough way for a kid to come into the world. As the details emerge, and the child learns more about their origins, I just wonder what the impact will be on a replacement child,” said Mayo.
The United States does not have specific legislation regarding the rights of men on gamete donation following their death, which leaves the decision in the hands of individual clinics and hospitals. As such, many medical institutions implement in-house policies regarding circumstances in which the procedure would be performed.
Many ethical issues surround the extraction and use of gametes from cadavers or patients in a persistent vegetative state. The most debated are those concerning religion, consent, and the rights of the surviving partner and child if the procedure results in a birth.
This complex legal issue can arise in a variety of circumstances. For a more information and to schedule a consultation with Kesten Law, please call 877-887-4403 or email info@kestenlaw.com.