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a story every LGBTQ parent MUST read

David on Sep 15th 2007

This story comes to us from one our members on Long Island. 

I thought there was nothing more stressful than taking my four year old son to an emergency room and subsequently having him admitted to a hospital.  But living in a country that is riddled with discrimination towards LGBT people and their families makes even this task more stressful.  Today, my son Joshua is home from the hospital and I am left with a horrible feeling about what transpired.

It all started early morning on August 13, 2007 when after treating Josh with all the available asthma medicine at home and consulting with his physician I got him ready to go to the hospital.  I packed his  pajamas, a few story books, paper with crayons, some toys, the medical insurance ID card and all of his medical records and drugs that I had administered.  As Joshua’s other dad, Andy (my “husband” for almost 22 years) was also coming with us to the hospital, I ran back to get Josh’s birth certificate.  I thought with that extra document no one would question having both of Josh’s dads in the emergency room. (Joshua’s birth certificate lists both of us as his parents)

As we drove to the hospital, I said to Andy that I was glad that I remembered to take his birth certificate.  As gay parents, we have discovered there are always other steps that we have to perform in order to be allowed to take part in some of the most basic parental rights like hospital visitation.  Most LGBT couples realize this about visitation rights of their partners in hospitals but as gay parents it has taken us a few years to get used to this same procedure for our son.  I am not suggesting that I agree with these procedures, it is just today’s reality.

In the E.R., while they were administrating the steroids and other treatments, the doctors stated they were amazed at how efficient and organized we were with all of Joshua’s medical records.  They said, “Most parents do not bring all this information, it is a real help”.  Those proud parenting feelings soon faded and turned into rage when they started the process of admitting Josh for an overnight stay.  We went from being organized parents to having to prove that we were parents in the first place.

The nurse politely stated, “Pediatrics, upstairs is asking me to ask you if you have all your adoption papers.”  When I asked this E.R. Nurse if any other parent at the hospital had to prove their rights over their children she said “No, I am just repeating what they asked me to ask you.  When you go upstairs you can talk to them in pediatrics.” Upon arrival to pediatrics the same question was asked of us.  The pediatric head nurse said, “I need these papers in order to admit Joshua.” I was very clear to that nurse when I asked her, “Did any of the other parents in pediatrics have to prove they were the legal guardian over the children they brought into the hospital?”  She did not answer that question.  I informed her that I did have my son’s birth certificate but not his adoption papers.  Although upset about feeling as if we were being treated differently than any other parent, I begrudgingly handed Joshua’s birth certificate over to the nurse.

I pointed out to the nurse that the two parents listed on the birth certificate were Andy, and myself.  When she informed me that the birth certificate would not be good enough she needed to make sure that Joshua’s mother would not have a problem with him being admitted, my blood pressure hit a new all time high!  I said to the pediatric nurse, “If you can see on the birth certificate (I might add the original birth certificate), Joshua does not have a mother.”  Listen she said, “I need his adoption papers, I do not want to have a problem with anyone claiming you did anything wrong.”  I asked as politely as I could, “Is this the procedure for all parents who adopt children?”  She did not answer but stated, “Look, I do not want anyone to come around and claim that they were Joshua’s mom….”  I cut her statement short with a louder and firmer declaration that JOSHUA DOES NOT HAVE A MOTHER!!!!!!!!!!!!!!!

It took me a moment to calm down.  I did not want to have any problems admitting Joshua to the hospital when he clearly needed to stay.  I then stated to the nurse, “First, a changed birth certificate is issued after an adoption; there should be no need for any other papers.  Second, our adoption papers are in a safe deposit box and we could not get access to it at this time.”  I did ask her if she expected parents to carry around adoption papers all the time in case of an emergency.  Again, there was no reply to that question.  She took the birth certificate to copy and at one point dropped the issue of requiring Joshua’s adoption papers.

Joshua received amazing care at the hospital.  Although I will never be sure how much delay was caused by not having all the papers handy.  It did take us almost three hours to actually admit Josh to the hospital.  He is now home recovering from his ordeal.  My point in telling this story is to show the difficulties that LGBT families face at South Nassau Communities Hospital on Long Island, New York.  I am left to wonder what would have happened if during the stress of our situation I had forgotten to take Joshua’s birth certificate.  For now it appears that I should be walking around with my file cabinet attached to my back.  I have learned from past experiences with this hospital that I need to carry around my Power-of-Attorney and Health Care Proxy forms for me and my husband and now I will have to carry around our sons birth certificate and his adoption papers.  One never knows when an emergency will occur.  I do understand the concerns the hospital has with regard to these matters.  No one would want the oversight of their child to be anyone other then themselves or a chosen guardian.  The questions the nurse asked me might have been acceptable if they were asked to a single other parent at that hospital.  After asking other parents at the hospital if they were asked to prove parental rights, I found out we were the only family singled out.



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4 Responses to “a story every LGBTQ parent MUST read”

  1. Luison 16 Sep 2007 at 5:45 pm

    David thanks for posting this article. Outrage doesn’t even begin to describe the feelings that I initially felt while I was reading this article. Now my outrage is subsequently replaced by feelings of determination.

    Determination to live to see the day that this never happens again to ANY LGBT families in this country again. Things have changed a lot over the past several decades and we have to work continuously to keep that change going forward.

    This can only be achieved by being OUT as LGBT headed families and letting the world around us see that as a fact and that we expect and deserve all of the same legal rights and privileges as any other family. On what “legal” basis can they possibly deny us these same rights and privileges readily enjoyed by others? Just because they are greater in numbers than we are? Just because the “status quo” says that “It’s always been that way” and that’s the way that things have to be? B.S.

    Can’t humanity evolve and grow as it learns new things about itself through scientific advancements and discoveries? I say, “Yes!”

    I believe that there is hope. And it’s this hope that keeps me moving forward.

    Hoping for a better future. For my children and myself.

  2. Danaon 16 Sep 2007 at 9:07 pm

    This is a frightening story.

    I think it is also vital for same-sex couples in states that in some cases allow both partners names to go on a birth certificate without needing an adoption (CA, MA, NJ) to heed the advice of the National Center for Lesbian Rights (cited below from an interview at Mombian with Cathy Sakimura, Equal Justice Works Fellow at NCLR):

    We do strongly recommend that everyone who is not a biological parent obtain an adoption or court order of parentage, even in states such as Massachusetts. If you do not have such a judgment, it is possible that you will experience difficulties in having your parent-child relationship honored when traveling to other states and countries or when dealing with the federal government. If the federal government does not legally recognize you as a parent, your children would be ineligible for social security benefits in the event of your death, you would not be able to obtain a passport for your child without your child’s legally recognized parent, and your children may be denied other federal benefits.

  3. Jeff Friedmanon 17 Sep 2007 at 10:30 am

    David-

    Thank you for posting my story. Your readers should know that I have already contacted the NYCLU (New York Civil Liberties Union). They have been in contact with the hospital and are awaiting a response. There admittance practices need to be re-evaluated and corrected. All LGBT parents should know their rights when it comes to hospital procedures. I will update you with the hospital’s response.

  4. Deleon 17 Sep 2007 at 6:12 pm

    Wow, that story gave me shivers. As lesbian moms of an adopted son, we have always feared this sort of thing, too. Lucky for us, we live in California and we have had very little of this type inquisition about our parenthood. Our son has had several medical issues—nothing serious, just allergies and the usual kid stuff—- so the good part of this is that all the doctors know us. If we were to have an emergency out of our aren, God only knows what might happen. I am scared, annoyed and outraged.

    Best of luck to you! We’ll be thinking of you. I hope your son is doing much better!!!!!!!

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