Thursday, December 21, 2006

Domestic Adoption The increasing role of the birt...

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Domestic Adoption
The increasing role of the birth family

Recently an agency has been brought to my attention indicating that they deal with states who have little to no revocation laws regarding adoption. Finding it difficult to believe I went on their website and then researched the laws of the states they utilize. While it is true there are some states that have virtually no revocation provisions meaning, once the documents are signed and/or the child is turned over to the adoptive family, the birth mother can no longer change her mind. All statues in all states however, have a provision allowing revocation in the event of fraud of duress. Such is the fodder of the adoption lawsuits which paper the country. Additionally, the agency in question claims to foster a positive and "close" relationship between the adoptive family and the birth mother. This may be the way of the future of adoptions in this country but in my mind it is not the preferred method of adoption. I for one pray for the birth mother of my adopted child and bless her and thank her for my wonderful daughter. But I am not interested in having her as a part of our lives. Call me selfish, cruel or uncaring,but in my mind, her role in my daughter's life ended on the 6th day of my child's life when she put her in an orphanage. My beautiful child spent the next 15 months of her life, starving for food and attention not to mention mental stimulation. In the six years we have her, she has become healthy, happy and the joy of our lives. It was a lot of work and still is, to get her where she should be at this point in time, and I have no desire to share her. Of course my child is fully aware of the fact that she is adopted and that we traveled around the world to get her. Make no mistake I will also give her any and all information she needs if she chooses to try to find her birth family when she is older. In fact I have already told my husband I will travel with her if she wants. For now though, let me enjoy her without sharing...Russia is a lot further than Oklahoma and frankly I like it that way.

Thursday, November 30, 2006

The Hague Convention New Rules 2007 The hot news ...

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The Hague Convention
New Rules 2007

The hot news in international adoption at this juncture is the implementation of the Hague Convention Treaty set up to safeguard international adoptions. Major Advantages of the Convention and Its Implementation as per the State Department website states:

Provides, for the first time, formal international and intergovernmental recognition of intercountry adoption.
Recognizes intercountry adoption, as defined and treated by the Convention, as a means of offering the advantage of a permanent family to a child for whom a suitable family has not been found in the childÂ’s country of origin.
Establishes a set of internationally agreed minimum requirements and procedures uniformly to govern intercountry adoptions in which a child moves from one Convention party country to another.
Requires that countries party to the Convention establish a Central Authority to be the authoritative source of information and point of contact in that country, to carry out certain functions, to cooperate with other Central Authorities, and to ensure effective implementation of the Convention in the United States.
Provides a means for ensuring that adoptions made pursuant to the Convention will generally be recognized and given effect in other party countries.
Facilitates the adoption by U.S. adoptive parents of children from other party countries through an expanded category of children, safeguarded by the Convention, who will qualify for immigration and automatic naturalization in the United States.
Certain countries have already been apart of this treaty, however to date the United States was not.
That meant that international adoption previously was conductedthroughh the foreign country and the United States had very little to do with the adoption except with regard to INS approval. Now agencies who have previously worked only with foreign governments to procure these adoptions need to deal with the US government as well.
What does this mean to the average adoptive couple? Another layer of government has been added to the mix,bringing with it the usual additionalbureaucraticc requirements and additional paperwork andproceduress not yet outlined. Chances are this new wrinkle will slow down adoptions somewhat as agencies and the new governmental agency will need to feel there way through uncharted waters for a while until they have established a firm policy.
The good news is of course, there are many more safeguards in place for the adoptive family enabling them to recoup lost money in the event an adoption falls through and in fact make it such that adoptions should no longer fall through the cracks. As the agencies scramble to insure that all goes smoothly with theirclientelel the actual additional requirements will not be known for a while. The best advice is to find an agency already accredited internationally and begin the application process as soon as possible. There is a good chance that applications in process may be exempt from the new additional paperwork, but that is yet to be seen. I will keep an eye on this and keep you posted.

Sunday, November 12, 2006

So A Couple Came Into My Office Today.... And I ...

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So A Couple Came Into My Office Today....

And I believe I talked them right out of Private Domestic Adoption. God forgive me if I have done them a disservice but the thought of representing any party again in a private adoption had me ready to hand in my happy law credo and dive back into my divorce trenches. This positively nice couple came in with all intentions of placing an 800 number in the paper and housing and meeting a frail young pregnant woman who wanted her child to have a better life. They were absolutely rosey in their concept of the how this was a wonderful idea of the young woman who may have found herself in a jam and the poor infant who would otherwise have a very difficult childhood. As I forced myself to not start screaming about how you couldn't be sure who to trust and who not to trust and the fact that they could very well be walking right into a con; helping a woman who actually had no intention at all of giving up her child but wanted financial help throughout her pregnancy and then conveniently changes her mind when the infant is produced. Or perhaps just some gold digger who wants to play "How much for that Baby In Utero?" Oh, don't worry, I stopped myself before I lost control and ran screaming from the room. I just very calmly started listing the cons of entering into this time of "agreement" though it is far from an agreement in this country where the baby is the one truly unprotected. I stressed the fact that the relinquishing of the child could not be made until the child was born and that they would have already made a hefty financial and emotional investment by that time. I then segue into the forum of International Adoption. I proceeded to advise them that in this type of adoption the children were usually already free for adoption and there would be no dealing with birth mothers. There are no open adoptions internationally, nor are there negotiations as to fees or expenses. Forgive me I said if I feel very strongly here, but I recently represented a birth mother who is in the process of suing for the child back and has implemented me in the course of this saying I forced her into this process. Of course that is the furthest thing from the truth and in fact, I believe that I was the one duped in all of this. I firmly believe this was a hoax from day one and that myself and the adoptive parents were pawns to this addict (no, I didn't know she was an addict at the time)and I had no plans to put myself in such a position again. International adoption was much more agreeable to me in that my experience was by far the happiest and most rewarding time of my life. This couple left with a new idea and lots of websites and warm fuzzy feelings. Be it China, Russia, Guatemala or the Ukraine anyplace but the United States is the place to go for adoption....Yup just ask my girl....She'll tell you.

Friday, November 3, 2006

International Adoption is Never A Bad Idea My da...

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International Adoption is Never A Bad Idea

My daughter has long blond hair and green eyes. She was 16 months old when we adopted her and was shortly on her way out of the infants hospital we had found her. The chances of adoption after the age of 12 months drastically drops in countries such as Russia, where only healthy infants are desired by the Russian people. Many cannot even afford to take in another child. Once a child in Russia reaches the age of 16 they are turned out into the street to find their own way. Most of the girls turn to prostitution and the boys turn to drugs. China has a similiar story to tell, with the one child rule, the Chinese are unable to adopt their own due to the violation of their country's laws.
Where then, do these purported advocates of these children come off telling everyone including CNN that maybe international adoption is not in the best interests of these children and that perhaps they are better off in their communities. Who is there to raise them in these communities is the questions? No one is the answer. These children are left to beg for their own well being.

Friday, October 27, 2006

The Madonna controversy How Does It Effect Intern...

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The Madonna controversy
How Does It Effect International Adoption?

Last night while I was waiting for my son to finish his homework, I got to do something I rarely do which is watch the evening news shows. All the talking heads were alternating between discussing the Michael J. Fox commercials and the Madonna adoption controversy. Of course the one show had a very upset commentator who was an adoptive father was very upset with Madonna for what he claims will ruin it for the rest of us who want to adopt internationally. Of course the controversy revolves around the fact that purportedly the laws for adoption in country of her adoption require the adoptive parents to reside in the country for an 18 month period. That seems a rather onerous task to ask of adoptive parents, but if in fact that is their rule, so be it. However, as the mother of an internationally adoptive child, also know that rules abroad involving adoptions are routinely changed or waived. The judge in our case (as well as the entire group traveling with us) all had the wait period waived. He must have been in a good mood that day. In our case we were told that there could be one to four week wait period before we could leave with the child. We were prepared to leave and come back due to the fact that we left other children at home. We were lucky in our case. Why can't it be Madonna was also lucky? Why wasn't her judge permitted to waive the requirement as was our judge? Is it because she is famous, and her adoption is public news, that she must be forced to a higher standard? I would be interested in seeing if any other adoptive parents were forced to reside for an 18 month period before leaving the country with the child. I would venture to say this "rule" is routinely waived. Isn't it more important that the child will be cared for properly and shouldn't we take into consideration that the child had been in an orphanage from 2 weeks after birth?

I think we need to re-evaluate our priorities and remember that we need to apply a best interest test in dealing with children. Who does the 18 month residency requirement benefit? Clearly not the child, who would thrive with nutritious food and medical care not readily available in his present environment.

We all want to think that the rich get favors you and I never do; but in this case I really don't believe the favor was granted because she bought it. I think the waiver was granted because the child deserved to begin his healthy new life as quickly as possible.

Saturday, October 21, 2006

Happy Law This was supposed to be the area of th...

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Happy Law

This was supposed to be the area of the law that made families instead of destroyed them. This is what I bragged to my staff when we entered this field. Silly me, I naturally forgot we were dealing with human nature.

Recently many of my adoption petitions have dealt with step parent adoption. Sometimes there is a parent who cannot be found, that is the easy type. Many times the parent can be found and must be given the right to object. Of course in my experience they always want to object. What ensues of course is then a hearing to see if that particular parent's rights should in fact be terminated. A pretty hefty burden.

Then we have the "I want my baby back." adoption nightmare. Again this is all too common here in the United States where we tend to bend over backwards to protect parental rights most times to the detriment of the children involved. Private adoptions in this country are a never ending source for the Lifetime Movie Network. They bring us all to tears and have helped to increase interest in International Adoptions, where children are free for adoption even before the potential adoptive couple has seen them. Orphanages internationally take abandoned or abused children in and immediately terminate parental rights. Here in the United States because of our individual freedoms and the right to contract; pregnant women enter into agreements all the time with potential adoptive parents who hope at the end of the day the mother signs the documentation required to relinquish her rights and doesn't change her mind. These couples invest time and money into this process while the birth mother can literally coast along being taken care of throughout her pregnancy and choose at the very end to change her mind. Most of these women can not afford to repay the adoptive parents, and although certainly they are entitled to all of the money they expended, as with any other judgement, the trick is in the actual collection. Aside from Private Adoption in this country we have our version of orphanages known as the Foster Care System.

No one can tell me the foster care system in this country is the best way to reconnect a family. Most children placed into the system get stuck there for years while the justice system keeps giving the child's parent yet another chance to clean up their act. Frankly, there should be a higher standard for these parents and the children should be available for adoption sooner than they presently are. Yes, the system has changed a bit and there are supposedly strick timelines in place but young children can still be in foster care for quite a while before they are eligible for adoption; and more importantly their wayward parents are given chance upon chance to show that they are now capable of caring for this child.

So we ask our yuppy and preppy couples to put their lives aside to make room in their hearts and lives for a child in need of a home, only to boldly strip them of this child when the biological parents decide they now want to be a parent. What kind of justice is served by a system which allows a child to reap the benefits of a healthy normal enviorment only to be stripped of that lifestyle once addict Mom or convict Dad decide they are now rehabiliated and want the chance to parent again? Six months or even one year down the road, the child will find themselves on the doorstep of yet another foster home, moved from house to house with only paper bags filled with the few belongings they allow themselves to own due to their constant upheaval. Perhaps the laws should be changed yet again, once a biological parent gives a child up there are "no backsies." A child is not a playing card. Look at the home and the environment not just the biology. The best home should win out, not the similarity of genes. Let's give the children more rights and their parents who should know better, less.

Saturday, October 14, 2006

Parasites; Guardia; Lactose intolerance Reading ...

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Parasites; Guardia; Lactose intolerance

Reading through the blogs of my fellow international adoptee parents I see that many of them are experiencing the very problems we did upon our arrival home with my daughter. My daughter loved everything we fed her, however, she had the most explosive and vile smelling bowl movements. We of course had her on soy right from the beginning knowing that lactose intolerance could be a problem and the issue did not abate.

We were a regular at the physicians office her first month home. Dealing with double ear infections, strep throat and what was diagnosed as Guardia. A parasite actually in her intestines which produced this horrendous bowl movement. The course of antibiotics for the removal of this parasite is a vile tasting pink liquid which we basically forced down my child's throat with a liquid syringe type gagit. The parasite which is said to be common in day care environments and especially in countries where the water quality is not up to snuff, usually takes two rounds at least of antibiotic to get out of the system. Once the parasite is gone, however, you child's little tummy is depleted of all the important bacteria it needs to digest non parasital food. Now enter acidophillas. I'm sure I have misspelled it and I even have trouble saying it. This is a health food store powder that has the same ingredients as yogurt.

Eventually her digestive tract normalized and my child was no longer exploding. The next issue she faced was seasonal allergies, but that is another blog for another day.....

Monday, October 9, 2006

The Homestudy There is no set format that adopt...

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The Homestudy


There is no set format that adoption agencies use to conduct home studies. They must follow the general regulations of their State, but they have the freedom to develop their own application packet, policies, and procedures within those regulations. Some agencies will have prospective parents attend one or several group orientation sessions or a series of training classes before they complete an application. Others will have their social worker start by meeting with family members individually and then ask that they attend educational meetings later on. Usually agency staff members are glad to answer any questions and to guide applicants through the process.

The home study itself is a written report of the findings of the social worker who has met with the applicants on several occasions, both individually and together, usually at the social worker's office. At least one meeting will occur in the applicant's home. If there are other people living in the home, they also will be interviewed by the social worker
On average the home study process takes three to six months to complete, but it can take longer through public agencies or less time through non-licensed facilitators. The home study process, the contents of the written home study report, and the time it will take to complete vary from State to State and from agency to agency. In general, the following information is included in the home study:

Personal and family background-including upbringing, siblings, key events, and what was learned from them.
Significant people in the lives of the applicants
Marriage and family relationships
Motivation to adopt
Expectations for the child
Feelings about infertility (if this is an issue)
Parenting and integration of the child into the family
Family environment
Physical and health history of the applicants
Education, employment and finances-including insurance coverage and child care plans if needed
References and criminal background clearances
Summary and social worker's recommendation.

The following sections will describe typical information or activities that will be required of families who want to adopt:

Autobiographical Statement
The autobiographical statement can be intimidating, but it is essentially the story of your life. Most agencies have a set of guidelines that detail the kind of information they require to assist you in writing the autobiography, and others have the worker assist you directly. You may be asked to describe who reared you and their style of child rearing, how many brothers and sisters you have, and where you are in the birth order.
Your statement may answer many questions. Were you close to your parents and siblings when you were a child; are you close now; how much contact do you have with them? What are some successes or failures that you have had? What educational level have you reached; do you plan to further your education; are you happy with your educational attainments; what do you think about education for a child? What is your employment status; your employment history; do you have plans to change employment; do you like your current job?

If you are married, there will be questions about your marriage. These may cover how you met, how long you dated before you married, how long you have been married, what attracted you to each other, what your spouse's strengths and weaknesses are, and the issues on which you agree and disagree in your marriage. Others may ask how you make decisions, solve problems, settle arguments, communicate, express feelings, and show affection. If you were married before, there will be questions about that marriage. If you are single, there will be questions about your social life and how you anticipate integrating a child into it, as well as questions about your network of supportive relatives and friends.

In your statement, you will probably describe your ordinary routines, such as your typical weekday or weekend, your hobbies and interests, and your leisure time activities. You may also describe your plans for childcare if you work outside the home. There will be questions that cover your experiences with children, relatives' children, neighbors, volunteer work, babysitting, teaching, or coaching. You might be asked some "what if" questions regarding discipline or other parenting issues
You will probably be asked about your neighborhood: How friendly are you with your neighbors? What kind of people live nearby? Is it a safe area? Why did you pick this neighborhood? Are you located conveniently to community resources, such as medical facilities, recreational facilities, shopping areas, and religious facilities? And you will be asked about religion, your level of religious practice, and what kind of religious upbringing (if any) you will give the child.

There may also be a section on specific adoption-related issues, including questions about why you want to adopt, what kind of child you feel you can best parent and why, how you will tell the child he or she is adopted and when, what you think of birth parents who make an adoption plan for their child, how you will handle relatives' and friends' questions about adoption, and whether you can bond to a child not genetically related to you.

You may not know all these answers right away! A home study is supposed to help you think through these issues. Hopefully, the social worker guiding you through the home study process will offer advice on describing these topics.

You will be asked to provide a copy of your birth certificate, your marriage license or certificate, and your divorce decree, if applicable.

Health Statements
Most agencies require a physical exam of prospective adoptive parents, or at least a current tuberculosis test (X-ray or scratch test). Some agencies that only place infants with infertile couples require that the physician verify the infertility. Others just want to know that you are essentially healthy, have a normal life expectancy, and are able to physically and emotionally handle the care of a child. If you have a medical condition, but are under a doctor's care and it is under control (for instance, high blood pressure or diabetes that is controlled by diet and medication), you can probably still be approved as an adoptive family. A serious health problem that affects life expectancy may prevent approval.

Income Statement
Usually, you are asked to verify your income by providing a copy of your paycheck stub(s), a copy of a W-4 form, or an income tax form (1040 or 1040 EZ). You will be asked about your savings, insurance policies, and other investments and debts, including your monthly mortgage or rent payment, car and charge account payments, etc. This helps determine your general financial stability. You do not have to be rich to adopt; you just have to show that you can manages your finances responsibly and adequately.

Thursday, September 28, 2006

Hosting A Child; Testing the Waters of Internatio...

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Hosting A Child; Testing the Waters of International Adoption
Family Builders Finding a Forever Family

Recently I met a lovely family who called themselves international adoption "facilitators" specializing in Ukrainian adoptions. When I adopted my daughter from Russia over 5 years ago I called my "facilitators" angels. In the world of adoption that is indeed what they are. This family of facilitators tries to put together a number of families interested in "hosting" an international child(who by the way is already free for adoption) for a three week period. During the host period the family is asked if they would be interested in adopting the child they are hosting.
Children deemed appropriate for the rigors in international travel and who are or will soon be free for adoption are selected by their orphanage director and Ukrainian coordinator. The children are free of communicable diseases and they have been vaccinated according to American standards. The children are escorted throughout the flight by an interpreter who is available to the host families. Most of these children do not speak English, but over the course of the next three weeks the families and these children some how manage to communicate. Children who are age 5 or older and legally free for adoption are given preference to families who have had a previous and positive contact with them. In general, Ukrainian people are not interested in the adoption of "older" children, although as in Russia the Ukrains and the Russians are given first priority over Americans interested in adopting a particular child. The child is also given the opportunity do decide whether or not he/she wants to be adopted by the host family, but most times the decision is mutual.
In order to host a child a mini home study or completed home study is required; 2 letters of recommendation (from non family members) police clearance, and the completion of an online course on "Hosting Children From Abroad."

These American Angels have made connections in the Ukraine with facilitators who are experienced and well liked by the directors of the orphages in the region.
Hosting a child is an excellent way for families to decide whether or not international adoption is right for them. What better way to alleviate fear than to experience the joy of having child in your home and being a part of your daily lives. Even if the family chooses to by pass the adoption experience, the experience they have given this child and the effect it will have on their own family in years to come is priceless.
Family Builders can be emailed at linnpenn21@optonline.net or contacted at 631-751-0758.

Thursday, September 21, 2006

National Adoption Day or Gotcha Day I was inform...


National Adoption Day or Gotcha Day

I was informed this week that on or about September 19 was National Adoption Day. I attempted to verify that date but at this writing was unable to do so. I do however, know all about "Gotcha Day". This is the term used by many in the adoption community as the name of the day the parents of an adopted child either take home their new child, or finalize the adoption. It is used interchangeably or at the family's whim in symbolizing for them the day they all became a family. It is sort of like an "unbirthday" a day not your birthday that you celebrate like it is your birthday. Unbirthdays are especially useful for Christmas babies, who feel they get shortchanged by getting presents for the holiday and having people call it also a birthday gift.

When we "got" my daughter we started to celebrate "gotcha day" until it seemed like "gotcha day" was every day! I wanted to just keep celebrating our new family and we eventually settled on her birthday for our big celebrations.

Recently I saw some adoption magazines making reference to "gotcha day" and saying that the term was no longer PC and now carried with it a negative connotation of sorts. I am still trying to rationalize what the negative connotation could be but fail to come up with anything. Any celebration that makes a family feel good should be embraced. Afterall isn't that why we have celebrations throughout the year? My children are convinced that we are multi cultural because we celebrate just about every holiday on the calendar and attempt to learn about the history and heritage of the particular event. We have had Passover sedars in my home; we never fail to celebrate Cinco de Mayo; St. Patricks Day always involves corned beef and recently one of my children asked that we investigate Kwanza for a possible inclusion into our celebratory calendar.

So whether you were born this week as was my latest client, or you are celebrating a "gotcha day" event, as is the same client; Happy, Happy, Enjoy!

Thursday, September 14, 2006

Making the Decision to Place Your Child For Adopt...

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Making the Decision to Place Your Child For Adoption

The decision to place a child for adoption is not only a life altering decision it is one decision which cannot be reversed. I came across this questionaire designed to help a birth mother decide whether or not adoption is right for them. I took some liberties in adding some of my own questions and tayloring the ones that I found based on some of my clients concerns. I hope those of you who may be considering this as an option find these helpful.

1. Is it ok to keep in mind what is good for myself as well as the baby?

2. Am I making this decision or is someone else?

3. Am I usuing responsible logic to make this decision or am I rebelling against or yielding to someone else's desires?

4. How will this decision affect my family? Should I involve them?

5. Do other people's feelings matter in making this decision?

6. How much should I listen to friends, family, community acquaintances and the birth father?

7. What are the feeling I have about my decision? Guild, pride, fear, relief?

8. Does having and raising a child fit the lifestyle I want?

9. Could I handle a child(another child) and a job at the same time?

10. Would I be ready to cut back my social life and spend more time at home?

11. Would I miss my free time and privacy?

12. Could I afford to suppor a child(another child)?

13. Do I really know how much it takes to raise a child?
(to answer this question make a list of furniture, clothing, toys, food, diapers etc..that you will need for a child and price them)

14. Do I want to raise a child in the neighborhood where I live now? If not,would I be willing and able to move?

15.Would a child change my education plans?

16. Do I have the energy and the money to go to school and raise a child at the same time?

17. Am I willing to give a great part of my life-at least 18 years- to being responsible for a child and spend a large portion of my life being concerned about my child's well being?

18. Am I ready to put a child's needs before my own?

19.Do I like doing things with children? Do I enjoy activites that children do?

20. Would I want my child to acheive things I wish I had, but didn't?

21. Would I expect my child to keep me from being lonely in my old age?

22. Do I expect my child to make my life happy?

23. Do I like children?

24. When I'm around children for a while, do I wish I could have a child around all the time?

25. Do I enjoy teaching others?

26. Do I want to give a child the love he/she needs? Is loving easy for me?

27. Am I patient enough to deal with the noise and the confusion and the 24 hour a day responsibility?

28. What kind of time and space do I need for myself?

29. What do I do when I get angry or upset? Would I be likely to lose control and hit a child?

30. What does discipline mean to me?

31. Whad does freedom, setting limits, or giving space mean?

32. What is being too strict or not strict enough?

33. Would I want the perfect child?

34. How do I get along with my parents? What will I do to avoid the mistakes my parents made?

35. How would I take care of my child's health and safety? How do I take care of my own?

36. What if I keep a child and find out I made the wrong decision?

37. Will I be able to respond to a child's medical emergencies and care for the child?

38. Does my partner want to have a child? Have we talked about the reasons?

39. Could we give a child a good home? Is our relationship a happy and strong one?

40 Are we both ready to give our time and energy to raising a child?

41. Could we share our love with a child without jealousy?

42. What will happen if we separated after having a child, or if one of us should die?

43. Do my partner and I understand each other's feelings aboutreligion, work, family, child raising, future goals? Will children fit into these feelings, hopes and plans?

44. Have I discussed my situation with my family? How do they feel about my becoming a parent? How do they feel about the child being adopted?

Thursday, September 7, 2006

Gay Adoption Like many issues involving sexual o...

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Gay Adoption

Like many issues involving sexual orientation, adoption by same-sex couples tends to be a controversial issue. Critics of the practice have long argued that children are harmed when they are not raised in the presence of both a father and a mother. Others have argued that exposure to homosexuality at a young age can potentially harm a child's development and maturity regarding gender roles or sexuality in general.

Supporters of adoption by same-sex couples argue that loving same-sex couples can be just as effective parents as opposite-sex couples. They say that statistics do not indicate that children raised by same-sex couples are any more likely to be affected by social problems. While some studies have shown that children raised by same-sex couples are likely to have sightly different views about gender roles than their peers, supporters note that such children are not more likely to be gay or lesbian themselves later in life.

The American Psychological Association supports adoption by same-sex couples in its policy statement of July 28 & 30, 2004

Adoption by same-sex couples is legal in Andorra, Belgium, England and Wales, Iceland, the Netherlands, Sweden, South Africa, and Spain. Denmark, Germany and Norway allow "stepchild-adoption" so that the partner in a civil union can adopt the natural (or sometimes even adopted) child of his partner. In the Republic of Ireland and some other countries, individual persons, whether heterosexual/homosexual, cohabiting/single may apply for adoption.

In February 2006, France's Court of Cassation ruled that both partners in a same-sex relationship can have parental rights over one partner's biological child. The result came from a case where a woman tried to give parental rights of her two daughters to her partner whom she was in a civil union with.[2]

On June 2, 2006 the Icelandic Parliament voted for a proposal accepting adoption, parenting and assisted insemination treatment for same-sex couples on the same basis as heterosexual couples. No member of the parliament voted against the proposal. The law went into effect on June 27, 2006.

In the United States, only one state, Florida, totally bans gay adoption.


Nine states allow for openly gay and lesbian couples to adopt jointly:
California
Massachusetts
New Jersey
New Mexico
New York
Ohio
Vermont
Washington
Wisconsin
as well as D.C.
It is more common for one partner to adopt and then for the second to apply as the second parent, or co-parent. Second parent adoptions creates a second legally recognized parent for the adoptive children. This is the only way for gay couples to both become legal parents of their children. Second parent adoptions have been granted by the courts in twenty-one states as well as D.C. These states include - Alabama, Alaska, Minnesota, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, Vermont, and Washington.

The bulk of evidence to date indicates that children raised by gay and lesbian parents are no more likely to become homosexual than children raised by heterosexuals. As one researcher put it. "If heterosexual parenting is insufficient to ensure that children will also be heterosexual, then there is no reason to conclude that children of homosexuals also will be gay."

Studies asking the children of gay fathers to express their sexual orientation showed the majority of children to be heterosexual, with the proportion of gay offspring similar to that of a random sample of the population. An assessment of more than 300 children born to gay or lesbian parents in 12 different samples shows no evidence of "significant disturbances of any kind in the development of sexual identity among these individuals".

Thursday, August 24, 2006

Top 5 Reasons to Re-Adopt Your Internationally Ad...

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Top 5 Reasons to Re-Adopt Your Internationally Adopted Child Once Back in the US

While it is true that if a child enters the country under an IR-3 visa, he/she will be a U.S. citizen thanks to the Child Citizenship Act of 2000, but there are still good reasons for re-adoption once back in the U.S.A. I constantly tell my clients that the re-adoption process though technically unnecessary will only serve to make life easier years down the line. If the re-adoption paperwork is done as soon as the family arrives back in the country most of the documents such as the homestudy can be used in the re-adoption. Here are some of the reasons I site to my clients in applauding re-adoptions:


1) A Legal & Binding U.S. Birth Certificate
Whether your child is getting a driver's license or adopting one day, your child will need a copy of her birth certificate at different points in her lifetime. It would be much easier for your child to seek a copy of her birth certificate through your state's department of vital records than try to get one (if it still exists) in her birth country.

2) A Legal Name Change Can Be Completed If you desire to have your child's name legally changed, re-adoption is the time to complete this change.

3) Not all U.S. States Will Recognize a Foreign Adoption Decree
There are eighteen states and the District of Columbia, and four U.S. Territories that have no statutory provisions regarding international adoptions. These include:
Alabama
Arizona
Kentucky
Louisiana
Michigan
Mississippi
Nebraska
Nevada
New Jersey
New York
Rhode Island
South Dakota
Utah
Virginia
West Virginia
Wyoming
American Samoa
Guam
Puerto Rico
U.S. Virgin Islands

4) So, You Live in a State that Recognizes Foreign Adoptions - What if You Move?If you happen to move into one of the above mentioned states that do not recognize a foreign adoption decree there could be trouble. For example, your child may not be seen as a legal heir.

5) Re-adoption Is Another Reason to Have a Party!
Re-adoption gives you another day to plan an event to celebrate your child's adoption.
Re-adoption may be a hassle, but the hassle may be worth it in the long run.

Thursday, August 17, 2006

Is That Your Real Sister? Creating a blended fami...

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Is That Your Real Sister?
Creating a blended family–combining races, cultures, biology, and adoption–generates a special kind of joy. by Barbara Meltz

Deidre and Brad Sassaman often tell their children, “We are an Irish-German-Chinese family.” The Irish comes from Deirdre’s heritage, the German from Brad’s, and the Chinese from two-year-old May, adopted a year ago. It’s not unusual to see May in a green T-shirt that reads, “I’m an Irish princess,” or for Kevin, who is five, to proudly wear his Chinese outfit, especially when the family celebrates Chinese New Year. This time around, however, Ryan wants no part of Chinese outfits. That’s O.K., too. He’s 16.


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How it works for us:

We call our two, "twins growing up from halfway around the world." Jaclyn is 8 1/2, Christopher is 8. They like to tease each other: She'll say, "I'll always be older," to which he'll reply, "I'll always be bigger." But they also look out for one another, and don't mind people asking, "Is that your sister?" In fact, they have fun meeting new people that way. –Kathleen Sloe
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In families where children arrive both by birth and by cross-cultural adoption, there’s not just a new person in the family, there’s also a new culture. That means there are adjustments to be made, both inside the family and in the community. Here’s how to help kids face the world—and each other:

OUTSIDE THE FAMILY

1. Be ready to lose some privacy. “When you’re in public, you don’t get to pick and choose what you want to reveal to others,” says Kim Stevens, a former director of Massachusetts for Families, an adoption and foster-care training program in Roxbury. “I knew we would draw attention after adopting May,” says Deidre Sassaman. “But I wasn’t at all prepared for how much.”


2. Prepare kids for comments. Talk about what your children are likely to hear when a sibling of a different race arrives, says Deborah Johnson, executive director of the Minnesota Adoption Resource Network and a specialist in transracial adoption. Don’t let your children be taken by surprise. Be open about the choices you have made and the values your family espouses.

Gretchen and Paul Felopulos of Natick, Massachusetts, began having simple conversations about differences with Chloe long before they adopted Phoebe. Good thing, too. Soon after Phoebe arrived, when a playmate insisted, “She’s not your real sister!” Chloe was incensed, but prepared. “She is so my real sister!” she said. “She’s my forever sister!”


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The Kindness of Strangers...


The youngest of my three daughters is always singled out, “Oh, isn’t your ‘little one’ so cute,” as if the other two don’t exist. I always answer, “Christine is 5, Erica is 3 and Janine is 1,” in order to acknowledge all of them. –Carrie


When asked “Are they REALLY brother and sister?” (about our two from India), I always answer, “YES! But they are not biologically related.” By age 2 1⁄2, my daughter had heard this so often that she chimed in, “Yes! But we are not bio-woj-ik-wee wee-waited.” —Erin


“Are they brothers?” “They are NOW!” is my favorite answer. –Stephanie Mullins


Our daughter, Brenda, arrived from Guatemala at 8 months of age, joining our two bio sons, ages 6 and 9. Soon thereafter a boy yelled out to my younger son, “Hey, do you know your sister is brown?” My son simply said, “Yes, she is.” Later I asked how he felt about the question. He said “Her skin IS brown. She is Guatemalan. Maybe I should have told him that.” I told him he did fine. –Beverly Oakman


Outsiders commented, relentlessly, about Anya’s beauty and personality, never noticing Alex in his supporting role as shy, non-attention-seeking big brother. He sighed resignedly, “All they talk about is Anya.” –Diana Crowley


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3. Tell kids the truth. “As uncomfortable as it may be for you, don’t sugar-coat,” says Johnson. “It’s classic for parents to say, ‘Those people were staring because you and your sister are so cute.’ No, they were staring because you’re different. Say so: ‘They were staring because our family is different. We see each other every day, so we don’t notice our differences so much. But other people do.'"

4. Demonstrate good responses. Children in transracial families fare best when parents illustrate a range of reactions, depending on the circumstances. If someone asks, “Is she adopted?” it may be a genuine, albeit stupid, question. Part of your job is to teach a life skill: How to evaluate people’s motives. Is this person sincere or merely rude, clueless or prejudiced? What is the tone? What is the body language? If someone is rude, it may be appropriate to turn your back, walk away, and then talk to your child. If a question is sincere, but misguided or inappropriate, you might say, “This isn’t a good place to talk. If you’re interested in adoption, I’m happy to have you call me.”

Children also need to know that their mood counts. Sometimes, a question isn’t an invasion of privacy, it’s just poorly timed. “‘I’m not in the mood to talk about it’ is a perfectly fine answer,” Johnson says.

If children five or older start to hate the attention, humor may the best antidote—when someone asks a silly question, roll your eyes at each other, or make a joke.

5. Stand up for the ignored sibling.When someone oohs and aahs over May, Deidre Sassaman is quick to say, “My daughter, May is very beautiful and smart. So is my son, Kevin.” But the comments are constant, and she can see that they get to Kevin. Once, when a stranger approached the family and asked May, “What’s your name?” Kevin gave his name, only to realize, from the person’s reaction, that she wasn’t interested in him. Deidre felt as if he were shrinking.

AT HOME

1. Address favoritism concerns. With all siblings, feelings of filial loyalty come and go. For kids in blended families, there are added layers. If your child who was adopted came into the family first, she may think, “They’ll love this baby more because it looks like them.” Address fears even if they don’t get verbalized, advises Johnson. Say, “Some people may wonder if we’ll love a biological child more because she looks like us. We love each other because we are a family, not because of how we look.” If your biological child came into the family first, he may resent the attention the new child gets. You might want to reassure him, “Some people may make a bigger fuss over your sister because she’s from another country. We value everybody in this family, no matter where they’re from.”

2. Celebrate everyone’s heritage. You want everyone to feel proud of their background. Just remember to keep things in balance, and be aware that siblings can reach a saturation point: “I’m not Korean. Why do I have to care about Korean history and culture?”

Flexibility and balance are key, counsels Ellen Glazer, a social worker in Newton, Massachusetts, who specializes in infertility and adoption. She suggests treating Chinese New Year the same way you would Thanksgiving. Say, for example: “This is something we do as a family.”

On the other hand, a nine-year-old shouldn’t be made to feel like she’s a terrible person because she’d rather spend the day at a friend’s birthday party than on a family outing for dim sum in Chinatown.


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How it works for us:

Our son Shaun (adopted in Colombia) was almost three when all of us traveled to China to adopt Paulina. Shaun has fair skin and blue eyes, so everyone assumes that he's a biological child.

At times he's open about being born in Colombia and other times he's happy to have friends assume that Paulina is the only adopted one. And Paulina sometimes wishes that she looked like the rest of the family. Paulina's Chinese heritage is easy for us to embrace; Colombia's is tougher. Shaun reads the paper every day and is very aware of the negative press about Colombia. –Marcyanne Goldman.

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While some older children are enthusiastic about activities to celebrate a younger child’s heritage, others are resentful. In a twist on this theme, reader Susan Goodrich reports telling her daughter, Grace (adopted from China), that the family was planning a heritage trip to Ireland. “But I’m not Irish,” Grace said. Susan resonded, “Ireland is part of our family’s heritage, the same way that China is.”

3. Nip mean behavior in the bud. “When siblings fight, they sometimes hit below the belt,” says Johnson. If you overhear a racist comment, take the offender aside and say: “Those words are not part of our family’s values.” Tell the offended party, “Your brother says he was joking, but it’s no joke to me. I’m going to be paying more careful attention.”

If you’re afraid the behavior continues in your absence, you may say to each of your children, separately, “Brothers and sisters sometimes say mean things to each other when Mom and Dad are not around. I’m not aware of that happening in our family. Is it? Am I out of touch?”

By the same token, don’t allow an aggressive younger sibling to physically hurt an older child who may not feel entitled to defend herself. And be vigilant in protecting an older child from relatives who may favor the younger, adopted sibling.

Deirdre Sassaman knows of only one blowup so far. After May had been in the family four months, she and Kevin were fighting over a toy. Kevin shouted, “I wish you would go back to China!” After Deirdre put Kevin in a time-out, she told him, “I would be very upset if either of you went away. No matter how you came into this family, you’re loved just the same.”

Barbara F. Meltz, a columnist with The Boston Globe, often writes about child care and family. This article is adapted from “In adoptive families, siblings sometimes struggle,” reprinted courtesy of The Boston Globe.


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Adopting a Sister
by Amy Shore
Around the time our daughter, Miranda, turned 10, my husband, Dave, and I began thinking about adopting a child from another country. When consulted, Miranda decided that it was a good idea. “I want a sister from Guatemala, like my friend, Hannah,” she declared. And that was that!

Four months and thousands of meetings, forms, telephone calls, e-mails, and fingerprints later, we got the call. “Mom, that’s my sister!” Miranda crowed as the three of us gathered to see the tiny face of baby Lucy on our computer screen. We all fell in love with Lucy that day.

A gentle reminder

During the 13 months it took for Lucy’s adoption to be finalized, the three of us daydreamed so much, it felt like Lucy was already part of our family. But two months or so after the referral, I realized that this fairy tale had some kinks that needed adjustment.

Miranda, Dave, and I were wandering through a baby store, touching lacy dresses and tiny denim overalls. Miranda grew more and more sullen, lagging behind us, dragging her feet. By the time we reached the stuffed-animal department, she was into a full-blown tantrum. “She is going to get everything and I will get nothing!” she wailed.

When we got home, I did the only thing I could think to do: I pulled out Miranda’s baby album and we looked at shots of me holding her the day she was born. We watched the home videos of those early days. Reminiscing about the day she came home seemed to reassure her.

The big day came a few months later. I’ll never forget the smile that spread across Miranda’s face when we first met Lucy, at the airport. By the end of our 45- minute ride home, Lucy and Miranda were pals.

Trouble in paradise

The credits don’t roll here, though.

The rivalry that erupted in the department store continues to rear its head. When Miranda sits close to me and holds my hand, Lucy turns herself into a 20-pound wedge to try to separate us. It makes Miranda furious. “You’re my mom, too!” she says.

Like any sisters, the girls argue over possessions; if Miranda has something, Lucy wants it.

Dave and I talk with Miranda about her feelings. She’s very honest. “Sometimes, I wish it was still just the three of us,” she has said more than once. She and I go out every Saturday afternoon, just the two of us, for lunch or a movie. She and Dave regularly play video games—in the basement, away from Lucy’s little fingers.

Sisterhood forever!

But, for the most part, in the year and a half since Dave and I brought Lucy home, we’ve all settled into our new roles. I’ve watched Miranda teaching Lucy to give high five’s, and Lucy showing Miranda how to spread the filling from an Oreo cookie all over her face and hair. Seen giggling at the kitchen table, or laughing on the family room floor, the two girls obviously adore each other. And while Dave and I know we’ll be going through Miranda’s moody adolescence about the time that Lucy hits the terrible two’s, we wouldn’t trade our life for any other. Nor would our girls. Just ask them!

Amy Shore lives with her family in Friendswood, Texas.

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Saturday, August 5, 2006

Step-Parent Adoption One of the most frequent ty...

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Step-Parent Adoption

One of the most frequent type of adoptions, but least talked about is the Step-Parent Adoption. More complicated than it sounds, a step-parent does not automatically have the right to adopt a step child. The biological parents both must consent or default in the notification process( we will discuss this some more) to the process in order for it to happen. The typical senario is where a couple walks in with the Husband looking to adopt the child of the wife from a former marriage or relationship. The first step is to attempt to locate the birth father. The court requires that the parties do a "Diligent Search" in order to locate the birth father which can usually be done by an investigator. The usual methods to find an individual are used such as DMV searches, voter registration search etc.. If the investigator is unable to locate the parent, a diligent search affidavit is prepared and filed with the court in the event the parent is not found. If the parent is located, he must be advised of the attempted adoption and is given the opportunity to object. If the parent fails to respond, his silence is deemed an assent and the adoption may proceed.

This type of adoption as with all adoptions can either be done in the Surrogates Court or the Family Court in New York State.

The Mother and Step-Father need to proceed thereafter by obtaining a criminal background check (yes, Mom has to go through it as well) and both parties are checked to insure that there are no filings against them with Child Protective Services. The background check is done at the Police Precinct in Yaphank for Suffolk County residence and costs $20 per person. The results are usually mailed to the applicants within one weeks time.
A homestudy is ordered by the court once all of the preliminary documentation is completed and filed. The parties must all present documentation from their respective general practicioners to insure that they are healthy. Marriage licenses and birth certificates are needed for all parties including the child.

The homestudy is usually done by a court appointed evaluator to insure that the home and its inhabitants provide a healthy environment for the child.

Although this is usually a smooth procedure it is rather time consuming. If the parties are fastidious about getting their paperwork together in a timely fashion the process can move along faster.

This adoption requires only one court appearance at which time the parties are presented with their official documentation which will need to be mailed to Albany for filing.

Friday, July 28, 2006

Indian Child Welfare Act of 1978 An interesting ...

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Indian Child Welfare Act of 1978

An interesting question can across my email the other day inquiring about the rights of a child who is part American Indian and whether or not the birth mother had the legal right to proceed with a private adoption. Not being an expert on the subject I did some research which I share with you here. The first step seems to be to find out if the particular tribe hailing from the state of the child's ascestorial orgin is indeed a federally recognized tribe under the Act and if indeed it is some contact must be made with the tribe to determine their eligibility requirements. If the child appears to be eligible for membership in a tribe which is indeed federally recognized, the proper proceedure must be followed in order to proceed with the adoption. According to the act it seems to be merely a notice provision of the birth mother's decision to release the child for adoption. New York does not

What is the Indian Child Welfare Act?

The Indian Child Welfare Act (ICWA) is a federal law which regulates placement proceedings involving Indian children. If your child is a member of a tribe or eligible for membership in a tribe, your family has the right to protection under the ICWA. These rights apply to any child protective case, adoption, guardianships, termination of parental rights action, runaway/truancy matter, or voluntary placement of your children.

When was this law passed?

The ICWA was created in 1978 by the federal government in order to re-establish tribal authority over the adoption of Native American children. The goal of the act when it passed in 1978 was to strengthen and preserve Native American families and culture.

Why was this law passed?

Before the ICWA was passed, a very high percentage of Indian families were broken up because non-tribal agencies removed children from their homes. One reason for the high removal rate was because state officials did not understand or accept Indian culture. Today, the ICWA sets minimum standards for the removal of Indian children from their homes.

Who does it apply to?

The law applies to Native American children who are unmarried and under age eighteen. The child must be either a member of a federally recognized Indian tribe or must be eligible for membership in a federally recognized Indian tribe.

What does the law do?

The ICWA requires that placement cases involving Indian children be heard in tribal courts if possible, and permits a child's tribe to be involved in state court proceedings. It requires testimony from expert witnesses who are familiar with Indian culture before a child can be removed from his/her home. If a child is removed, either for foster care or adoption, the law requires that Indian children be placed with extended family members, other tribal members, or other Indian families.

What if a child is not living on the reservation does the ICWA still apply?

Yes. The ICWA has a notice requirement. This means that if a state takes a child into custody, it must give notice to the child's tribe, wherever the child may be in the U.S.

Does the act apply to a couple getting a divorce?

No.

What if a parent allowed someone else to become a guardian of their child and later changes their mind?

The ICWA provides that an Indian parent always has the right to revoke a guardianship.


Who decides if a child is a member of the tribe?

The law does not apply a specific blood quantum as the criteria for membership. It leaves it up to each Native American tribe to make such determinations on their own. The determination by a tribe that a child is or is not a member of that tribe, is or
is not eligible for membership in that tribe, or that the biological parent is or is not a member of that tribe is necessary for a court to allow the adoption of an indian child without consent of the tribe.

The Indian Child Welfare Act applies to “child custody proceedings” involving
“Indian children.” Child custody proceedings include both pre-adoptive and
adoptive placements. The ICWA applies equally to private and public adoptions.
ICWA also applies to stepparent adoptions. One of the more difficult issues that arises for attorneys is determining whether an Indian child is an Indian under the ICWA. The ICWA defines an Indian child as a member of a federally-recognized Indian tribe or a child who is eligible for membership in a federally-recognized Tribe and the biological child of a member. Attorneys have an affirmative obligation to notify a Court if a proceeding involves a child that may be Indian. The failure to notify the Court of the potential status of the child as Indian may result in vitiating an
adoption and potential criminal liability should a pending act of Congress be
enacted. Some state courts have adopted a judicially-created exception to the
Indian Child Welfare Act, frequently referred to as the “existing Indian family
exception” that holds that the ICWA does not apply to a child custody proceeding
unless the child has lived in an intact Indian family. A majority of state courts to
rule on this have rejected this exception as contrary to the language of the ICWA.

Tuesday, July 25, 2006

I'm only the Attorney I was chatting with a fri...



I'm only the Attorney

I was chatting with a friend of mine who recently had a very pregnant woman walk into her office and announce that she wanted to give up her child for adoption and needed my friend to find her a family. In twenty years of practice she told me this had never happened. My friend has done numberous adoptions but never has she done the actual match making so to speak. "It was exciting and nerve wracking" she confided in me. "I was helping to put a family toghether and get this young girl out of a situation she really did not want to be in." The girl was only 19 and opted against abortion but knew she did not want to raise a child. She seemed confidant in her decision and resolve but my friend being the good lawyer that she is, was never the less wary of being overly optimist over the outcome. "I'm having trouble sleeping now she told me.." "Why?" I asked "You aren't the one giving birth and you aren't the one investing money and assets into this endeavor." "I have an emotional investment in this," she continuted, "I feel like I am the one with the clearest head in all of this and I worry that someone will get hurt." "It's a leap of faith for the couple," I counselled knowing full well that I would be feeling all the same emotions in her shoes. "You afterall, are only the attorney. All sides are aware of the risks and all you can do is wait. By the way how long are we talking about?" "Anywhere from 4 to 6 weeks." she stated. " um," I mused..."I guess Divorces aren't the only type of law that brings on a Ben & Jerry craving for NY Super Fudge Chocolate Chunk. Want to get some?" "By the time this baby is born I will need Jenny Craig...." she only half joked. "Just keep repeating this mantra...I am only the attorney.....I am only the attorney...I am only the attorney...."

Thursday, July 20, 2006

Referrals are in the Air! Reading through the me...

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Referrals are in the Air!

Reading through the message boards and other blogs, I am excited to note all of the referrals which recently hit and those which are pending. I envision the clothes flying through the air as bags are hastily packed and excitement causing silly oversights like forgetting to sign visa applications! Sorry Jen! I remember the adrenaline running through me as my husband and I received our phone call advising us of our travel dates. We had about 2 days notice, barely enough time to get our travel visas by overnight mail. They arrived the morning of our departure, just as we were getting ready to leave for the airport. Of course we overpacked, but brought only what we were told to bring. Of course everyone sent us with outfits for the other children in the orphanage, medicines and supplies they needed and some things we didn't need. All of our documents secured to us and money belts which I never used before became my newest accessory.
To all those making lists; Getting the crisp brand new Ben Franklin bills from the bank, who by the way needs at least 24 to 48 hours notice to have them for you(since when doesn't a bank have enough money?); Visas; spring for the limo from the airport, we took a van and stopped everywhere before getting home.
The hardest part was leaving my kids, not knowing when I would be back. Crying at the thought that I was leaving them so quickly for so long. In our case it only wound up being 12 days, but I know others who had to leave one spouse overseas sending the other spouse home.

Some how it all works out. For those who need a refresher course here is the following information:

What is a child referral?
A child referral is when an agency matches what they know about you and your family with what they have learned about a child from an orphanage and the caregivers. Some adoption referrals are sketchy on details, but may include the following:

Photos - may be in color or a black and white fax.
Video
Medical information - May include: child's age, weight, height, lab tests (HIV, TB, Hep), medications given, diagnosis, and any complications. Also how the child is growing and developing physically. What should you do with the medical information contained in a referral?


Background information - May include: Information on the child's birth parents if available. Such as their ages, occupations, religion, and why the child is being placed for adoption. Many of the children are foundlings meaning they were found abandoned.


Developmental information - Milestones met or missed such as rolling over, sitting up, walking, and talking.


Social information - Comments on how the child interacts with his/her care givers and other children in the orphanage or foster home.