Wednesday, November 29, 2006

Changes in fingerprint processing and legal answers

Yesterday we were informed by our social worker that CT has had some terrible waiting times in the past for getting fingerprints processed through the FBI. She instructed us not to mail them to West Virginia and hold off a week so she can explain everything to me and instruct me on where to mail them to. She said it will cut our waiting time in half. Almost sounds a little sketchy to me but I'll hear her out.
I just had a phone conversation with our Adoption Intake Coordinator, Tani Albin. Since we missed the legal portion of the orientation, she was nice enough to go through everything over the phone. I learned that the birthmom has up to five years to bring a case back in front of the judge to regain her legal rights to the child. However she would have to prove that Gladney lied to her or coerced her in some way, shape or form. Birthmom's have done this in the past however not one of them have won their case. Gladney buttons everything up legally by hiring a private attorney for the birthmom to protect her rights, someone non-partisan to Gladney or the family to be present at the time of relinquishment. Gladney also will not bring the relinquishment papers to the birthmom if she is on any medication (morphine, anti-depressants, etc.) They will wait until she is completely off medication to have her sign however the longer that takes, the longer we wait to get placed with the child. They actually have a swearing-in ceremony at the time of relinquishment and it sounds very formal. If she is hysterical at the time of signing, Gladney will not allow her to sign. They will only allow her to sign if she is physically and emotionally well. She won't be signing the papers until atleast 48 hours after she gives birth (the birthfather too if he's still in the picture.) There may be cases where the birthmom wants more time to think through her decision. In those cases, the baby would be placed with a Gladney temporary care person until she signs. We wouldn't go to Texas until she signs basically. I am stressed out already just writing all of this. Those are going to be the longest 48 hours of our lives.

Now the birth father...this is where it's a little tricky. If the birth father is still dating the birthmom, he also cannot sign the relinquishment papers until 48 hours after the birth of the baby. If they are not together but he can be located, Gladney will locate him as early as the birthmom entering the Gladney program and he will be able to sign an affidavit of waiver of interest. This waiver basically states that he is isn't positive he is the father of the baby and therefore, he would give his rights up then and there. Through much counseling, Gladney is getting all information from the birthmom on ANY potential birthfathers and they will hunt down any possible partner over a 12 week span during the conception time. (Most agencies only do a 2 week span.) Gladney provides up to 5 different counselors per birthmother to make sure her story is consistent.

Next there is the instance where the birthmom has no idea where the birthfather is (picture a girl having fun on spring break, shacks up and only knows the guy's name is Paul and lives in Minnesota.) In these cases or those like it, after the baby is born Gladney will run a punitive registry for 30 days. That baby won't be placed with us until those 30 days are up. If in those 30 days, a birthfather claims the rights to the child, we don't get that baby and we would go back in the pool for other birthmothers to look at us. However, we would know the situation up front once a birthmother chooses us and we can decide then and there if we want to get into that situation. (If the situation is that is was a spring break conception and she has no clue who he is, the Gladney attorney would make a judgment call and not post the 30 day punitive registry based on the information the birthmom is telling all counselors.) The Gladney attorney is on top of all scenarios and will only give us opportunities that we are okay with in our screening process. From everything I am hearing from them and other people who did a lot of research on agencies, Gladney has the best legal process out of any other domestic agency.

Another thing I learned is that because we live in CT, we will ONLY be placed with a birthmom living in Texas. This is something we were not aware of and the question came up "what happens if the birthmom delivers the baby in another state?" The laws just don't work when we combine 3 states. This means only 70% of the birthmoms registered with Gladney will be looking at our profile. It totally makes sense and at least we know up front that our mom will definitely be from Texas. See, we already know something about our birthmom now!

There was a lot more but it was stuff we already knew. This was just the new and interesting stuff to us.
I think Sean is going to fill out the questionnaire tonight...I'm feeling it in my bones.

2 comments:

Toby said...

Hey Sean,
I think Desi is giving you a few subtle hints that you might want to start filling out those papers!

Thanks again guys for providing us with the intimate details of your adoption process. I think we're all learning so much from your experience.

Love,
Toby

Linda Queenan said...

WOW! That is a lot of information. BUT Gladney sound like they are all over every angle. What a faboulous agency. I loved reading this blog..it was filled with great information. You guys are in great hands. GO DESI AND SEAN GO!
We're with you baby!