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And for the OP, there are ways to look for adoption agencies that are more open-minded (PM me for an idea or two). And you might want to consider hiring/consulting with an adoption attorney if you haven't already.
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Susy
Oct 2006 Signed contract with agency
April 2007 Lost 1st referral but it led me to Jacqueline - met her & signed POA in Guatemala
3/18/08 OUT of PGN on her first birthday (while I was in GC visiting)! 
5/14/08 I turned from Tangerine into a PINK grapefruit!!
5/2708 Embassy Appointment
5/30/08 Home to the USA 
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