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#1
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readoption. a scam?
i have come to the conclusion that the readoption/recognition of foreign adoption is a scam.
the requirements and fees are so variable, depending on which lawyer you talk to and where you live. i have looked at a sample petition and it is so simple as to be funny. yet the courthouse where i live says i have to go through a lawyer . the lawyers charge $500 and UP, plus a $140 filing fee. I will find a way...
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paul baby girl born 9/27/05 home 4/19/06
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Guatemala Adoption Information
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#2
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I agree how it varies so grately from place to place. Where I live in Ohio(my county) the form was simple, the fee was under 200? and we filed it ourselves. It was simple, but we had to make a court appt. It was a quick 10 min hearing, but a nice photo moment!
![]() We know people in the next county who did not need to court appt, so they just filled out the form and the filing fee and it was finished. While another family who lived in the same state but different county had to hire a lawyer and have them file the papers (a lawyer was required in the county) and it required first a post-placement visit and so on. Re-adoptoin is yet another hoop to jump through, but now that its over I am relieved! Its a must though for the birth cert, sscard, and citizenship cert in most places so if your state requires it we have to jump! ![]() Vent away! ![]()
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--Shellydm-- ![]() Proud mother of my adorable daughter, home from Guatemala 2006 Last edited by shellydm : 11-30-2006 at 10:30 AM. |
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#3
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You NEVER 'have' to go thru an attorney. Our legal system is built on the premise that ANYONE can represent themselves...you have the right to be your own counsel…
If someone is telling you that you ‘have’ to go thru an attorney, they are likely saying it because the steps involved are complicated and they are unwilling (or not allowed) to help you navigate the process yourself. Is it wise to represent yourself? That depends on your comfort level. You should file yourself and see how far you get…it might be worth trying anyway. Ironically, readoption is required in my state, but the County Attorney does them all at no cost to the adoptive parents.
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Brandy Adopted Adult, Mom & Wife Mothering From The Sidelines of Open Adoption |
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#4
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Wow, Brandy--that's way cool--a true "public servant"! We have a "recognition of foreign adoption" statute in our state, thanks to an adoptive mother who had to jump through various difficult hoops to readopt, and who believed we should jump on board with a better route. So I was able to do my own recognition of foreign adoption, and all it cost was the filing fee.
For those states which don't recognize foreign adoptions without a complete readoption process, maybe they need someone willing to champion the cause as our friend here did! Carolyn
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Carolyn-Mom to 5 blessings, incl. 2 from Guatemala!
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#5
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Hi Paul,
It's crazy! When I called our County Surrogate Court they were less than helpful. I was told I really needed an attorney. I had heard of others from this forum doing readoptions themselves so I asked the woman if she would send me the forms anyway so I could decide for myself. She made if very clear that she would send them but in no way would help me with any of them! I got the forms the next day and they were too much for me. I personally think it's intentional so you will use an attorney. Anyhow we did use our attorney and next Friday we are all done!!!!! I can't wait!! I'm going to be so glad to have this part done. Then on to the SS# and COC but someday it will all be behind us. Good luck!!!
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Nee Nee Bio Kids: DS: 4/81, DS: 3/84, DS: 6/89, DSD: 1/93, DD: 12/00, DD: 2/02 8/1/05 Baby boy born 9/27/05 Referral 10/7/05 POA 11/3/05 DNA Match 11/05 In FC 12/6/05 PA 2/06 Exit FC 2/22/06 In PGN 3/28/06 OUT of PGN 4/5/06 Submitted for PINK 4/20/06 PINK 4/24-27 Pickup Trip 4/28/06 HOME! |
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#6
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Texas's recognition statute is a pretty good one. Now, finding judges who know it exists and understand what it's for . . . .
Texas Family Code Sec. 162.023. ADOPTION ORDER FROM FOREIGN COUNTRY. (a) Except as otherwise provided by law, an adoption order rendered to a resident of this state that is made by a foreign country shall be accorded full faith and credit by the courts of this state and enforced as if the order were rendered by a court in this state unless the adoption law or process of the foreign country violates the fundamental principles of human rights or the laws or public policy of this state. (b) A person who adopts a child in a foreign country may register the order in this state. A petition for registration of a foreign adoption order may be combined with a petition for a name change. If the court finds that the foreign adoption order meets the requirements of Subsection (a), the court shall order the state registrar to: (1) register the order under Chapter 192, Health and Safety Code; and (2) file a certificate of birth for the child under Section 192.006, Health and Safety Code. |
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#7
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Once again, I am so grateful for the agency we chose!
In our state (CA), readoption is not required but it's highly recommended, so we did it. Our agency has a readoption coordinator, so they provided all the paperwork (already filled out for us -- we just had to sign it!), and they gave us an info sheet to guide us through the court process. No lawyers needed, and the hearing itself was surprisingly emotional. Our judge was a very sweet woman who seemed genuinely happy to do this part of her job. Like shellydm said, a great photo op! The readoption hearing was actually one of the highlights of our process.
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6/9/05: signed with an AWESOME agency 10/28/05: our precious Juliana Marie is born 6/1/06: HOME! |
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#8
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We did our own readoption - it was no big deal. The only "glitch" was at the hearing - we were last because attorneys get seen first (as they should - they are being paid by the hour).
It's not a scam though. You are paying for the attorney's time. I help people at our agency complete the paperwork as a courtesy. Even still there are people wh prefer to do it though an attorney. If you are in NJ - I have many of the county forms - just PM me and I'll pass them along.
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4/25/05 - I600 Mailed to INS 5/9/05 - In Home Visit & Couple's Interview 6/8/05 - Received completed Home Study 6/16/05 - Home Study to INS 7/6/05 - Fingerprinted for INS 7/8/05 - REFERRAL! 7/20/05 - State Authentication Received 7/27/05 - I797 is received and sent to SC 8/5/05 - Dossier sent to Guatemala 9/6/05 - DNA Performed 9/20/05 - DNA Match 11/3/05 - OUT OF FAMILY COURT & PRE-APPROVAL! 11/17/05 - OUT OF PGN! 11/28/05 - We have our BC! 12/2 - PINK! 12/5 - GET OUR BOY! |
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#9
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You don't have to use an atty. We did cause the whole process had been full of "issues" and I really just wanted it DONE. And yes, we paid one of the best adoption attorneys (recommended by an attorney friend of mine who would know) in the state but he handled the ENTIRE thing and we just showed up in court. At that point, it was a small price to pay. Some friends of ours had no end of difficulties using a different attorney who didn't have much adoption experience (Western WA courts can be a bit picky).
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Referral of 4 day old BG 4/07/05 Home forever 11/09/05 lovin' family life since June 2006: found a waiting child and starting the process to bring him home born 4/27/03 8/22/07--home April 2009: decided to pursue an Ethiopian adoption for "baby sister" 9/9- CIS approval 9/17- officially on the wait list~hopefully 8-10 months |
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