Wednesday, November 30, 2011

Where are we now legally?

Well, today was a very important day - November 30, 2011 marks the date where the last parent to sign over their legal parenting rights could change his mind.  Yes, today was the last day for the bio father to say, "No, wait a minute - I don't really want to do this!"  SS's last day to change her mind was on Friday November 25th.  Looks like things are going to be a go!  Does this mean that something could not go wrong?  Of course not, but a HUGE hurdle is out of the way for us.  This is how it works:


First, you must hire a family law/adoption attorney to draw up the paperwork.  Then, they send it to the biological parents via a certified mail situation (to verify receipt).  This alone could take up to 2 weeks (it was about 7-10 days for us).  This packet (that was sent by the lawyer) included the following:  Affidavit of Parentage, Adoption Health History, non-identifying background information, and the Consent to Adoption. They both got these packages independently and were required to fill them out, sign in front of the notary and send it back in the self addressed stamped envelope to the lawyer.  We have received SS's package, and we are waiting on bio dad's package.  According to him, it was sent out on Wednesday before Thanksgiving.


So how do I know that today is the last "change your mind day?"  Well, in the state of NC, there is a 7 day wait period after the consent to adoption form is signed.  Only 7 days?  I was kind of surprised by the short time period actually.  Different states have different laws governing this time period.  I am glad I am in NC and have a short time to wait (those of you that know me well are aware at my inability to wait patiently - especially with stuff like this)!  During this time, the birth parents are able to revoke their agreement to choose adoption.  Usually this happens in newborn situations where the mother gives birth to the baby, signs the form, and then decides she can not go through with the decision.  In cases like ours, where the child is older and the biological parents were the impetus of the adoption, it is less likely to occur.  The clock starts ticking when the notary signs the forms along with the birth parents.  SS signed on Friday the 18th (hence the 25th deadline) and the bio father signed Wednesday the 23rd (hence the 30th deadline).  Therefore, even though we haven't gotten the papers from bio dad yet, we know that the stamped date was on the 24th.


So what does that mean now?  Well, as we had agreed, now that this piece is taken care of, we are going to start keeping Sarah on the weekends for awhile to continue her gradual adjustment into our home.  We feel that this method is the best for her.  We need to now hear back from the lawyer, sign our part of the paperwork so they can file with the courts and then get our home study started.  The home study consists of 3 visits from a licensed social worker who will determine if our home is "fit" for an adopted child (Uh oh - we may be in trouble!  LOL)  Most of this part is just the "formality" of adoption.  The tough waiting is now done.  It would be near impossible for the birth parents to back out of this now.  Unfortunately, it could still take up to 6 months for the court system red tape to be completed and the adoption to become FINAL.  I look forward to that day very much.  Until then.....One More Step is complete!  :)

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