Order Is In....Waiting on Certificate.

It's been two weeks since our final hearing. I emailed our lawyer to check on the status of our case. Apparently we received our Adoption Order within three days (wow!) and are still waiting on the Adoption Certificate. When we get those two things, I fill out a form called Article 23 Form and take all these things down to the NAC Secretariat:

Certified copies of:

1.      Adoption Order.

2.      Adoption Certificate.
and

3.      Approval letter from the receiving state authorising that the adoption may proceed.

4.      Individual approval certificate from the Adoption Committee.

5.      Freeing certificate of the child.

6.      Duly filled Request form (Form 23) by adoptive parents.

7.      Copies of passports of the adoptive parents.

Then the NAC will issue me our Article 23 Conformity Certificate aka COC.

Little Angels will release Zac's original birth certificate to me once they see all that above.
Then with those documents I can get Zac's Kenyan passport. That will take a couple of weeks (I think).
When I get his passport, then we can go to the US Embassy (with all the above documents) and get a Visa put into his passport. And then that's THE END.

IT'S A BOY!!!!

IT'S A BOY!!!!
We had our 3rd and final court date today. Isaac is ours. And we are now legally his :)
Whew. It will take a few weeks to get the adoption certificate, then we are on to his passport and U.S. visa!!

Visa Appointment at the US Embassy and Growing versus Rotting

Thursday we had our visa appointment at the embassy. Actually, I thought it was just the appointment for the issuance of the Article 5/17 letter. But apparently it was for everything. Which is great, except I wasn't prepared for it. So Kevin drove home really quick to pick up Zac (who was napping) and I ran upstairs to the bank to get the US$230 visa fee.  We took Zac next door for his passport photos. And thankfully I had everything else I needed already in my folder.
A few clicks on their keyboard and a few minutes later, and the adoption coordinator handed me the sealed envelope containing our Article 5/17 letter.

And the good news? Everything regarding our visa is now ready. Once we receive the official adoption certificate from the courts (two weeks after our final judgment on May 30), then we can apply for Zac's Kenyan  passport. We found a service that will expedite the passport for us (still checking to see if that's legit). Hopefully that will take a couple of days, then we go to the Embassy again. Turn in our adoption certificate and his Kenyan passport, and they'll issue us our US visa in his passport that same day (possibly).

Regarding the Article 5/17 letter, I am couriering it over to my attorney on Monday along with my signed affidavit. My attorney is planning to make an appointment with the judge and ask/beg him to take the letter so he can put it in our file. That way he can review it in the meantime and render the final judgment on May 30 as opposed to turning the letter in on May 30 and having to go to a fourth court date after he reviews it. But my attorney is not sure whether the judge will even hear her, let alone take the letter. So we'll see...

I said to someone recently that it's "all downhill from here" regarding the court process. I had no idea this portion would still be stressful - - but with the new judges and not knowing what additional documents they might require at the last minute (which they did to my Canadian friends...) makes this 5-week-wait-to-the-final-judgment a bit hard. I have a friend who is in the Ukraine right now picking up her 3 newly adopted children. She wrote on her blog once that during this whole process, we can grow in Christ and turn into beautiful fruit. Or we can rot on the tree. Man, sometimes I feel like I'm just rotting. Lord, please help me grow into beautiful fruit. Overflow me with your Grace, Mercy, Love, Joy, Peace, Patience, Kindness, Goodness, Faithfulness, Gentleness, and most of all, Self-Control. Overflow me so I can extend your fruits to my Children on a daily basis. So I can be a light to others around me. So we can all grow closer to You.

Article 5/17 Letter of No Objection

Spent a large part of the day on the phone, sending emails, organizing and collecting my adoption paperwork. 

Here's what I found out today in speaking with the adoption specialist here at the embassy. 

There is something called an "Article 5/17 letter of no objection". It is a letter written by the embassy and addressed to the courts wherein it lays out the US citizenship law and that our child will indeed be granted citizenship automatically when our plane touches US soil. 

I had never heard of this letter. It is needed before the judge will grant our final adoption. I have made an appointment with the embassy, at which time I show all my docs so far (homestudy, i800 approval, i800a approval, article 16 letter, etc etc) and they determine whether everything is in order. If so, they issue me this letter to take to court. Problem is, the date for our final hearing has already been set. How do I get this letter to the judge before then? If I give it to him on May 30, then he will set a FOURTH court date for us to come back so he can grant the final adoption order. I've asked my attorney to file for some sort of modification hearing (she said it's called an affidavit here) which will allow us to add this paper to his file NOW (a month before we actually go to court) instead of waiting until then. 

But I'm not sure procedurally how things work here. 

I do know that we are literally getting really close to our fly-date, which is the third week of July. I really don't have extra weeks to spare for the judge to get educated about US citizenship law...So we will see... 

Possible Citizenship Issues

There seems to be an issue lately with the two new Nairobi judges and their views/ignorance of the immigration laws of other countries.

Two of my friends lately have gotten to their court date, and the judge refused to go any further until they can prove the child will be  guaranteed citizenship in the parents' home country.
This is only happening to Canadian and US adopting families. Why? Because unlike the Europeans adopting families (who get their kids' European passports before leaving Kenya), our kids will not legally receive US citizenship until their feet touch US soil. Hence, we cannot obtain a US passport for our child here in Kenya. We have to obtain a Kenyan passport and go to the US embassy for a US visa stamp inside his Kenyan passport. Then when we can file for his US passport once we physically get back to the States.

The problem I have witnessed recently is that when my Canadian friends arrived at their third (and supposedly final) hearing, judge did NOT grant them a final judgment. He said he wanted proof that the kids would receive citizenship, and put the burden on this family to provide 250+ notarized pages of Canadian law and letters and documents. Will every family have to provide this information? If so, why did the judge wait until the final hearing to inform them of such? Why weren't they informed of this so they could have gotten the documents together beforehand? Keep in mind these folks have dropped their jobs, their homes, their entire lives to move to Kenya for a year to adopt these children. Now at the very last minute possible the new judge decides to add in more requirements.

This infuriates me on many, many levels. We Hague-party adopting-families have already been through months and months of notarizing and documentation at the beginning of the process.

For me, I was sort of thinking: "Okay, this is the first Canadian family that has adopted in years. Maybe the judge just needed a refresher course to ensure these Kenyan kids aren't stuck without citizenship to any country."

Fast forward one week.

I just found out that another friend of mine is having a similar issue. She is a US resident and adopting via the Kenyan resident path (because she has lived here over 3 years and can bypass the international route like we had to go through since we aren't here permanently). I know several folks in this same situation: Americans living here and adopting locally. There are a few different rules and hence a few different consequences. One of which being that you cannot go straight to the US to live for at least 2 years after the adoption is final. But the paperwork is much easier and the process is way less expensive. So it's definitely preferred for some folks.

So one of my friends went into court recently and should've been appointed her GAL at that first hearing. However, the judge said he wanted additional proof regarding the child's future-US citizenship. I don't know all the legal requirements, but a child in this situation (after going through the appropriate steps) would indeed be allowed US citizenship eventually. The US embassy here has a form letter they give to adopting families that explains this to the judge. Well, this form letter (that has always been used in the past) is now not good enough for the judge. The judge wants an additional letter from the US embassy basically reiterating what is in the form letter.  This has never been an issue in the past with the prior judges. I personally know of several kids that have adopted recently via this local-resident path and there were no issues.

I have said all along and I fully believe adoption is a spiritual battle (Unless of course kids are being put into same-sex marriage family. I'd love for a study to be done at some point to see the ease of their processes.)

Our next court date is over a month away. If I need to be gathering additional documentation regarding  the laws and rules of US Citizenship then I need TO DO IT NOW. I NEED TO KNOW NOW.

I've emailed my attorney a few times, and I'll put in an email to our stateside agency. We are literally flying out of here in July. I do not have time to gather and notarize additional documents from the States. I am so stressed out about this (literally, my blood pressure is up now just typing this) that I cannot seem to focus on anything else.

I'm not sure what my point is in typing all this out. I guess if you have read this far, then I ask you to please pray that these two Nairobi judges would get educated on these issues and do their jobs correctly. So that families stuck here don't have to pay the price in the end.

Leaving the courtroom after our second hearing yesterday.

Second Court Hearing

We had our second court hearing today and it went well. Very well, actually. We expected to be there until 5pm but we were heard in a little over 2 hours!!

Our 3rd and final hearing (where the judge gives his verdict) is set for May 30. Actually, at first the judge gave a date in June, and then I looked over at my attorney with wide eyes and said, "We leave this country in July!!". So she quickly said, "Your Lordship, the applicants will be sent to another post in July and need more time to get the child's passport and visa."

So he kindly gave us a sooner date. HOPEFULLY everything will be in order and he will grant the adoption at that time.  Closer, closer, closer!!!

Second Court Hearing Date Scheduled

We have a date for our second court hearing. April 19. Woo-Hoo!
Our Children's Dept visit went well here at the house on March 21. The court took a month off. Then our GAL filed her report last week and our attorney secured a court date.
Whew.

Children's Dept Appointment

Our first Children's Dept appointment is scheduled for next Wednesday!!! I'm kind of impressed, it's not even two weeks from our first court date.
Kevin and I go alone, then we schedule her home visit at that time.
Yippee!!

First Court Date (Revised Post)

(Note: This post is revised since Little Angels is reading it...Wouldn't want anything to impact our process, now would we?)

We had our first court date on Feb 15. Thank GOD we were able to get the 15th instead of a later date. I'm not sure how my lawyer pulled it off, but I am so thankful.
I honestly hate writing about it because it's something that you just kind of want to forget ever happened. (Not that it was terrible completely, just annoying and inconvenient.)

Anyway, so we left our house at 7am and drove through 2 hours of traffic to downtown Nairobi (or rather to Community/Upper Hill as they call it).
I just hate being in Nairobi traffic. Terrible roads. Congestion. Lots of people. Lots of people walking randomly in the road. Lots of dirt. Lots of smoke from other cars. I got car sick of course and felt like I was about to puke the whole way.

Finally make it and have no idea where to go. The driver dumped us out at the front. We had to hire a driver to take us because there is no parking at the courthouse. We found out a few nights before from mutual friends that our agency is supposed to provide transportation to all our court dates, though no one at the agency ever told us that. Unfortunately the agency happened to have 10+ cases going to court the same day, so they ran out of cars and we just needed to call our own driver. It's expensive (about $45 for the trip) but whatever. Considering the tens of thousands of dollars we've spent on the adoption, I guess $45 each trip to the courthouse isn't that big of a deal. Just annoying that we weren't told.

We stupidly wander around the courthouse not having a clue where to go. Getting close to 9am so we just follow all the other white families carrying black children. Obviously we are all going to the same place.  I see two sets of families that I know. FUN!

There are probably 50 families there, and guess what. The second adoption judge didn't show up for court (they only have court once a week), so the ONE judge has to preside all the cases. There are 4 initial motions, 20 GAL hearings (that's mine), and several final hearings. Our case should've been pretty quick since the GAL ones are heard first, but we didn't get heard until 11:30am. By that time, Isaac had gotten full on crackers, gotten tired from running up and down the halls for 2 and a half hours, and he completely fell asleep in arms. Our name is called and he sleeps during our entire 6 minute hearing.

Completely unprepared. That's what I felt like. As a lawyer myself, I was always prepared for court and knew what would happen. I made sure my families did too. But that's par for the course in this whole process: never knowing what is happening next.

I couldn't hear anything happening in the hearing because the noise in the hallway was too loud. I know our attorney spent 4 minutes talking the judge through our case: "The child was freed for adoption on...." etc. Then the judge asked the GAL to stand up, asked her a few questions I couldn't hear, then we were free to go.

Easy peasy. LOL.

We literally drove home in 20 minutes, quickly packed our bags, stuffed the kids in the car, and were on the road to vacation in the next hour. We drove to a swanky resort on Mount Kenya and forgot all about noise and congestion and traffic and smoke-filled air and courtrooms and smelly cars.
It was a well-deserved and well-appreciated four day vacation!!
We will have to book another vaca after the NEXT court date...which will last much longer and we will have to take all the kids. (Majorly much more difficult....)
So on to the next step...

Another Round of Visits This Week

Wednesday we had our 2nd GAL appointment here at the house. This lady is amazing.
We found ourselves just chatting in general as well. I even let her borrow my Super Baby Food book as her youngest is 9 months old and she is looking for some feeding ideas.
She is how I always imagined what Kenyans would be like: warm, friendly, enjoyable to talk with. And although of course our school day gets off schedule because we have to spend the day cleaning before her arrival (!), her visits are always very pleasant.

Thursday the Little Angels' social worker came for her third and final visit. These appointments tend to be a little more awkward, as she sort of just watches us interact with one another. Normally that's fine, but I feel like I have to defend myself by fielding questions such as, "What does Isaac do during your school time each day?", etc.

Our lawyer took our paperwork to court on Wednesday and filed all our documents. HOWEVER we cannot get a court date yet until this social worker files her report.  She said she took it down that same day, but my lawyer never found it. I texted and called and emailed on Friday but no one seemed to know. If we filed on Wednesday then we should've gotten a Feb 15 courtdate, but now it looks like Feb 22. I am irate about this of course. With each mistake people make, it pushes our exit date further and further. So we'll see...

Lawyer's Office to Sign Documents

How to keep the Littles busy during attorney appointments...snacks and activities!

Recap of Our Meetings Last Week

Last week was a wonderfully busy week of meetings.

Wednesday - Met our attorney for the first time. She is great. (Received her LLM at Georgetown in DC!). She said we can file for our first court date on Day 91,which is Jan 30, not Jan 28 like I thought. They actually calculate from 3 months, not 90 actual days. Either way, if our Little Angels' social worker gets her official report in to the court in time, then we will most likely get a mid-Feb court date. At this first court date, the court will acknowledge our GAL appointment. They will also hand our case back over to the Children's Department so they can assign their own social worker to do yet another round of homestudies. When the Children's Department files their report (they have 45 days after their 3+ visits), then we can file for our second court date. At THAT court hearing, the judge can grant the adoption right out but most likely will schedule a third date to make the adoption official.

Thursday - Our Little Angels social worker conducted her second visit here at our home. Clean, clean, clean! She is very nice. I hope the appointment went okay. She seemed again to be a little overwhelmed  by our family of 7 and homeschooling. She asked, "When do you have any time for yourself?" Hee hee. I love that question. Anyway, one more visit and those are done.

Friday - We had our first Guardian ad Litem visit here at our home. This lady is so professional and so beautiful! She has four kids too. I find that makes a huge difference in talking with folks about our family. She was so cute. "Do you know what a Guardian ad Litem does?" Then Kevin explained that we are both lawyers. She will come here for two appointments before our first court date. There will be a total of four visits by the time this is all over.

WooHoo!!

Spoke with our Attorney Today!!

What a great birthday present to me today:

I spoke with our attorney for the first time (which ironically we were appointed the same attorney that I wanted!!) . Our first meeting is this Wednesday. She says she will have everything together in time to file on the 91st day...the first day after our foster period is over.
I spoke with Little Angels. They have appointed us a Guardian Ad Litem and she will meet with us this week as well. Our second social worker visit is this Thursday.

HOOORAAAAY for things moving forward. Ah this is turning into a GREAT YEAR SO FAR!!!