Chosen From Heaven Above . . . Hearts Forever Joined In Love

Wednesday, September 30, 2009

Court Hearing is Continued . . .

Yesterday was a day of waiting, waiting and more waiting - for the court hearing. But, the court hearing for permanent guardianship did not happen as planned. There were over 200+ cases scheduled on the docket for the day. Our case was number 180+. The judge just did not get that far in the cases. So, the judge continued our case for 10/3 (yes, they work on Saturdays). My attorney called around 3;00 p.m. to finally give us the word. So, now we wait some more. The good news is, all continuation cases are taken 1st thing in the morning. So, we will definitely have a final ruling on the 3rd.

The entire court process has been rather confusing . . . and since I am the 1st for my agency (Lighthouse) to adopt from Pakistan, there have not been others before me to gather information from. So, I have been trying to piece together, as best I can with the language barrier, exactly how the legal process happens. Yesterday, Sadeem and I had a great deal of time to discuss the legalities of the process and now . . . after many persistent questions and Sadeem's patience with me, I think I finally understand . . .

"Adoption" in Pakistan means . . . Legal Guardianship

I have always known that we would leave Pakistan with an IR-4 adoption and legal guardianship, but with the confusing language of registering "2 cases", I thought there was a "Christian" side and a "Muslim" side (therefore two final documents, Christian & Muslim), and there is, in a sense! But, below is a summary of how the process actually works.

1. Registration of the Adoption - The adoption parent (PAP) must register their petition for adoption. All the documents must be in order from the adoptive parent(s)'s documents to the birth parent(s) documents. Once the documents are registered, the Magistrate will approve the petition and grant an Adoption DEED (I thought this was an adoption decree). The deed will have a case number assigned to it and it will then move forward to the court hearing for permanent guardianship. At the same time, the case can go before the judge for a assignment of a court date and publication notice.

Since Sweet Pea's caste (religion) is Christian, the adoption deed MUST specify that a Christian family is adopting her. This is the "Christian" vs "Muslim" side of the documents. I initially thought this document was only for Christian adoptions (therefore an adoption decree), but I have found out that it is a requirement for a Muslim child as well. If the child's caste is Muslim, then the deed would specify that a Muslim family must adopt.

2. Publication Notice - The case must be publicized at large for so many days (determined by the judge) in order for any other interested parties to contest the appointment of legal guardianship. This publication is usually ran in a Islamabad newspaper and can run any where between 3 - 10 days.

3. Court Hearing for Permanent Guardianship - Once the publication notice has been fulfilled, the court hearing can proceed. The judge appoints legal guardianship of the child. This is the legal document we receive after all the legalities are finished. Included with this final document are the adoption deed and copies of all the documents needed for registration process. This final document of legal guardianship is what is required by the US Embassy to obtain a visa for the child to leave Pakistan.

4. Passport - Required for a US visa. New photos of the child are required.

5. Visa - Required by the US Embassy for the child to leave the country.

We will leave Pakistan with an IR-4 adoption which means Sweet Pea will be a legal dependent and a US permanent resident.

6. Adoption Finalization - Once in the US, the final adoption is granted to establish parent/child relationship with all rights granted to the child.

Then, Sweet Pea will officially be . . . my DAUGHTER . . . although, I assure you, she already is! :)

7. US Citizenship - Once US adoption is finalized, we will apply for Sweet Pea's US Citizenship. Until that time, she will be a US permanent resident.

So, we are currently waiting at #3, trying to get through all the court proceedings. In the meantime, we will do what we can to continue moving the process forward. Today we will hopefully do the passport photos and hopefully the new medicals.

Sweet Pea has really grown since we have been here with her. She has definitely gained and is just doing great! She is all giggles and smiles (I love this age). She LOVES her bottle and lets you know (demands!) when she thinks she needs it! It is such a joy to take care of her. I'll be anxious to find out how much she weighs. I'm guessing . . . around 12 pounds.

I know it is hard to wait for pictures of my sweet baby girl, but I just don't feel comfortable publishing her picture until the court hearing is completed and we have all the legalities finished here in Pakistan. But, I definitely wanted to post a picture! So, below is a picture taken in the attorney's office once we were notified the adoption deed was granted!

Attorney (left), Sadeem (middle), Sweet Pea (in disguise!), and Mama (right)!


Love to ALL!

~Hugs

Mama, Uppa D & Sweet Pea

7 comments:

coco said...

Nancy

I check your blog every morning. So happy to hear things are going well.

Colette

Pam said...

I am so sorry for your delay. The picture is to cute how clever!!Love the chunky legs!! 12# wow!! thats great, our DD was 15# when we brought her home at 19 months. When do you name her? Cant wait to hear more, Have fun and stay safe. We will continue to pray for you.

Chris Haven said...

I also check your blog every mornin g! She looks big for 3 months old,long and some rolls on those legs. Too sweet.

Jan Kidd said...

Whew! What a process! You've just got to believe that God's timing is perfect and the delay will prove to be favorable. It won't be long now... I can't wait to meet Sweet Pea and welcome her to the neighborhood. Prayers are covering you every step of the way.

Love, Jan

Anonymous said...

Nancy,
Cool shades!(wink) Keep your chin up on this final downhill slide! God bless you and Sweet Pea!!!

Jules

Nancy said...

Sweet Pea is really a little "peanut". Just an average 3 mo baby. She fits in 0-3 mo clothes with room to grow. At bith she weighed 6 lbs, 21" long. She is just starting to try to hold her head up. She loves to look out & see the world. The expression she has on her face when she looks around is the most precious baby expression & I just savor it all! She is all smiles & giggles & loves to have her tummy rubbed/tickled. Everytime I take her clothes off & tickle her tummy she just smiles! She loves her bath & just sits there looking at me as I bath her. I love her sweet sucking noises she makes when she takes her bottle. It is all so very, very good!!! What a precious gift I have received - experiencing an infant's world! I couldn't be happier! :)

www.russiansweetbaby.blogspot.com said...

Think of this as going to the hospital with false labor. The big "delivery" day will now be Saturday!!! :) You are almost there! I will keep praying, too. She is beautiful! :)

Holly