Adoption

Update.... ICWA :(

Well, our ICWA nightmare is alive and well. :( We (our attorney, ASP, and facilitator) are in uncharted territory. Our little girl is due any day and one of the alleged birth fathers is Native American. Our team was under the impression that since the law is written for presumed birth fathers, we did not have to serve notice. Now we learn that we must notify the tribe regardless of birth father status. So, the chances of this little girl being born and us not having a response from the tribe before her birth are quite likely. We are devastated to think that we may bring her home only to have to hand her to strangers because of her ancestry. The birth father who is native Indian, but not registered withthe tribe, is in agreement with the adoption plan. The alleged Caucasian birth father is on board with the adoption plan. The maternal family is on board with the plan, but the tribe could possibly ignore every one's wishes for an open adoption with us and claim the baby. We are just sick. I have not stopped crying. I am praying that the tribe will honor the parents' decision for a non-native placement. I did not realize how quickly I would fall in love with this unborn baby and just enjoy the company of her mother, her grandmother and even the boyfriend who is the #2 alleged father. I am praying that I have made a bigger deal out of this than need be, but I don't think that I am. Thanks for reading this. It helps a lot to just right this down and process what is occurring.
Warning No formatter is installed for the format bbhtml

Re: Update.... ICWA :(

  • ((hugs))  I will be praying for your situation, I can't imagine how stressful and scary that must be.
    image
    image
  • Loading the player...
  • ((hugs))  i'm so sorry you are going through this. 
  • HUGE hugs, JoesSweetPea.  I'm so sorry.  I hope everything works out for you.
    Warning No formatter is installed for the format bbhtml
  • What happens at this point? Did they already notify the tribe or do they wait until the birth?
    Warning No formatter is installed for the format bbhtml
  • I am so sorry! What tribe is he with?  I can relate to NA junk...we went through it with B.  Luckily his tribe was fine with the adoption, we just have to register him as soon as a birth certificate is on file in CA.  Once we finalize we have to update our records with the tribe to show he is now legally our child.
    Brenda & Phillip married 10/10/09 

    After 6 years of failed cycles, we were blessed with our little man through adoption. 
    B born 1/3/2012. Adoption finalized 12/27/12

    Back  on the IF crazy train...
    Sept 2013 - IVF #1 -  BFP, EDD 6/4/14, born 6/8/14
    Everyone welcome

    image


    Baby Birthday Ticker Ticker
  • At this point, the tribe has been contacted informally by our facilitator to get a sense of their position, but there has been no response (maybe a good sign?!?!) Our attorney will be making formal contact ASAP. The unknown is just so scary. We have agreed that if there is immediate response (if the tribe wants to claim the baby) to the notification, then we will not pursue the adoption. If there is limited or no response, we will move forward. And, if the baby is born before we get a response from the tribe, then we will bring her home and accept that it just may be a foster placement. Thanks everyone, hugs (virtual or real) really do help!
    Warning No formatter is installed for the format bbhtml
  • Bhead81: Thanks for that glimmer of hope! :)
    Warning No formatter is installed for the format bbhtml
  • imageJoe'sSweetPea:
    Bhead81: Thanks for that glimmer of hope! :)

    You are welcome, I am here if you need to talk.  We went through the ringer with our NA adoption due to the tribe not responding for a little while.  Once they did though it was smooth sailing.

    What tribe is the father with?  Each tribe is so different.

    Brenda & Phillip married 10/10/09 

    After 6 years of failed cycles, we were blessed with our little man through adoption. 
    B born 1/3/2012. Adoption finalized 12/27/12

    Back  on the IF crazy train...
    Sept 2013 - IVF #1 -  BFP, EDD 6/4/14, born 6/8/14
    Everyone welcome

    image


    Baby Birthday Ticker Ticker
  • imagebhead81:

    imageJoe'sSweetPea:
    Bhead81: Thanks for that glimmer of hope! :)

    What tribe is the father with?  Each tribe is so different.

    Yakama Tribe 

    Warning No formatter is installed for the format bbhtml
  • T&Ps!!!

    I hope this is your baby!  

  • Getting through ICWA laws can be a pain, but it really really helps that possible bio dad is not registered with the tribe. Perhaps he doesn't have enough ethnic heritage to claim for their tribe = neither would the baby.

  • nothing to do with babies is ever easy. i hope this is your little bump in the road and that everything from here gets better... kmfx
    Warning No formatter is installed for the format bbhtml
  • Hang in there, you are in my thoughts.  Mari is awesome, and she will jump through hoops at any time of the day or night to help you guys to get everything straightened out, she is a great person to have on your side.  Does your attorney have experience with ICWA?  Hopefully your attorney is not K.M., who they used to recommend, but I believe have stopped recommending her.  If it is, I STRONGLY recommend somebody else (our experience with her was HORRIBLE, and a fairly simple case, with no ICWA), especially with ICWA experience as you really want to make sure your bases are covered.

     All the legal stuff aside, stay strong, enjoy the experience of getting to know the birth family, and enjoy the birth of that little baby.  Take in the moments, as they fly by so fast at this stage in the process.  Everything will come together, and you'll be great parents.

    Warning No formatter is installed for the format bbhtml
  • Big Hugs Joe'sweetpea!!! I am sending you a lot of good vibes and thoughts and prayers that it will work out. Hopefully since the BF is out of the picture the tribe will allow you and your dh to adopt this baby. We feel the love that you already have for this child and they will too. :D   Keep us posted.
    Warning No formatter is installed for the format bbhtml
  • Thanks.... Again. We have a plan moving forward and all we can do is pray and be strong. I promise you will know what is happening! Amber... We are using an attorney in SF with ICWA experience and an ASP with ICWA experience. Our troubles stemmed from both of them wanting to contact the tribe, and determining which was the plan that would get us through. We feared the attorney may appear too hostile and the ASP. Did not seem to sense the urgency of this case.
    Warning No formatter is installed for the format bbhtml
  • I'm so sorry or the added drama!  But what if NA potential BF is not the father?  Can the tribe still claim her??  That's what it sounded like & that just seems SO weird!
  • Tribe can only claim her if she is NA.  We are 95% sure he is the birthfather, given the due date and prediction on the pregnancy wheel.  Sorry if I was unclear at the beginning, I have been an emotional mess.  That being said, we made a plan, and now it is in God's hands.  We are at peace, given the situation.  Oh yeah, and mom is now 1 cm dilated! :)

     

    Warning No formatter is installed for the format bbhtml
  • imageJoe'sSweetPea:

    Tribe can only claim her if she is NA.  We are 95% sure he is the birthfather, given the due date and prediction on the pregnancy wheel.  Sorry if I was unclear at the beginning, I have been an emotional mess.  That being said, we made a plan, and now it is in God's hands.  We are at peace, given the situation.  Oh yeah, and mom is now 1 cm dilated! :)

     

     Oh Honey don't apologize!!!  From what I understand- outside of Cherokee and Navajo tribes, most others are quite receptive and willing to "take in" the adoptive parents so to speak if you're willing to educate LO on the tribe, etc.

    Praying for you, BM, and LO! 

  • Oh hon, I am so sorry you are on this roller coaster. Hang in there. It will be so worth it. All my thoughts and prayers for smooth sailing.

    Hugs to you

    "Onward"--CathyMD Waiting since 07/5/2011 for our forever child! Yep we are adopting!
  • CheleChele member
    Hugs to you guys!
    10/27/07
  • The user and all related content has been deleted.
  • I'm so sorry this has come up.  I'll be thimking of you and praying for your family.  Hopefully the tribe is one of the ones tha is receptive to non-native adoptions.
  • Hope it works out for you! Sorry you have to go through this so close to EM's due date...We had to go through the tribe twice (before and after the birth of our son), the first time response took a while but it all worked out. GL! 
  • I am so sorry this is causing you stress.... I know how scary it all can be.  Hang in there and know lots of us are praying for you and the baby.

    Darn these antiquated laws!   As a side, I would assume most adoptive parents would gladly register with the tribe, incorporate heritage, etc... but instead these laws make us leary and somewhat afraid of the tribes.  Ugh.

    image Best friends and sisters... 24 months and 16 months
  • Hi - My friends were just devastated by ICWA. I wanted to make sure you are aware of our efforts and to find out how things turned out for you. We are actively working toward getting amendments to the law. The amendments we are pushing for would protect you in this type of situation. A group of us are going to DC on July 11 to advocate for changes to this law. Hopefully, everything worked out for you. Here is some information if you are interested. God bless!

    https://www.facebook.com/SaveVeronicaRose

    https://www.change.org/petitions/save-veronica 

  • I'll be praying for good news for you!
    image
    Little Slick
    Born 6.26.10
    Forever a Family 11.26.12
This discussion has been closed.
Choose Another Board
Search Boards
"
"