Hi Friends, we just got the legal statement from the Judge - UNBELIEVABLE! I don't know how to answer most of this, and to be honest, I am so mad and upset right now, I am sitting here crying and shaking.
Basically, I have less than a week to get this done...after everything is done, it needs to go to Indy to be apostilled (add about 3 days), then ship to Irkutsk (which can take anywhere from 1-week to 2-weeks), and at least 5-6 days for translation (that is a generous time for translation)...right there is 3 weeks - UGH!
Since the blog is private now - I can post the entire statement. I am doing this so that you all can help me. I can't think clearly on this...some of you are Real Estate experts (LORI!!) and might be able to help. Note my comments in blue.
Legal statementpetition for adoption
- you need to add information that Anna was offered to Russian citizens for adoption but she was not chosen.
(no big deal)
- You need to add your employment, positions and income (salary) for each of you.
apostiles for the state of Indiana:the judge wrote that the apostiles of state of Indiana looked like it was a copy (no real stamp, no real signature).
Then she writes that the sentence that starting with May 1, 2003 all apostiles from the Indiana Secretary of State will have an electronically printed seal does not substitute a real apostile.
The judge suggested that we provide a copy of the Hague Convention that says that electronic apostiles can also be used by counties. ( articles 13, 14, 16, 18, 23 and 24) – conclusions and recommendations adopted by the special commission – the practical operation of the Hague apostile, evidence and service convention (28 October to 4 November 2003). Also I guess in 2003 the state of Indiana adopted an act regulating the use of electronically printed seal on the states’ apostiles. I think we will need a copy of the act.
Please note that copies of the act or Hague convention should be certified by a notary only.
Apostiles of CaliforniaThe judge writes that the size of California apostiles (all NL documents) is not correct. We will give her a copy of the Hague Convention (article 13). Also for the Ninmans we applied to the Russian Consulate ( or Embassy) and they put a sticker on California apostile which said that the apostile was correct and it was issued in accordance with the Hague Convention.
(already asked our California agency to help with this)Marty’s passport photo was not of good quality for the judge. Make a new copy, so that Marty’s face was very clear.
(this was the clearest copy imaginable, actually Jeanna at church made the copy, it was clearer than mine!)
Marty’s and Katherine’s employment letters (MasterMediaProductions) should be signed by the head (president or director )of the company. The position of Barry Hall – partner – has not satisfied the judge. So get new letters and get it signed by a president.
(thing is, Marty is the president...so he can sign his own employment letter. In the past, since we are self employed, we had to get a letter from the corporate CPA attesting to the fact we are self employed....hummm...Barry was the corporate CPA)the letter from the real estate agency – Rockwell which speaks about sq.m and price does not say who the discussed house belongs to. Add your full names to that document.
a letter from Elkhart County Assessor, sighed by Doug Thornton – this letter does not state timing of the house’s purchase, the basic reason of owning (will, inheritance, purchase and etc) and how it is divided between you both (equally, if not – give details).
the judge does not accept the quit claim deed ( she probably does not understand this, frankly speaking I do not understand it either) – she asks for a legal document that shows your full ownership of the house. She says that this document ( quit claim deed) does not say what you own exactly, it does not say that it is a living house, it does not say how it is divided between you both (equally?), it does not say what your ownership right is based on. It does not say when Marty obtained this right for the 1st time.
(not sure what to do about this - help!)
For example, the French and Isreali families provide a 30 page Purchase Agreement which states all facts and details of the deal, including price, descriptions of the parties, all conditions, descriptions of the house and etc.
(no can do, Marty built this house, he didn't purchase it from anyone)If it is not the case we may need some sort of clear explanation from Elkhart City Recorder concerning quit claim deeds. Please take into account that in Continental Law (most of Europe) all these documents are very precise and detailed. This is what the court is expecting. May be the Elkhart City Recorder can again confirm what you own, how you obtained that right, your parts in this house, your property should be called a living house.
new police letters with your full names
we need a new letter from the Elkhart Superior Court, composed in the same way it was done previously, in August 6, 2007 (signed by David Bonfiglio) (it was detailed and it addressed all aspects that the judge was asking). The new letter that you have just provided is not really good.
medical reports… the judge wrote that the medical reports do not have the official (heraldic) stamp of the hospital. There’s indeed one official stamp of the South Bend Clinic at the last page of each report, it was imprinted in the paper, I did not see it myself but later I did find it.
(of course, there is no such thing as an official hospital stamp in the United States, and the medical lic board isn't going to call something an official stamp that isn't required by all clinics.)Coordinator comments: make new medical reports, even with the same dates. Use just one apostile for each report as it is rather difficult to use the medical report with several apostiles attached. The organization of each report is brilliant, as you have enough space for each specialist and all stamps are clear to read. Now, leave more space again for the official stamp, as you will need to ask for this stamp to be put for each specialist (in the head doctor space). I think may be you can use one page for one specialist, so you will have 8 pages, 8 official stamps.
Then, I suggest ask the Indiana health board to write a separate letter saying that that particular stamp is an official (heraldic) stamp for that Hospital.
11. Children’s Bureau
(no idea on this...need to send off to INdy)The judge writes that the explanation letter concerning Children’s Bureau ( of January 20, 2009) is not signed by the head of Indiana Department of Child Services.
What I suggest is – try to get the similar letter with more focus on the function to do home studies for adoptive families. I guess it would be impossible to get it signed by the head of the department. In this case we will need a letter showing the delegation of authority (from the head of the department) to sign the documents to the people who signed that explanation letter.
The judge also asked for a copy of the law that would state that the Indiana Department of Child Services is entitled to issue licenses to child placing (adoption) agencies and that Indiana Department of Child Services may write some sort of explanation letters explaining the competence of the adoption agencies and type of work they can do. The license itself is very short and it does not really state what functions Children’s Bureau has, and the judge wants to make sure that Indiana Department of Child Services does not exceed its authority by explaining what Children’s Bureau can do. Try to get only relevant pages of the law, we won’t able to do translations on time if has many pages.
Concerning Nightlight Christian Adoptions …
The judge would like to see a confirmation that California based agency ( NL) may approve a family living in another State (state of Indiana, in your case).
or California based child placing agency may approve a home study done by an agency located in another state. In your case the judge would like to make sure that all commitments signed by NL in regard to you and Children’s Bureau were correct and legal.
we need a new commitment to provide post placement reports from you – the one you sent is good but you need to add a sentence to it – that you will give a possibility to Children’s Bureau to monitor the living conditions and upbringing of Anna (her full name).
we a need a new Embassy letter (with your full and correct names).
the judge requested to see Indiana Adoption Law.
(we did prepare this, but apparently it was not presented to the Judge...no one else has had to do this, they only had to submit the relevant parts of the law)I did not give the judge the copies of the law which were attached to the attorney’s explanation as I thought there were confusing with all details in it. So the judge asked for a “full” Indiana Adoption Law. I do not think we will have an ability to translate tens of pages of the law, so may be you can again provide these copies. The copies need to be certified by a notary. Also we may need copies of the law where the specific requirements for adoptive parents are outlined. For example, you need to be an Indiana resident, aged 18 or older, married for at least 1 year and etc… to be approved as prospective adoptive parent.
Also the judge asked for a US Federal Adoption Law. I am not sure that there’s one. May be we can give INS regulations?
(there is no such thing, I did ask our California agency about this, if I need something else from the INS, I am going to lose my mind!)Please note that if your names are mentioned in any new documents - they need to be full, as in the passports.
(they say Katherine Friend or Katherine A Friend, not Katherine Ann Friend - are you freaking kidding me??? As if she doesn't know that is ME!)
