Court Process after we receive our referral

3 months and counting since we've been on the waiting list. It's actually gone by fairly fast so far. Just hope it continues to do so.

After we get a referral (get picked to be the adoptive parents by the birth parents) we then have to go through a lengthy court process in Taiwan. Here is a breakdown of it (thanks again Michelle!)

District Court Process-

a. The family court office reviews the case/petition and a Judge is assigned to the case.

b. Judge reviews and considers the case and schedules a "hearing". Hearings are handled differently depending on the birth family's situation, the judge's schedule, persons representing the birth family and those representing the adoptive family. The time involved in getting a hearing scheduled depends on the judge's calendar/schedule and that of everyone else required to attend.

What happens during the hearing?
Most often, the hearing just provides a judge with more information about the case and allows him/her to rule on the adoption with confidence. The responsibility of the District Court is to make sure that every issue related to the best interest of the child has been considered. Though lengthy &frustrating at times, the District Court process protects the child,the birth parent, the organization caring for the child, AND in the end protects us as adoptive parents. When the District Court decisions have been made, adoptive families can be confident that the process was handled with consideration and in the best interest of the child.

Next comes the FIRST RULING (Part 1 of first decree)
Once the District Court hearing has been completed and the judge has had time to make a decision to finalize the adoption, he/she issues the first part of the Final Decree. This is a short statement signed by the judge that is forwarded to the parties involved (social services organization on behalf of the adoptive family and the birth family) notifying everyone of his/her decision to finalize the adoption. This first part of the Final Decree must go to each party and there is a waiting period of 10 days before any more can happen to ensure everyone has been notified of the judge's decision. The First Ruling generally comes about a month after the Hearing.

The Second and Final Ruling (Part II of Final Decree)
Once the 10 day waiting period is up (and the court staff finds time!), the second part of the Final Decree is forwarded to all parties. When the second part of the decree is received by your child's social service organization, the court process is DONE! The final ruling generally comes about one month after the First Ruling.

After the Final Ruling all of the steps below need to be taken care of. We will be told when the Final Ruling takes place and then it is about 3 weeks or so before we are given our travel dates.
Before adoptive family travels, a lot must be accomplished by the child's social service organization.

All court documents and background info on the child must be officially translated to English and submitted with certain paperwork to AIT (American Institute in Taiwan).
Also, the child must have his/her Visa medical exam which is forwarded directly (unopened) to AIT's immigrant visa office. At some point the child's guardian must file for a household registration change. The household registration is a file located at local government offices in Taiwan that contains certificates and information about each person in Taiwan. Your child's household registration is attached to his/her guardian's file until the adoption has been finalized by the Taiwan courts. Once the child has been legally adopted in Taiwan, the guardian files with the government office to remove the file from theirs and create a new file showing that the adoptive parent(s) are the new legal guardians. The household registration change takes a day or two or a week depending on the placing organization and the local government office.

Last and final step:
New family receives a travel date. Each organization in Taiwan is different in when and how they schedule a travel date. Some wait until all of the above paperwork is filed and then give the family notice to travel quickly. Some schedule the travel in advance, while they work at preparing the above documents, giving a couple of weeks notice before travel.


I am looking forward to getting to this point! Thanks for reading!!

Shane and Misty