The post I didn't want to write

We had our court hearing, and ultimately while the news is not positive, there were some good elements.

The tribunal is not able to rule against legislation, and so the decision to remove our names from the register and our file from China remains. It sucks. I don't know what else to say.

I mentioned there were some good elements. The tribunal was awesome. They believe we had a very strong case and said we are a very impressive couple whose passion and commitment were evident, however they are bound by law. They said if there was any way at all they could change the decision that the Dept had made that they would. They were incredibly empathetic towards us, and justifiably interrogative of the Dept. They drilled the Dept. on a number of issues trying to see if there was any way around this at all; sadly there wasn't/isn't.

All along the Dept kept saying, 'Don't worry, when your son turns 1 you can start the process again!' (like it was no big deal to just lose the past four years spent in the process). Now they have advised us that even if we reapply when he turns one (in eight weeks time), they are unlikely to progress our application at all in this financial year as they already have enough couples to deal with. They have also said that they wouldn't accept us for China BECAUSE THE WAIT IS TOO LONG so they are directing couples to other countries. Can anyone else see the irony in this? Sometimes I wish Queensland had private adoption agencies instead of an apparently anti-adoption government department managing these things.

The recommendation for us is to finish having any biological children and then when the youngest of those turns one year of age to apply again, and hopefully by that time they will be accepting couples for China again and able to move us through the process.

And that is that.

Devastated.

Heartbroken.

Frustrated.

Annoyed.

But trusting. Trusting that everything will work out eventually. We will have our blended family. It will not be in the time frame we hoped or planned for, and we have a thousand more boxes to check and hoops to jump, but we will not give up.

Thank you for sharing our journey.

In case you were wondering...

Ah, my lovely blog. So neglected... but for good reason.

Where do I start? For those who know me in person or on FB, this will come as no surprise. For those who have been following our blog for a few years, I have some news.

Early 2009 we looked at the wait times from China and concluded that we were many, many years away from a referral. Some website calculators using referral data predict our referral to be another ten years away. You may be aware that it has always been our intention to have a blended family of biological and adopted children. You know where this is headed right?

We made a decision to pursue pregnancy.

Our beautiful boy was born in December. He is now 8 and a half months old.

In February this year, when our son was two months old, new legislation came into effect in Australia. I guess they figured things weren't difficult enough already for Australian couples trying to adopt. Basically, if you have a child under 12 months of age in your care, you are deemed ineligible and your names must be removed from the register of 'suitable adoptive parents'. Once your child turns a year old, you can recommence the adoption process FROM THE BEGINNING. Yep, there is no allowance for putting a file on hold, you are pulled out completely and required to go through the process again, even though the period of ineligibility is temporary.

This seems ludicrous to us and defies logic. We have been told that it is because we need to be prepared to accept the allocation of a child at any given moment, and if we already have a baby we are not in a position to do so. Of course, the facts don't matter - it is irrelevant that China refers on a chronological basis and that we are never going to get an out-of-the-blue surprise phone call one day. This legislation is generic and covers all adoptions in Australia, including local adoptions and those from all participating countries. There is no allowance for individual country programs (eg. those with exorbitant wait times) or family circumstances.

Anyway, long (loooooong) story short, our file has not been pulled from China. We are in the process of pursuing administrative tribunal as we fight to stay logged-in. We are also working towards having the legislation amended, so we'll see what success we have with that.

So that's our news... hopefully it was worth waiting for!

Here's a pic of our joy:

Batch 9 Referrals

OHMYGOODNESS! Qld Batch #9 have received their referrals!

T and P were referred a BOY! See his gorgeous face at China Moon.

After a long, dry spell of no referrals for Queensland, this is joyous news worth celebrating! Can't wait to hear about others in the batch.

5 months logged in, pending referrals and another hat to wear

Eek! I missed our five month LIDversary on Sunday, but that's okay - we were out with our China adoption support group for a belated CNY lunch, so we celebrated in style!

Queensland is *this close* to referrals for new babies from China. We had NONE in 2008, so everyone in the support group and China adoption community here is hanging out for good news. I know some of the couples in the batch about to be referred, and it was so disappointing last month that they missed out by one measly log-in day. At least we know they will definitely be next.

In other news, the President of our state support group IAFQ (International Adoptive Families of Qld) contacted me last night. He is going to nominate me as Vice President at the AGM next week. OMG what have I got myself in for. I am already over-committed and time-poor. I will need to work hard at doing justice to the position.

Oh, one more thing - OziMum is in China (finally!)

Batch buddies

We (finally) got sent the names and contact details for the other seven couples in our batch today. Hrm now what. I guess someone has to initiate first contact, but it may be a little pointless this early on. Although I guess we don't have to meet up - I could just send a 'hello' email. Hrmmm...

We're not just the same batch; we're also the only files that went to China from Qld this year! It's intriguing to think we will be traveling together and that our children will have a lifelong connection. Maybe our children will all be from the same orphanage. Will we get a 'red couch' photo like the thousands before us?

I also wonder how much can happen between now and referral. How many of the eight couples will drop out / change plans / give up waiting?! (Not us!)

Something? Anything?

Working for the Intercountry Adoption Unit (which I just always refer to as 'the Dept' because it's part of the Department of Child Safety) must be a tough gig. We've seen three coordinators for the China program come and go.

Right now there is no dedicated coordinator until they appoint a newbie. The team leader is looking after the China program, but she's a hard lady to catch. She only works Mon, Tues and Wed. I rang on Wednesday and was told she didn't start work until 1pm. I left a message asking her to call, but I guess she's snowed under. I'm not an annoying stalker. I've probably phoned the Dept twice in past two years (and if I hadn't, our file would still probably be on hold for no valid reason).

I would like to know whether there are any other files ready for our batch! I'd like to know an estimate of when our dossier might finally leave these shores. Actually, I'd just like any information at all. And I'd like to suggest that they might update their dossier paperwork so they're not still telling people it's a 14 month wait for a referral from China.

This probably sounds like a rant, so I want it to be known that I respect the team working at the Dept and I hold them in high regard. They do a good job under difficult circumstances and like most Government agencies are probably understaffed. So they should give me a job there to come and look after the China program :-) I'm a fully qualified hoop-jumper and box-checker. And I return phone calls. Sometimes. (Ok, I can work on that one).

Adoption register

Queenslanders can't just apply to adopt whenever we choose. We need to wait until the state adoption register is open. The register closed again on Monday, with no word on when it will re-open.

Last time it stayed open for 8 weeks, then closed for 18 months. I stalked the Dept during that time asking when it would reopen, and they could never say. This time it was a bit better - it stayed open for a whole year. We got in real early with our expression of interest (last August), because we had been watching and waiting for it to open.

It's very sad for people who make the decision to pursue adoption while the register is closed, with no indication of when it will reopen. There are no other options available, either, as all adoptions in Queensland are managed by the government (ie. no private agencies).

Our local support groups had been lobbying for the register to close overnight only, opening immediately the following day. That didn't happen.

The local low-down

Five families in Queensland received referrals last weekend. I'm not sure why we find out a week later than the rest of the world, but it must be torture for the families concerned.

That's it for the 2005 LIDs from Qld, so it's not likely that there'll be referrals for a while now. Hangin' in there for Batch 8 & 9 who are next and have a February '06 log-in.

Local Requirements

The CCAA's new guidelines won't change an awful lot around here. In our state, Queensland, the following requirements for adoption were already in place and have been for a while:
- no singles
- married for two years
- not suffering from a physical or mental condition or disability to the extent that you could not provide a high level of stable, long-term care for a child. This includes having a BMI in the healthy range
- not more than four children in the custody of either or both husband and wife
- expression of interest progression is dependent on the results of a criminal history check (possibility for case by case consideration)
- until recently, there was an age limit of 47. Amendments to the Adoption of Children Regulation in 2004 removed this upper age limit.

We also have the following requirements...
- no adopting out of birth order
- adopted child must be at least two years younger than any other child in the family
- full time home care of the child by either husband or wife for twelve months following adoption (ie. no daycare / childcare)
- adoption is only possible from countries that have ratified the Hague Convention (or are signatories to a bilateral agreement that they will act according to the principles of the Hague) and that have official agreements in place with Queensland. At present, this is less than 15 countries, many of which have miniscule quotas for the number of children they will allocate to Queensland each year. There are quite a few countries where there is a backlog of files from Queensland, and consequently we have couples waiting for years and years for a placement. I'm thankful that China has no quota system.

Further, couples can't just apply when they want to. We have to wait until an Expression of Interest process opens. It was open for a short time in 2004 (I think it was about 6-8 weeks). If you missed out getting your expression of interest in then, too bad - you had to wait until the next opening, which they couldn't say when it would be. It ended up being in July 2006. This meant that some couples who just missed the deadline had to wait over 18months just to even lodge interest.

It is made clear in documentation that the Dept works on behalf of the best interest of children; that adoption is a service for children, not parents.

I'm not sharing any of this to complain - I'm just shedding light on the procedures and rules we have to follow, as I know that it is very different to adopting through an agency, like is possible in the States. I believe the Queensland process is thorough.

It's probably pretty clear why this blog is titled Checking Boxes :-)

Good news for Queenslanders

I was excited to read the following excerpt from a speech by Mike Reynolds, Minister for Child Safety.

“Over the last few weeks, I was very pleased to have had the 
opportunity to visit China and Korea. 

The purpose of my visits to these countries was to gain a first hand 
understanding of how the adoption programs are administered and to 
demonstrate our commitment to working together in partnership to 
ensure the best outcomes for children who have already been placed 
with Queensland families, and those who may be placed with our 
prospective adoptive families in the future.

I am pleased to say that both countries adoption authorities hold 
the Queensland administering body – the Department of Child Safety – 
Intercountry Adoption Unit – and our adoptive families in high 
regard. 

While in China I met with management and staff of the China Centre 
for Adoption Affairs, the central authority for adoption. The centre 
is recognised by the Hague Convention on the Protection of Children 
and Cooperation in respect of Intercountry Adoption. 

I also met with representatives of the China Women's Travel Service 
which assists Australian families with the adoption process in China.

The centre is committed to ensuring that their children's best 
interests are the paramount consideration in the delivery of 
adoption services. This is a requirement under the Hague 
Convention, to which China became a party in early 2006.

While visiting the China Centre for Adoption Affairs, I was able to 
see first hand their very efficient adoption processes. I was very 
impressed by the professionalism of their staff and the way in which 
the matching of children to their adoptive family is undertaken.

While I am aware that there has been an increase in applications to 
China generally from overseas prospective adoptive families, I am 
pleased to inform you that the China Centre for Adoption Affairs 
advised that they were interested in receiving more files of 
approved prospective adoptive families from Queensland.

This is welcome news, as there is no limit to the number of files 
that any one Australian state or territory can send to China. 

The department will be taking up this request further in relation to 
the number of files sent from Queensland.

While in China, I was also privileged to be invited to visit one of 
the orphanages in which children are cared for prior to their 
placement with their adoptive families. The facilities were very 
well maintained and the children well provided for, including having 
access to a resident paediatrician.”


Information Session

This afternoon Aaron and I attended a public information session about adoption, held by the Dept. of Child Safety. They are running a series of these sessions around the state over the next twelve months while the register is open.

The girl who ran it (Michelle is her name) ran through a series of PowerPoint slides that gave the same information from the application pack and website. But it was still good to go to. There weren't many other couples there, perhaps six. We were clearly the youngest.

We spoke with Michelle afterwards for a little while, which was so reassuring. I was concerned that because I am still 18months off being eligible for adoption from China that the dept might not want to process my application until then. I was so pleased to hear that we could put our application in as soon as we want because we are fully eligible under the Qld conditions to apply, and that by the time they get to sending our file to China that I would be 30 (and if not they would just hold our file until that time). This is exactly what we were hoping to hear!

Aaron said he experienced waves of emotion during the session. He described it as a mixture between scared and excited - because something that we've talked about for so long was suddently 'here' and happening, not just something we were going to do 'one day'. It didn't affect me like that, but Aaron reminded me that the 'realness' had hit me when we had our first correspondence back from the dept, and I was full of joy and bouncing around the house, wondering why Aaron wasn't excited. He said at that stage it still wasn't real yet for him... but it seems it is now!

Michelle told us that she visited China in May this year and went to the agency they deal with for adoptions. She said she walked into a room that was floor to ceiling and wall to wall of files from all over the world - people applying for adopting a baby from China. Queensland doesn't have a yearly quota from China (unlike other countries), and they said they want more Queensland couples! It seems from that statement that the hold up is at this end - maybe more workers or faster processes would help.

I feel like I'm pregnant - the same sort of joy that I believe a couple would experience when they find out they are expecting a child. The only difference will be that we won't have a baby in 9 months... it's going to be a much longer gestation period!

Adoption Register

I first contacted the Dept of Child Safety early to mid last year to register our expression of interest for adopting. I filled out the forms and sent them off... and didn't hear a word. As time passed, I wondered what was going on, so I e-mailed the dept. Here's the transcript:
------
Hello

Weve been diligently checking the department website for information regarding the next opening for Expressions of Interest for intercountry adoption. According to the website, it's been more than a year since the last information sessions etc. were offered and we'd love to know if there will be anything similar this year. Thank you for any information you can provide.

Kind regards,
------

I gratefully received a reply the following day:

------
Amy N Fletcher to me 20/10/05

This to notify you that your request - Re: Query has been completed.

Thank you for your enquiry.

At this stage we have no information as to when the next Expression of
Interest Register will open - it is opened when there is a need to assess
more prospective adoptive parents. Because of the large response to the
last Expression of Interest (up to 600 applications) it is not expected to
open this year.

If you would like to be notified by mail when the next register opens,
please complete the attached document and return to the Intercountry
Adoption Unit.

Kind Regards.
------

We had already completed and sent off the forms earlier in the year asking us to be added to the notification for when the next expression of interest would open (the document she was referring to). After reading that there were up to 600 applicants, and knowing that there were only 60 inter-country adoptions in the previous twelve months, I did a quick calculation and wondered if it would take ten years to fill the backlog. Hrm...

Time passed and about three weeks ago I was reading the weekend newspaper and I saw this:


The 248 applicants it refers to is for Qld adoptions... (intercountry was the 'up to 600' amount already discussed...)

The information was on the news the next day and I also saw the Minister's media statement about it.
In any case, wahoo! The register is open! This is our opportunity to get the ball rolling! Even though I am still not 30, I figure if we start the process now, then by the time we get through everything we need to I will have turned 30 and the file can be sent over. The thing I find interesting is that the register is open for twelve months. Last time it only opened for a window of eight weeks.