Friday, March 26, 2010

Could you be more vague?

Just when we were about to sign on the dotted line with our Georgia agency, we got a call alerting us to a potential problem. Our social worker is working with a couple in a different county who are trying to finalize their adoption. The courts denied their adoption because they used a consulting firm---or was it a facilitator??? Even though no one seems to know what the legal definition of a facilitator and a consultant are, facilitators are illegal in most states--or are they? While pretty much everyone says they are illegal, I can't find it in a written law that they are illegal and have found a site talking about how in Ohio and California, facilitators are allowed to charge for their services---but they are illegal.

I was told to call the probate court and talk to the magistrate. I called her and while she said Ohio has not been in favor of these situations in the past, its really up to the judge we get when we try to finalize. However, when she was talking about the situation, she described what a facilitator does, not a consultant. When I told her we were working with a consultant, not a facilitator, she didn't see a difference?!?!

It gets better. I called Courtney, our Georgia contact and part owner, and explained the situation because, of course, our social worker is gone for the day. She explained they are in the process of getting licensed by the state of Georgia and since facilitators are illegal (maybe), if they were a facilitator, they could not be licensed. Also, they are currently working with another couple in Ohio (we are in the process of finding out what county) who originally had the same issue, but once the process was explained, everything was fine.

So what is a facilitator? Most people think of baby byers when they think facilitator. A facilitator will say pay me $10,000 and you will have a baby in 2 months. The client pays, a birth mother is found and at the last minute the adoption falls through for what ever reason. Since the facilitator lived up to their end of the bargain, you are out $10,000 and have to start all over again. That is why they are illegal---maybe!

The consultant passes your information on to agencies and attorneys. Once you are matched with a birth mom, they step out of the picture and you complete your adoption with the birth mothers agency/attorney and your social worker and if you like, you can hire an attorney too. Which is why they are legal---maybe! Or they are legal, but the courts don't recognize them. Or some courts do, it just depends on the county and then the judge you get!

HUH?????

Anyone know a good attorney?

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