Who's Your Daddy?

Just found out the person placing J for adoption actually doesn't have the rights to do that! He's only his legal guardian - not legal parent. So, the $1000 spent on a social worker meeting with him to sign over his rights was a complete waste of money. And now no one knows who has jurisdiction. He's technically an orphan. His records are sealed so our lawyer can't find out if the birthmother still has rights. Only a court order will open them. His "legal guardian" can nominate us as new guardians, but he's in surgery today. If he doesn't make it, then J goes into foster care tomorrow. If he does assign us as guardians, J can stay with us but we have to wait a year before applying to adopt.