Let me note upfront that this is intended solely for perspective. It does not deal with whatever may or may not be permitted or justified in Guatemalan law. Discussions of that are better suited for those with degrees in law, not marketing. In addition, I just ask that everyone lay trust in that the things I say have occurred are true, they are based on cases that I know of personally.
As many of you sit eagerly in pain waiting to find out what the heck is really happening or going to happen, I think it’s valuable to take a step back and try to put ourselves in someone else’s shoes. No one can deny that the best interest of a child, assuming a legitimate, legal, and ethical adoption, is to have the process completed and for the child to join his permanent family as soon as humanly possible. On the same note, as hard as this is to examine objectively, the desires and emotional strain of PAPs is not really relevant in this discussion. I honestly hate to say that. I know it will feel like a knife in the side of many who read this. But the purpose of an adoption system is to find parents for children who need them, not vice-versa.
Let’s look for a moment at what the CNA (Consejo) inherited. They know of children who have been kidnapped for the purpose of adoption. This is a sad fact. I’m not saying how many, but we know there have been multiple such instances in recent times. In addition, they know of instances where judges have been paid off in order to get abandonment decrees for children. In a country with astronomical rates of illiteracy and a largely rural, impoverished population, notices in newspapers are not necessarily of huge efficacy. Remember that one of Colom’s campaign pledged was to clean up the judicial branch.
The Consejo knows of instances where social workers have been paid off to write the social worker reports whether or not they ever actually met the biological mother. They also know of instances where someone posing as the biological mother, with a falsified cedula as back-up, has been used for these interviews. The use of fraudulent cedulas and birth certificates is also not a secret.
It is known that some notaries and attorneys would have birthmothers put their fingerprints on a ton of blank papers to be used at a later date. This could be “harmless” as a way to avoid extra inconveniences on birthmothers for whom Guatemala City is far away and who likely work as migrant laborers, travelling wherever work and the latest harvest is. But it could be done for more nefarious purposes as well.
In Barrios’s PGN it is widely known that bribery and extortion were used in order to get cases processed. Normally we think of this as a way to prevent adoptions from being completed. But it could just as easily have occurred as a way to get them completed.
In short, the Consejo is aware that for a price, almost anything could be accomplished. Within the context of the former, grandfathered system, it has been very hard to verify the origin of the child and circumstances involving how she entered the adoption system.
Yes, the DNA test established true maternal bounds and yes, women should have been informed what was happening. And I am not saying that the birthmoms did not. But what if they didn’t fully understand adoption? What if they changed their minds? What if their fingerprint is already on numerous sheets of paper when they change their mind?
Now for a moment imagine that you are the head of the Consejo. Imagine that you are a parent. For those of you with children, imagine how you would feel if your child was stolen and given to someone else to parent.
What would you do with 2000+ children in the process of leaving Guatemala?
What is the only way to verify that these children’s mothers do in fact intend for them to be adopted?
The answer is to interview the birthmom. At least I can’t think of any other way.
This is not me trying to say it is something I support. It is me saying it is something I understand. The argument that it is a little late to start doing this is a valid one. But on the other hand, the Consejo didn’t exist in the past. And the past months have likely been eye openers I am sure. We as PAPs and Guatadopt are not privy to everything they know. But I do personally know of the pain facing some parents in Guatemala today.
Today, no one can claim to know to what degree these sickening forms of corruption existed. No one knows how many of the in-process cases are legitimate, how many are faulty, and to what degree those faulty ones are problematic.
I am an adoption advocate through and through. I am fortunate to know the circumstances of my children’s adoptions and of their biological mother. And I know that today, all parties involved, my kids and their biological mother, are better off because of what adoption can offer. What sickens me is that this is not the case for all of the adoptions that have occurred. I am truly disheartened by the things that I have come to know over the last couple of years.
Some in the adoption community have accused Guatadopt of turning on the community. That is unfair. My disgust of UNICEF, Casa Alianza and others has not changed. But I have also come to see that this is not a question of picking sides, this is a question of human rights, dignity, justice and equality regardless of people’s socio-economic status. Have I become more critical because my kids are home? Did I view things differently when I was in-process? It’s possible. Who knows because the truth is that at those times, I didn’t know all the things I know today.
So what would I do if I was the head of the Consejo? Really that’s irrelevant. But more relevant for all of you struggling right now is to find a way for a moment to separate yourself from your world and ask yourself the question, “What would you do?”
Paz!
Posted by Kevin at April 27, 2008 04:48 AMVery well said Kevin. You make some very good points. When I get really down, I will think of what you have shared.
Thank you for all you do.
Posted by: Mini at April 27, 2008 05:04 AMOk Kevin, everything you say makes sense. But you have forgotten one important thing. There are cases that don' t fit at all in what you said. My case for example. My son was found abondoned on the street when he was 2 years old and given by a judge to a private orphanage; after one year of trying to locate the family he was declared abondoned and up for adoption. At this point no one yet was matched to the kid as adoptive parent. Five months later he was referred to us. We accepted and went to Guatemala to visit him. Now it is clear that in cases like mine no one stole the kid; the biological parents and relatives can' t be found or don' t want to be found. If the kid got lost the parents or relatives would have looked for( and found ) him after all this time. I think at the CNA they don' t even know that there are such of cases; they don't even know there are parents adopting children with special needs. They only know about cases of mothers relinquishing new borns. And at the end they only go to spend time to the zona viva. They don't pay attention to what happen on the street of Guatemala City. If we take a walk around the corner of our hotels in Guatemala how many children we can see crying because the parents have abondoned them hoping that some one would find them and bring them to shelter where they can have food and medical attention? For this children there is no alternative: been adopted or living in an orphanage until 18 years old. And what the people in charge of the adoption procedures do? They do what ever they can to leave the children without a family.
Congratulations.
Vince
Posted by: vince at April 27, 2008 01:45 PMVince,
You are correct that there are cases that are clearly legitimate. And assuming an audit is taking place, hopefully those will be cleared quickly. It seems to me that would be the first step in an audit, to separate the ones that need no further scrutiny.
To ALL: comments will not be cleared much of the day today. We don't sit by our computers 24/7 and the weekends are daddy-time. Today I'll be taking my kids my daughter's new BFF (also a Guautemalteca) to her favorite museum. So please don't post the same thing repeatedly, comments will be cleared when I get back on my computer during nap time.
Thx,
Kevin
Guatadopt.com
Vince - We have numerous families who are trying to adopt children who were abandoned. With many, it is obvious they were abandoned. Some families have waited for years....and it tears us up to think this child is being kept from a loving family. In some cases, the judge is just an idiot and very anti-adoption.
But the abandonment process is not perfect either. One of the cases that keeps us up at night could be processed as an abandonment case. I would say the resources to check the child's true status are just not available everywhere.
So, while I cringe at the thought that children are suffering when "policies" are abused, I have to consider what can be done for this particular child??
We do not want the children prevented from coming home. We ARE adoption advocates...but we are also child advocates. Its a fine balance and it breaks our heart to see that its not working the way it should....without punishing the child!!!
Kelly
Guatadopt.com
If the additional requirement of another interview with a birth mom is such a good idea now then it should have been implemented in January when CNA got involved. It is completely unfair to the kids and the PAP to have yet another step thrown at them at this point. (Sorry I personally believe that PAP's and kids have rights in this system if they don't you will see the potential pool of PAP's dry up.) Many of us (in us I am including parents and children) have been hit with a number of additional steps and here we are side swipped yet again.
Posted by: bridget at April 27, 2008 04:45 PMHi, Kelly, I just noticed that you mentioned a case that could be an abandonment case. Just wanted to let you know that any child who goes through the abandonment process now, takes a big chance that they will not get matched with their American family.
My atty avoided this last year, so not to risk the process extending into 2008 after the new law and it literally took 3 private investigators and 6 months of delays to find the birth mother.
Posted by: airstar98 at April 27, 2008 05:26 PMInterview the birthmother, verify the consent, clear the case . . . it makes sense, and it sounds logical. But I'm sure you can understand why PAPs are worried that there will be more inefficient processes, more unnecessary stalling of cases, or even more corruption / bribery to get anything done. PGN interviewed the birthmother in our case months ago, yet our case still sits there (not cleared, not rejected). I would love for the CNA and the PGN to give us all a reason to trust them, but so far it seems like all we have been given are many reasons to doubt them.
Posted by: km at April 28, 2008 03:02 AMKm I agree with you, how can you trust anyone at this point, we have all been lied to and are victoms here. It seems that what you are saying kevin is no one can be trusted. Social workers take bribes, the attorneys are corrupt, PGN officials are corrupt, judges paid off so who do you trust? I am going to say this again this has been going on for YEARS and YEARS how would those PAPS who already have thier children home be told hey wait a minute, just in case your child was adopted illegally we are reopening cases and investigating them all. How would you feel then?, would it not be so easy to sit in your ivory tower holding your child and feel safe to say yes, so sorry for those of still waiting on your child, let the CNA do this stuff now this illegal stuff has to stop , now is it?
Posted by: Karen at April 29, 2008 06:13 PMKevin,
Thank you for this thought provoking article. It's hard for me as an AP to swallow but I'm trying. You have many valid points and a very persuasive argument is made. My only concern is that policy makers spend a lot of time imaging themselves as the birth parent and not as the child. I hope the consejo will recognize a child's need for permanence and the sooner that child receives it, the better.
If the consejo is going to interview each and every birthmother how will that be done? When does the child's need for permanence supercede the need for this interview? What if a birthmother can not be found? What if a birthmother is too scared to show up for the interview? What if a birthmother can not afford to travel? How long will a child be left in limbo? Let's say 20 people be hired to help with the interviews. How will we know those 20 people will not corrupt the system?
If I was the consejo perhaps I would proceed with the interviews but I would definitely set a time limit. I don't think it is in the best interest of the child to linger indefinitely in foster care or an institution.
Guatadopt thanks for all that you do!
Posted by: Jenn in PA at April 29, 2008 07:38 PMKevin,
I agree with what you have said and have made the decision to stay positive. That being said, my family will not pursue another adoption when this one is completed. I have the luxury of being able to have another biological child (we already have 2). When we began this process my desire was to make a difference in the life of a child. Somewhere along the way I lost my rose colored glasses. When this is over, I have decided to make a difference in the lives of children in other ways such as supporting children in orphanges and fighting for a better, less corrupt process.
Keep up the fight.
"They only know about cases of mothers relinquishing new borns. And at the end they only go to spend time to the zona viva. They don't pay attention to what happen on the street of Guatemala City."
Vince, you could not be more condescending. Do you think we Guatemalans are THAT ignorant? I understand your plight and wish your case gets solved, but your comments on Guatemalans, your gross generalizations and the implications that no one cares and people aren't aware of their own reality are simply offensive and out of line. Your statements sound so ridiculous that they do a real disservice to other points that you may bring up that could be reasonable. As much as I hope abandoned kids find good, loving homes, I cringe at the thought of them being raised believing such bias about their birth country and their fellow Guatemalans.
Posted by: Mariale at May 1, 2008 08:13 AMMariale-
Please go back and read again my comment. It is clear that I was talking about the people that work at the CNA. I am not talking about all the guatemalans.
And I do not want my case be solved: I want ALL THE CASES BE SOLVED; also the ones that hopefully will be registered in the future with the CNA.
By the way it's far for me to think that guatemalans are ignorant: MY WIFE IS GUATEMALAN AND MY SON WILL ALWAYS BE FROM GUATEMALA. And with my wife we have been helping guatemalans in need since 2001. Basically, I am closer to guatemalans than you can think. You do not get married to a guatemalan lady if you think that they are ignorant; you do not adopt a child from Guatemala if you think that guatemalns are ignorant; e you do not help them for years if you think that they are ignorant.
Vince
Posted by: vince at May 1, 2008 09:52 PMVince,
Do you personally know people at the CNA? what are you basing your assumptions on? you've caught them partying in Zona Viva? just curious. You sound like an expert. I still think your comments can do more harm than good. If you have hard evidence, then fine. I still think you make gross generalizations, sorry. I am Guatemalan, too, btw.
Posted by: at May 2, 2008 07:32 AMOUR RUTHIE IS ISN CASA ABANDONED AND WAITING FOR PRE APROVAL. WAITING SINCE DEBCEBER. WHAT IS GOING ON? HAPPY SAY OUR OTHER CHILD DID ARRIVE HOME TO PA. JUST THIS APRIL, HAPPY AND HEALTHY.
KAREN
There are clearly no easy answers - no quick resolutions to the immense challenges facing Guatemalan adoptions. My heart is heavy at this time, because I know that there is a clear need for adoptions in this country. My prayers continue to reach out - with hopes that somehow, some way the doors will stay open in an ethical and transparent manner.
Sincere regards,
gloria