DOS Announcement

GOOD NEWS....adoptions are NOT, NOT, NOT suspended and PGN is ready to process post March 5th cases! CLICK HERE for the DOS announcement

The new procedures are to be posted (in Spanish) here!

The translation is as follows (provided with permission from Rudy Rivera, Children of the World):

THE TRANLATED PAGE OF WHAT THE CENTRAL AUTHORITY HAD POSTED. IF YOU GO DIRECTLY TO THE ADDRESS WWW.PGN-GUATEMALA.COM/INFGENADO.HTM YOU WILL FIND THE PAGE IN SPANISH. IF YOU JUST GO TO THE SITE AT WWW.PGN-GUATEMALA.COM YOU WILL FIND PAGES UNDER CONSTRUCTION. I HOPE THIS TRANSLATION HELPS YOU;

THE ADOPTION

The State acknowledges and protects the adoption. The adopted child becomes the adoptive party’s child. The protection of the orphans and abandoned children (article 54 of the Political Constitution of the Republic) is declared of national interest.

The adoption is the social assistance juridical act through which the adoptive party takes as his/her own child, the child of another party. However, and despite the fact stated on the previous paragraph, the adoption of a major child, may be legalized, with his/her express consent, as long as this consent were existed while he/she was a minor. (Article 228 of the Civil Code).

It is established the general principle that regarding the human rights, the treaties and conventions, accepted and ratified by Guatemala, have preeminence over the internal right. The rights and guaranties that the Constitution grants, do not exclude the other ones, that even though, they do not expressly figure on it, are inherent to the human individual. (Articles 44 and 46 of the Constitution of the Republic of Guatemala).

…the fact that the Constitution had established that supremacy over the internal right, it must be understood its acknowledgement to the evolution, that regarding the human rights, it has been granted, and must continue granting it, but its main objective is that to enter to the juridical ordering with constitutional regulation nature, that agrees with its conjunct, but never with a reform capacity, and less derogatory of its precepts, due to the eventuality of entering in contradiction with the regulations of the own constitution. (Judgment of the Constitution Court dated October 19, 1990).

The Agreement relative to the Child Protection and to the Cooperation regarding the International Adoption, done in the Haya [Hague], on May 29, 1993, is effective for Guatemala, as an internal law, since march 5, 2003.

The objectives of said Agreement are:

To establish the guaranties so that the international adoptions may be admitted, only regarding the superior interest of the child, and regarding the fundamental rights that the international rights acknowledges to it;

To establish a cooperation system between the Contractor States that assures the respect to said guaranties, and consequently, that foresees the subtraction, sell of traffic of children;

To assure the acknowledgement between the Contractor States of the adoptions done according to this Agreement.

II WHO ARE ENTITLED TO ADOPT?

- Those individuals who have the civil capacity.
- Those that prove their physical, mental, moral, social and economical aptness to give a proper and suitable adoptive home to a child.
- The married individuals.
- The husband and wife may adopt a child, when both of them are in agreement in considering the adoptive child, as their own child. Out of this case, no more than one person may adopt a child.
- One of the married parties may adopt the child of another person.
- The guardian may not adopt the child, if the guardianship matters are not arranged, and if the institution, which supervises the guardian of the minor, has not received the child’s goods.

III. WHO MAY BE ADOPTED?

- Minors of 18 years old, judicially declared in abandonment.
- Those minors, whom the biological parents or Guardian had given their consent in an express, free and voluntary way.
- Minors of 18 years old, when it were existed the common-law adoption.

V. PROCEDURE FOR THE ADOPTION APPLICATIONS PROCEEDING, PRESENTED FOR FOREING OR GUATEMALAN INDIVIDUALS, WHO ARE DOMICILED ABROAD.

They must address themselves directly to the Office of the Central Authority, which headquarters id located at the above mentioned address, stating their wish to receive in their home, through the noble figure of the adoption social assistance, to one of our abandoned children who need a home;

Also, they may go to the organisms accredited by the Central Authority;

The applications must contain the personal and family data, such as the age, date of marriage, school education, occupation, income, housing, others, and the motivation they have to adopt a child;

They must enclose to the application, the home study prepared by professional individuals in said areas, and assigned to an official entity or an agency which has the license of the Government of that country, authorized to have international adoptions programs, authorized by the Central Authority of Guatemala;

In the event, they are pre-qualified, the following documentation will be requested:

- Birth certificate of the applicants;
- Marriage Certificate of the applicant couple;
- Verification which proves their economical capacity;
- Criminal and Police Clearances;
- Certificate of Good Behavior, issued by a competent authority;
- Witness statement of individuals who know the interested parties, and who attest regarding their aptness to adopt a child;
- Good physical and metal health of the interested parties, issued by a Medical Doctor, legally authorized;
- Home study prepared by an official of private institution, duly authorized by the Government of the adoptive parents;
- Compromise of the respective authority, in order to give continuation to the corresponding adoption proceeding, making sure to deliver the periodical reports about the adaptation of the child in his/her new home;
- The foreign individuals must fulfill with the migratory requirements of their respective country;
- The Ministry of Foreign Affairs must legalize the documents that come from abroad, in order to get admission.
- If the documents are written in a foreign language, a translator authorized in the republic must translate them into Spanish, under oath.

Posted by Kelly at July 1, 2003 11:00 AM