Apparently, the PGN is still struggling to come up with processes...so, much of this information may change in the near future. Please keep in mind that even the attorneys that are CURRENTLY meeting with the PGN are not SURE what this will all mean.
1 - Post March 5th (those through June 30th) will be processed with few requirements and reportedly little involvement from the Notary Attorney.
2 - From July 1st on, assignments will come from the Central Authority not the private attorneys. The procedure for this is NOT in place yet. It may be that dossiers are submitted to the Embassy and the Embassy submits them to the CA.
3 - There are 4 orphanages that are licensed by the CA. We are not sure what will happen with the other orphanages..whether they will license them or not.
4 - CA, at this time is not specifying a fee for processing the adoption NOR a donation fee to the orphanage (like some other countries do).
5 - The role of the agency has not been definad...whether they submit to the CA or our Embassy. It may also mean that an agency will have to be licensed with the PGN.
6 - The PGN is creating a website for this information.
Who may adopt (reposted with permission from Rudy Rivera, Children of the World & Focus on Adoption):
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.THIS WOULD IMPLY THAT SINGLES CAN ADOPT. I ANTICIPATE THAT THIS MEANS SINGLE WOMEN, BECAUSE THERE IS STILL THE PREJUDICE AGAINST SINGLE MEN.
- 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. I BELIEVE THIS APPLIES TO TWO SINGLES TRYING TO ADOPT THE SAME CHILD. IF THEY ARE NOT MARRIED THEY WILL NOT BE ABLE TO DO THIS.
- One of the married parties may adopt the child of another person. THIS REFERES TO STEP PARENT ADOPTION.
- 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. THIS WILL NOT APPLY TO CASES INVOLVING FOREIGN FAMILIES.
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 ABOVE PROVISION STILL KEEP THINGS UP IN THE AIR. TO DATE THERE ARE NO OTHER ORGANISMS CERTIFIED. THEREFORE, THE APPLICATION MUST PROBABLY GO DIRECLTY TO THE CENTRAL AUTHORITY. THEY WILL APPROVE THE ASSIGMENT AND THE CHILD WILL COME FROM ONE OF THE FOUR ACCREDITED ORPHANAGES, WHICH NO ONE SEEMS TO KNOW FOR CERTAIN THEIR IDENTITY. THE INTENT HERE IS TO LIMIT THE NOTARY'S ABILITY TO MAKE THE ASSIGMENT OF THE CHILD. I WAS TOLD THAT HE COULD STILL WORK IN THE PROCESS BUT HIS OR HER ROLE IS NOT CLEAR. IT IS ALSO STILL UNCERTAIN IF THE THE AGENCIES WILL SEND DOSSIERS DIRECTLY TO THE CENTRAL AUTHORITY. THE EMBASSY HAS STATED THAT THEY DID NOT AGREE TO ACCEPT ADOPTIVE FAMILIES DOSSIER.
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;
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;
NOWHERE DOES IT STATE THE LIST OF REQUIREMENTS THAT A PSYCHOLOGICAL REPORT IS REQUIRED. HOWEVER, I WAS TOLD BY MS. LARIOS TODAY THAT THE PSYCOLOGICAL WOULD BE A REQUIREMENT. A REPORT WOULD BE REQUIRED OF EVERYONE IN THE HOUSEHOLD OVER THE AGE OF SEVEN YEARS.
THIS LIST HAS NOT CLARIFIED MUCH AND NOTHING NEW WAS POSTED AS OF 7 P.M. GUATEMALA TIME. THERE ARE STILL MANY PROCEDURAL ISSUES THAT NEED TO BE RESLOVED. FOR EXAMPLE, THE MECHANICS OF SUBMITTING THE DOSSIER TO THE CENTRAL AUTHORITY; THE MECHANICS OF GETTING THE ASSIGMENT; WHAT ROLE WILL THE NOTARY PLAY IN THIS; WHAT ABOUT FAMILIES THAT ARE REQUIRED TO VISIT THE CHILD BEFORE THE ADOPTION IS COMPLETE; WILL AGENCIES NEED TO BE ACCREDITED; MS. LARIOS ALSO STATED S THAT THE PLAN IS TO LICENSE MORE ORPHANAGES BUT THEY WILL START WITH FOUR.
Can you please tell us what this means for paper ready families who have not yet taken a referral? Does it mean that had we taken a referral (up until yesterday) it could have progressed the same as before? Can we now take areferral from agency/attorney?
Posted by: Marty at July 1, 2003 06:49 PM"Post March 5th (those through June 30th) will be processed with few requirements and reportedly little involvement from the Notary Attorney."
What precisely makes a case fit this criteria? Notarial deed and POA? Any answers are greatly appreciated...
my agency informed me today that since we have not accepted a referral yet the June 3oth deadline does not apply to our case. can you help me find out the information that does apply to our case???
Posted by: Danetia at July 2, 2003 10:25 AMFirst of all, thanks for all of your help, support and information, as this site seems to be one of the ONLY sources for info.
We don't understand this statement: From July 1st on, assignments will come from the Central Authority not the private attorneys." What does the word "assignments" refer to? We already have a referral, we are in family court, but have not filed with PGN, so we are in what appears to be the abyss of post June 30 cases. We feel very disheartened and are considering pulling out of this disaster area before our hearts (and pocketbooks) are broken even further. It is amazing that these actions are taken under the guise of "best interest of the child," when that consideration appears to be last one, behind politics, power and money. Again, thanks for lending an ear and for providing information. We all have to stick together.
I am concerned as I have a referral as well as a case number from the US embassy in Guatemala - however I am just entering the family court process and have not made it to the PGN. Am I post 6/30/03 or am I pre 6/30 because the Visas 37 has been received by the Amerian Embassy? I asked my agency the very same question and I do not have an answer. They indicated that they are going back and forth with the US Embassy and collecting information and would let me know after the holiday. My beautiful little boy was born on 2/23/03 and it was on Mother's Day that I sent a letter to the new agency indicating I wanted to adopt this incredible and beautiful baby boy. I overnighted a check for 11,000.00 and they can't tell me if I am post or pre 6/30. Can anyone help me. I received INS approval and was homestudy approved - yet on July 2nd I am a bit in the dark. All I want is my Son to come home and come home soon. Please advise!
Posted by: Jessica Harley at July 2, 2003 10:57 PMSO ARE ALL OF THE CASES GOING TO BE ABANDOMENT CASES ONLY? IT SOUNDS LIKE NOW WE WILL HAVE TO APPEAR IN COURT.IS THIS CORRECT? WHAT ABOUT SINGLES? CAN THEY NOT ADOPT ANYMORE?
Posted by: KATIE at July 2, 2003 11:48 PMWe have heard that there will be a minimum 15 days stay for the adoption process with the new procedures. Is this true?
Posted by: dan and alicia at July 3, 2003 01:25 PMWe have accepted a referral (October 2002) for our adopted son's birth brother but our paperwork has only just reached the Embassy in Guatemala. He has been in private foster care, does he have to go to one of the 4 orphanages and be offered domestically? Will we lose his brother?
Posted by: rosy casimir at July 10, 2003 06:23 PM