(Posted with permission from Susana Luarca, Attorney at Law).
Dear Friends,
The Hague Convention is no longer a treaty that Guatemala can accede to. Therefore, we will not discuss it again. For those of you who still have questions or doubts, I am sure that you can find in Google and Yahoo other sources of information. For us, the Hague Convention is a closed case. Those citizens of countries who are not jubilant because Guatemala is not a Hague member any more, must turn to their own authorities and remind them of the provisions of the Hague Convention that state that it only applies when the two countries are members of the convention, and assert your right to an intercountry adoption. On our side, we can talk to your diplomatic representatives to educate them about the reality of the Guatemalan adoption system., especially with the countries who objected to the accession of Guatemala to the Hague Convention (Germany, The Netherlands, Canada, Spain and United Kingdom).
Now, we will have to work on the reconstruction of what we still have: a very successful adoption legal system. Privately run, with the oversight of the PGN, with the home study of a court appointed Social Worker, with a mandatory DNA test and presided by a Notary, has all the legal safeguards to guaranty the transparency and legality of the process.
The fact that the notarial process it is not a judicial process, does not take away any of the legal safeguards, because the social worker is the same in both processes – judicial and notarial - and the PGN has to give an opinion about the legality of the process on both types of cases. The only difference is the time that it takes for a Notary in his office with all his human and technical resources to process an adoption, compared to the time that it would take the same process in a court, of family with its limited resources, to do the same work. In some courts, the judge signs decrees only once a week. The notary signs every day, at any time. Something else must be pointed out in favor of the notarial process. If the PGN objects to the adoption, the notary has to present the case to a Family Court and it is the judge who rules whether the adoption fulfills the legal requirements. In a judicial adoption, the judge does not have someone else to review the case
after it is rejected by the PGN, because he can disregard the opinion of the PGN and approve the adoption. Bottom line, there are more safeguards and checking points in a notarial process than in a judicial process.
The biased and poisoned information that interested parties had spread about the Guatemalan adoptions is quickly published by the media. Our attempts to educate the world have to be a united front. There is not a perfect system in the world. We are not claiming that the Guatemalan system is perfect, but it is very good and Guatemala is one of the few countries that allow children to be adopted by foreigners without unrealistic requirements. The added benefit of the private care of the children while their adoptions are processed, assures that the children are cared and loved until they can join their permanent homes. All of this is what we have to inform the media and the authorities of other countries.
Right now is not the moment to try to introduce drastic changes in a system that does not require them, just to please the anti adoption forces. That does not mean that if the opportunity arises and a more balanced Congress is willing to pass an adoption law that will not restrict adoptions, we will not try to improve whatever needs to be improved. But we think that more than to change the adoption system, our efforts should be in favor of getting Congress to pass a law to rule the abandonment process. The Judges of Minors let the children languishing in orphanages, depriving them of a family, being more concerned of the rights of their irresponsible parents, than of the rights of the children to be raised and loved in a family. Abandonment decrees should not take very long, because a child either has caring parents or not. It does not take long to establish a situation of abandonment.
This is a brief summary of what is happening at:
A. THE PROCURADURIA GENERAL DE LA NACION (PGN).
Rudio Lecsán Merida Herrera, chief of section of the Procuraduría, and responsible for holding hostages the adoption files for over six months, keeps refusing to give the required opinion on the cases of the lawyers protected by the amparo. He also is not signing cases that were started before March 5th., for no valid reason. The lawyers have filed petitions before the Court of Amapro, to order the prosecution of Attorney General Rosales, of Merida and of the PGN lawyers who signed the request for a “certified copy of the ampro order, stating that there is no notification or legal resource pending”. This “previo” is way out of line, because a court order must be obeyed or there are consequences. The consequences are that the Court of Amparo requested the PGN to inform why they were not giving the required opinions on the cases. They were given 48 hours beginning today If the PGN does not give a valid reason for their denial to give the opinions, the Court of
Amparo will have to give the order to start criminal procedures. It may still take a week or two to start the criminal procedures, although some lawyers who filed amparos first, are ahead in their requests, and some of them could be starting criminal procedures sooner.
It is difficult to estimate the time that it takes for a legal action to produce the desired results, especially in this situation that is the first time that we take legal action against the PGN and are trying to hold them accountable for not doing their work all these past months.
Rudio Lecasan Merida is also a Congressman for the FRG. The Attorney General gave him yesterday orders to go back to Congress, and somebody else will replace him at the PGN. This is very good, although we still do not know who will be taking his place. We expect this person to be someone who can handle the task of signing off all the cases, something that Merida found very difficult to do.
All the Post March 5th. cases that were rejected before will have to be resubmitted and we expect that the PGN lawyers will find that doing their work is a better alternative than facing criminal charges, now that Merida is no longer there to protect them.
B. THE CONSTITUTIONAL COURT
A copy of the ruling of the Constitutional Court was sent to all interested parties. No one objected anything. Therefore, the next step will be to send the order for publication to the Diario de Centro América, the official newspaper. After long years of dealing with public offices, we have come to the conclusion that they do not have the same calendar that one has. For a bureaucrat, it seems that a week is like a day to us. For that reason we beg you to be patient, just a little bit more. The ruling will be published as soon as the clerk who has to draft a little decree finds the time to do it, and gets the signatures of the necessary persons and then, the space availability of the newspaper allows it. The ruling is long (51 pages) and has to be published entirely. The ruling will be effective the day after its publication.
Think of what would happened if the ruling would have been against the challenge and be thankful, as we all are, that we no longer have to worry about a central authority who blocked everything. Remain positive and rest assured that not a single day goes by without us urging the Constitutional Court to move faster the slow wheels of justice.
C. THE US EMBASSY
In very clear terms, the US Embassy has expressed that as soon as the Constitutional Court ruling is effective, they will reassume the DNA testing and the processing of new cases. The "life" of the Guatemalan documents has been extended to four months, instead of two months, which is great. New people is being brought to help to process all the new cases.
D. THE FAMILY COURTS
Although the Family Courts never stopped working cases, the Third Court is notoriously difficult. A long list of lawyers have complained against the judge, who only signs adoption files on Thursdays and advices the social workers to give priority to alimony and child support cases. The best way to handle this court is to withdraw the case and to complain to the Disciplinarian Board if it takes too long to give the file back.
IINDEPENDENCE DAY
This Monday 15 is our Independence Day. The Embassy of Guatemla in Wahington is sponsoring a picnic to celebrate. In its website you may find the information. In Gautemla it is a holiday, and the embassies are closed as well.
REGARDING NEW REFERRALS.
For those of you who have accepted a new referral, we present our heartfelt congratulations and deepest gratitude for keeping your faith in the Guatemalan adoption system. We will not let you down.
The coming elections have no effect on the adoption cases. It is not necessary to wait until the elections are over, to accept a referral. The new Congress may be pro or anti adoption, but the important and decisive factor are us, the Guatemalan lawyers who started this defense many years ago and will do our best effort to keep adoptions open.
Best regards,
Susana Luarca, Attorney at Law
Asociación Defensores de la Adopción,
Guatemala City.
This all sounds really good. But they are still finding crazy things to hold up our adoption and make us chase more paper work around We have been in PGN Since May 6 2003. But Susana is the best thing that we all have going for us. Also thank yoy Kelly
Posted by: waiting for asv at September 11, 2003 04:24 PMPraise God and all of you who have continuously kept us informed, hopeful, and sane for the past 6 months. I urge everyone on this site to unite in prayer that all of our babies will be home soon. REMEMBER: Prayer is a powerful tool. God Bless each adoptive parent reading this site.
Posted by: Beryl at September 11, 2003 04:26 PMSusana,
Thank you so much for all your hard work.My husband and I appreciate everything you have done and have looked forward to your posts every week!
You have made a very difficult process easier to get through, even though we still have a ways to go,we are just very grateful to you!
Oh my God, Pam took the words right out of my mouth. That's exactly what I wanted to say. My husband and I wait patiently every week for your posts. We thank you from the bottom of our hearts. Susana, you are a Godsend, and have made this most stressful time a little easier to handle. God Bless You and all who help you!
Posted by: Sharon at September 11, 2003 05:14 PMSusana,
I think all the adoption agencys owe you a debt of gratitude. Just think if we didn't have a this source of truth to come to look for and rely upon! We'd be calling our agencies and we would want answers! You, Susana, have spoken plainly and your words have come true.
Thank you for being a liason.
Posted by: LL at September 11, 2003 06:05 PMMany thanks, Susana, for all you do. Thank you for providing this weekly update for those of us who are very interested in them. I am sorry that some have chosen to be antagonistic toward you and critical of your posts on the listserv. Rest assured that the vast majority of us do not share their views. We are very appreciative of all you do.
Posted by: Todd at September 11, 2003 06:08 PMSusana,
Thank you so much for your tireless efforts. I hope you realize how many people truly and deeply appreciate your work on our behalf, and on behalf of the children of Guatemala.
Susana,
Some are being told by their agencies not to expect the post March 5th cases that have not been resubmitted to be home until early next year. Does that timeline sound correct to you, or can we be hopeful that it will be before then?
Thanks so much for the weekly updates-we always look to them for information!
Rhonda
Posted by: Rhonda at September 11, 2003 07:21 PMSusana-
Your contribution to all of us here and to the babies and birth mothers in Guatemala continues to be wonderful and it inspires hope.
Do you have any sense of when the new person will be in pgn to sign off on cases? My case is pre 3/5 and I've been told it has been approved but is awaiting the final signature. It has been waiting for over 2 weeks for this now.
All the best-
Heather
Folks...I think we all owe an enormous debt of gratitude to Susana Luarca and all who took on the fight in Guatemala. But it is very few, that are willing to stand up and say the truth - while opening themselves to scrutiny, debate, questioning and contradiction. Susana...thank you for being a pioneer and putting yourself out there, for the benefit of the children of Guatemala!
Posted by: Jeannene Smith at September 11, 2003 08:02 PMSusana,
Thank you so much for ALL of your hard work. Your efforts are so appreciated by my family, we were kicked out of PGN for the amparo and are waiting to go back in after the ruling is published. I am praying that the replacement for Merida is kind hearted and wants these children home as bad as we want them.
Thanks for everything,
Katherine & Barry Hart
Susana, you are a godsend. Your smarts, your tenacity, your courage and bravery have changed the world for the better. Thank you for being in the right place at the right time, and doing what only you know best to do. You are a genius. May the Lord prosper your path and smooth the rough spots. May your entire life be blessed because you did so much for so many.
Peace,
William
Susana,
Thank you so much for being our lifeline to the current status with the Guatemalan adoption process. You have educated so many of us in lay terms as to what is going on. You have provided the light at the end of the tunnel for our family. Some days I feel so anxious as to when we will be bringing our little guy home-so I read and then reread your emails. We thank you from the bottom of our hearts for sharing your knowledge and talents with all of our families.
Posted by: Dean and Penny at September 11, 2003 09:12 PMDear Susana,
Thank you from the bottom of our hearts. I have watched for several weeks as this unfolded as well as all of the questions that you received. I want to give my total support and thanks to you and to all who worked with you. You are doing an outstanding and difficult job. It is time to rejoice.
Thanks
Samantha
I know this is all good news, but can someone tell me when PGN is going to be forced to sign the adoptions, mine was fully processed, and just needed final signature, but was rejected until the ruling is posted. This could take weeks, I do not understand why it has to be posted to be law it was approved, so for now our children have to wait. Haven't they waited long enough? Does the government not have any compassion for our feelings. I know i am venting, but I just want to be normal again with my daughter here.
Thanks for any responces. Terri
Waiting on Madison born 2-13-03
Susanna,
You are so wonderful and we along with our forever children own you an eternal debt of gratitude. I am currently working on my son's lifebook in order to make the time go by as we have been in PGN hell since 5/7/03. Would it be possible for you to send a picture of yourself to one of us to post on this site so we can print off the picture to include with our lifebooks for our children as you are such a part of getting them home to us . . . hoepfully soon. I have a good scanner and would be willing to post the picture if this is possible or of interest to anyone else.
Thanks again!
Posted by: Michelle & Dave Rogge at September 12, 2003 12:48 AMI also would like to join the thanks to Susana and all the other attorneys who have worked so hard and continue to work on our behalf. My wife and I also look forward to hearing Susana's weekly updates as they appear to be the truest and best source of information out there. Thank you again. Waiting for Jesus, born December 25, 2002. That is no joke although when he gets to America he will become Lucas.
Posted by: Greg Boer at September 12, 2003 08:39 AMmichelle i think that is a great ideal about susana. i would love to have a picture for my daughter to put in her book.
Lanell
Susana,
You have touched so many people with your hard work and dedication. Most of search for meaning in our lives and for you the answer is clear. God meant for you to be the beacon of light to those of us trying to adopt children in Guatemala.
With love and admiration,
Joan, mommy to Anna Maria Fabiola, 11 months, just in PGN
Susana, My husband and I want to thank you enormously for keeping us educated about the daily events in Guatemala. You have given us more information than anyone else, and it helps to provide comfort as our patience sometimes wears thin. Thank you so much for continuing the fight.
Kathy
Posted by: Kathy at September 12, 2003 09:55 AMHi Susana,
Could you tell us in your next post what you think the timing of the replacement will be for Mr. Merida at PGN? Is it possible that there will be a vacancy for a period of time? I just hope that the process of replacing Mr. Merida doesn't add more delays! Thank you.
Posted by: Marilyn at September 12, 2003 10:03 AMDear Susana,
This is such great news about Merida. I just pray that cases get signed soon...I am tired of languishing in PGN for more than a year.
You are an incredibly courageous woman who has already made such a difference in this world. I thank you from the bottom of my heart for your compassion and dedication to the children of Guatemala.
Warmly,
Beth
Waiting for Nicholas, born 3/15/03
Susana,
You have been the strength that has held my emotions together during this long, difficult journey. Your knowledge, poise and encouragement are blessings. I can't imagine not having this web site as a resource - on many Thursdays it's helped me remain calm and faithful. Thanks a million for your time and energy. Thank you again, again and AGAIN!
Amy
Posted by: Amy at September 12, 2003 11:32 AMSusana, You inspired me to keep the faith in April and I am so glad I did, because now our children will go forward. All the Guatemalan parents from my agency, Heaven Sent Children, say God Bless and thank you for all you have done for us,and especially keeping us informaed and helping us to understand Guatemala a little better. Our Love Sandi Russell
Posted by: Sandi Russell at September 12, 2003 11:51 AMThanks Susana,
You will never know what your information has meant to us as we are waiting for our little boy. If it is possible, if you could post your picture I would like to have it as well for my little boys life book. It wouldn't be complete without you because you truly have made a difference. I am not taking away from Sergio (our attorney or SMI) because I know they have worked at this too. I am hanging on that maybe these children will be home before the holidays. Thanks again.
Robin & David Prewitt
I was wondering will the other ruling about the 97 lawyer amparo that the CC agreed with. Will that have to be published aslo?
Thanks
Samantha
Hey!! Just heard Aweseome news from our agency. The Constitutional Court ruling was published TODAY and will be effective tomorrow. Horay for our little ones!!
Posted by: Jim W. at September 12, 2003 01:22 PMIT IS SO WONDERFUL TO HAVE CORRECT INFORMATION TO READ. MY MIND HAS BEEN RACING WONDERING WHAT IS GOING ON. AND THEN I FOUND THIS SITE. WHAT A BLESSING TO KNOW SOMEONE IS TAKING THE TIME TO INFORM US, THE FOREVER WAITING PARENTS WANTING THEIR CHILDREN HOME MORE THAN ANYTHING. I CAN ONLY HOPE OUR CHILDREN ARE HOME BEFORE THE HOLIDAYS. MY SON JORGE. SOON TO BE CLAYTON WAS BORN FEB.14,2003. I JUST CANT WAIT TO HOLD HIM AND KNOW THAT HE IS HOME. DOUGLAS
Posted by: DOUGLAS at September 12, 2003 05:04 PMSusana,
We've been in PGN since Feb. 17 of this year and I have totally been in the dark in regard to the PGN process, what it was, who it was and how long it took. When all of this with Hague came about, I really thought all was lost. Now that I can read your posts and have a full understanding of what's going on, I feel so much better. I know that there will come the day when my Katie comes home. I've learned so much from your posts and I thank you from the bottom of my heart!
Posted by: Leslie at September 13, 2003 04:23 PMhuman vandals suck
Posted by: Human Vandalism Sabotage at November 12, 2004 05:17 PM