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September 29, 2003

Handling Previas

(Posted with permission from Hannah Wallace, President, Focus On Adoption).

It's come to my attention that some agencies have received cases back from the PGN with the previa requiring that they conform to the requirement in the Convention On the Rights of the Child which requires efforts to locate a family in Guatemala....

While this seems to be applied arbitrarily, since many cases are NOT getting this kind of previa and some are being approved with none at all, if your attorney tells you that such a previa is required, I think you should suggest that
they contact the ADA to address this. My understanding is that when this was
discussed prior to the Constitutional Court ruling publication, but after the ruling, the Attorney General was told by the C.C. that it couldn't be applied.... here is no mention of this on the Guatemalan Embassy website, either. But it seems to be happening sporadically, and has to be dealt with..... our "legal" understanding of this is that there are only certain aspects of the Convention On the Rights of the Child which supercede internal law, and this is not one of them...

One lawyer is addressing this by getting an affidavit from the birthmother
asserting her Constitutional right to "choose" to place her child out of the country, with the family who has been named on her "consent". This doesn't mean that the ADA won't challenge this, but is the necessary step in a "first
response".

Hannah Wallace, Adoptions International
President, FOA

Posted by Kelly at September 29, 2003 04:53 PM
Comments

has anyone had their case approved by pgn yet. any info on when you get to pick up your child? my case has been filed with pgn. but no idea yet when i get to bring my child home. so any word from someone letting me know their case has been approved and travel arrangements are being made would be positive news.

Posted by: j.d at September 29, 2003 06:51 PM

Same here. It seems that all is bogged down again. Does anyone know?

Thanks,
Pam

Posted by: Pam at September 30, 2003 11:00 PM

Same here. It seems that all is bogged down again. Does anyone know?

Thanks,
Pam

Posted by: Pam at September 30, 2003 11:00 PM

Anyone being offered a referral?

Posted by: David at October 1, 2003 09:19 AM

Unfortunately, I have the same to report. Our case is still in PGN, and we have no idea when things will continue to progress.

Posted by: Kathy at October 1, 2003 10:51 AM

I'm waiting for a referral. I've been told one should come soon. Are things really moving or have we been given a run around? I know this sounds cynical but this whole situation has been so depressing. I'm getting close to changing countries because it's been almost a year and I don't even have a referral. I hope to see an update from Susana Luarca telling us what's really going on.

Posted by: lisa at October 1, 2003 11:16 AM

My case was accepted by the PGN on 8/7/03 but I was informed last week that my case was sent back to the attorney for the birth mother to ratify her relinquishment. I have heard no further update.

Posted by: Carol at October 1, 2003 11:20 AM

Our case is still in PGN, good news we haven't been kicked out bad news we stil do not have our son home. I pose the same question as j.d. has anyone gotten to travel and bring their child home post printing of ruling and resubmission of cases to the PGN?

Posted by: T at October 1, 2003 11:46 AM

Referrals: Yes, many of the agencies are giving referrals. Their decision is based on the information that they have....that things will be processed. If anybody should be *blamed* for giving us the runaround, it is PGN.

PGN Timelines: As you can see by Hannah's post, there are some cases of PGN stalling approvals. ADA is trying to handle them as they arise. Please understand, that ADA and Susana cannot predict what they will do. She can only tell us what is happening. We are seeing cases that were previously considered "post March 5th" exiting PGN and parents are preparing to travel. It is not happening as quickly as we would like, but it is happening.

As for telling ANYBODY when their case will exit....this has NEVER, EVER been predictable and it certainly is not now with the huge number of cases piled up in PGN.

The good news is that unlike other countries, Guatemala has ADA to jump in and challenge each stall tactic as it arises.

Posted by: Kelly (webmaster) at October 1, 2003 12:00 PM

Our case is a pre 3/5 case. We received PGN approval on 9/10/03. The birth mother signed the final adoption decree on 9/19/03 and we are preparing for travel sometime between 10/19 - 11/1. Our agency has always told us that travel occurs 4 to 6 week after the final adoption decree is signed. We are working thru an orphanage so foster care might be different. I would advise all waiting parents to be aware of the lag between PGN and final signature of the birthmother. I have heard stories of this taking some time in some cases. Also having been involved in this process for a year, be aware that Guatemala slows down in the months of December and January. Our case got bogged down last year which made us have to face the post 3/5 delays. My advice would be to remain patient. We have all waited a long time but there is finally a light at the end of the tunnel. I hope this helps all that are nearing the final steps.

Posted by: PN at October 1, 2003 01:37 PM

Hello:

We acepted the referral of a little boy on April 15, and were quickly swept up in all of the Hague Treaty / PGN controversy.

On September 15 (coincidentally the day that the PGN started to again process waiting cases), the birth mother of this little boy returned to reclaim him. She decided to make a fresh start - moving to another area with better job prospects, etc. She and her son, and the rest of their family, left the country within the week.

We are devastated by the loss of this adoption, but I suppose happy that this little boy is reunited with his birth family....

My question is: how common is it for a birth mother to reclaim a child who has been relinquished, given all the times the she must be contacted again during the guatemalan adoption process? Until I read the previous post, I wasn't aware that there the birth mother had to give a post-PGN signature!

How common is it that the mother cannot be contacted because she has moved, or does not read, or is wary of the paperwork involved? I think it is a good thing that the birth mother is fully aware of what is happening, but it seems to me like there are so many stumbling blocks in the road!

Thanks for any help you could give
Kathy

Posted by: kathy at October 1, 2003 02:57 PM

To David and Kathy,

My husband and I had the same problem with our agency: they refused to give us an assignment early last Spring when we were "paper ready." Thus we fell into the "post-March 5th" group, and then they refused to make any assignments at all. With that, I did tons of investigating and found a very reputable agency that was willing to make assignments without requiring any fees be paid until the situation in Guatemala resolved itself. We were given two assignments in July and just forwarded half of our fees two weeks ago. (In the meantime they have been translating our documents, etc to get them ready to move through the process.) If you'd like the name of the agency please email me directly at: DeniseFein@aol.com
As a sidenote, my husband works in the media industry and checked this agency's credentials and references and they checked out fine. I know they currently have children available for assignment - boys, girls, siblings, infants and toddlers. Please email me and I'll give you their information. Thanks. (Anyone else who is interested in this information may email me as well.)

Posted by: Denise Fein at October 1, 2003 03:09 PM

OOPS! I incorrectly addressed my previous post to David and Kathy and meant to make it to the attention of David and LISA! So sorry....

Posted by: Denise Fein at October 1, 2003 03:12 PM

Hannah or Susana;
Have any cases which were handled by attorneys who filed amparos been released by PGN??? Do you know how many cases have been released by PGN since you prevailed? Hopefully, we have won the war not just the battle.
Thank you for your efforts.
Fran

Posted by: Fran at October 2, 2003 01:16 AM

We were accepted the assignment of a little girl in April 2003, then in June we learned that the mother had changed her mind. But a new assignment was given to us at that time. We have had all our paperwork updated and the DNA test is apparently coming soon. We were told today by our agency that some adoptions have been finalized and the families are preparing to travel. We were told to expect to travel in 4 to 5 months. I really appreciate this website for the valuable information it has provided. We are looking forward with hope!

Posted by: Carol at October 3, 2003 01:05 AM

is there something wrong with this website.

Posted by: eve at July 12, 2004 02:25 PM