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October 09, 2003

Current Situation in Guatemala

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

I'm writing from Guatemala with some information regarding the DOS recent announcements.

Re: PGN statements that the lawyers have not submitted cases. After the DOS announcement was made, the ADA collected copies of the receipts received from the PGN when they submitted their files. I have copies of receipts from about 12 attorneys (only) which show over 200 receipts between September 16 to the present. Today I showed these to Roy Hernandez at the BCIS office. Contrary to the PGN's statements, the fact is that a minimum of 600 cases have been presented to the PGN. Very few cases have been processed. Of these, a very small number have received "Approvals". The vast majority have not been processed. Of the cases processed, the vast majority are receiving "previos" of various kinds, most of them are NOT legally justified. The only way of challenging this behavior is by filing criminal charges. Some have already been filed, but they are expensive and there is no "time line". They are working on a "model" so that others can file without re-writing the wheel... I want to urge families to realize that MOST attorneys have filed their cases as soon as they are able to provide all the documentation. Most delays being experienced right now are due to the PGN's continued resistance to doing their jobs. Now they are stating publicly that they are prepared to do their jobs and blaming the attorneys. A couple of weeks ago in the Guatemalan papers they stated that they were processing over 1500 cases!!!

It's hard to know how long it will take for the criminal charges and other challenges to the PGN's behavior will take effect. Once it does, and once they really begin to do their job under the law, then cases should be processed quickly.

NEW LAW: While there is a new law being considered by some in Congress, and being actively promoted by UNICEF and others, this Law is not a "done deal". There is alot of resistance within Guatemala to this particular Law which has provisions which are unconstitutional. It would take at least 77 congressmen to vote for this law for it to pass. Most of the Congress is back in their home districts campaigning. Even if the law did pass, it would be challenged. It also would not be retroactive. Any cases "started" (with family's POA registered) before it went into effect would be processed under the old law/ current law. It would have to be passed, published and then 8 days later would go into effect.

I'm having trouble sending mail, so I'll expand on this later,

Hannah
Wallace, adoptions international

Posted by Kelly at October 9, 2003 09:04 PM
Comments

When is the PGN going to stop playing these games? The innocent children are the ones suffering!! I hope that all the PGN attorneys end of in jail!
Laura

Posted by: Laura at October 9, 2003 10:29 PM

unbelievable...insane i have no word to express what i feel exept that i do not know what else we can do TO modify this situation .
I sit another way than wait..that they want to do their job?

Posted by: graziella at October 10, 2003 07:34 AM

The PGN Attorneys have no heart, no compassion, and could care less what happens to these beautiful innocent children. They may (someday) have to answer to the law, but they will definately answer to our higher power--GOD! What they are doing is nothing but an outright sin! For those of us who cannot afford to re-start the process, less hope our dossier's and INS approvals don't expire before they decide to do the right thing!

Posted by: Beryl at October 10, 2003 08:55 AM

Hi,
When is it possible that this new law may be passed? We are doing our third POA and hope that we get it registered before this new law passes..and ,,our documents start expiring this month, so here we go again! Cathy

Posted by: Cathleen at October 10, 2003 09:09 AM

There is some dissussion on the BigList about lobbying for extending fingerprint clearances and 171-H's for people adopting from Guatemala. I've heard that was done in China during the SARS outbreak.

Posted by: Trisha at October 10, 2003 09:23 AM

I for one am disgusted with this whole process!
Those people at PGN are cold hearted and cruel. They have no heart for all the anxious families awaiting their children, nor do they care one bit about all the children who are waiting for real families. We have been waiting for over 7 months, and still there is no end in sight. I do not understand why PGN is doing this, but it seems they will continue when they suffer no consequences for their actions.

Posted by: Lynne at October 10, 2003 09:39 AM

When I read this information this morning, my heart was broken once again. You hope each day that you will get the call and it just doesn't seem to happen. I had no idea that adoptions were this difficult. The holidays are approaching and I was hopeful that our little boy would be home. He is almost 8 1/2% months old and each day that passes I seem to die a little more inside.

I just keep praying that this nightmare will soon be over and families can travel to get their children.

Robin Prewitt
Lexington, KY

Posted by: Robin Prewitt at October 10, 2003 09:48 AM

This is truly unbelievable! We had hopes of adopting again, after we get our first baby home, but now I don't know if we can go through all this again. It makes no sense that PGN is stalling. Finish licking your wounds and get on with your jobs. I agree that it IS time to start legal action against them.
If they are trying to rip our hearts apart- they've succeeded, at the expense of the innocent children.

Posted by: kd at October 10, 2003 10:00 AM

What can we do to get our attorneys to file criminal charges? What if you are working through an agency who gives you no updates as to where your case is so that you can request something to be filed? Is there anybody out there that has had any success with this??

Posted by: Tonja at October 10, 2003 01:24 PM

It seems that we all have a personal pain of waiting for our babies to come home to us. I am, like the rest of you so frustated, and anxious, and riding a roller coaster, and... Is there anything else that we can do as a collective group? I would certainly like to do something positive and productive as we wait. I don't want the PGN folks to think that they are still winning for 'their cause'. For example, can we compile a complaint from all of us that view the website? And could this collaborative effort be presented to the State Department, to the PGN and to individuals of influence or special interest groups in the United States and Guatemala? Should we be writing our representatives again regarding was is currently happening? Could we write articles for submission in the Guatemalan newspapers to reflect our perspective on what is happening to the children and the families that are awaiting their arrival. Does anybody have any thoughts on what we could possibly do as a unified group?

Posted by: Penny at October 10, 2003 09:49 PM

I have thought about organizing a trip with other waiting families to Guatemala .... to meet with the PGN attorneys. In essence to say, "We are here, what do we need to do to bring our children home??" Maybe, if planned appropriately, this could be helpful. I don't know, it just feel like it is time for us families to DO SOMETHING!!! What do you all think? I know there may be some negative consequences..... but, we face those on a daily basis!! Sometimes, we have to take chances!!!

Posted by: Connie at October 11, 2003 08:40 AM

Kelly:

Caroline Tiffin posted a follow-up email to Hannah's comments on the "big list". Would you want to get her permission to post it here?

Posted by: Dave Prewitt at October 11, 2003 10:27 AM

I just want to say I think we should be able to do something these are our children and no one understands the pain we are going through unless they have experienced it themselves. What can we do to make PGN accountable. My daughter is 8 months old and I am stuck in PGN as others are and I really need her home for the holidays. This was harder than the years we tried to get pregnant, because I have a baby and I cannot be her mommy, it tearing me apart what can I do. Someone please email me and give me some advice.

email me privately or here
rideaharley@access995.com

waiting on Madison to come to PA
Terri

Posted by: Terri Reese at October 11, 2003 11:08 PM

My file ( a post 3/5 )and re enter the pgn mid september (as soon as the law was published); my lawyer one of the "amparo" come back yesterday (i received the info to day) BUT with more info requested ( art 21 from the children 's law); more signature asked at the biological mother.It's not legal..but ok it'is something and my file must re entered the pgn . My lawyer think we need 2/3 weeks more to know the reaction of the pgn
I just wanted to give you the info.Looks very slow but at lesat something is moving

Posted by: graziella at October 12, 2003 05:15 AM

It would be wonderful if we could ALL travel to Guatemala and knock the PGN's doors down, but that's not realistic. But, I know I'd be willing to fund an effort by the attorneys to file criminal charges against the PGN attorneys and make our anger, frustration and voices be heard. The CC needs to know what the PGN is doing, or NOT doing, and how they are in contempt of their ruling!!! I'd be willing to help finance whatever needs to be done. It's only more money but may get our children home!
Denise Fein

Posted by: Denise Fein at October 12, 2003 09:53 AM

My child is now 9 months old. I know there are families that have been waiting for 15 months now and other families that have stopped reading this site because the situation is depressing.

We am disgusted with the entire process. We received my baby's initial photos and medical record upon our referral -- only to receive just one more updated photo shorthly thereafter. We were fortunate to visit our child in August and our U.S. lawyer has urged me to take as many trips I can afford.

We can be stuck in any of the process steps indefinately. A scarry thought, but I imagine there will be some adoptive families eventually abandoning their referrels -- PGN's ultimate goal.

We need to stir up some dust and rectify this situation, collectively, before these children lose out entirely. I do not want to sit on a door step or sign another petition. I would like to hold people personally accountable for their actions and fight for these babys' futures. Many of us can make the trip and I hope we can organize a trip for change. Unfortunatley, some families are legally bound for NOT being able to travel to Guatemala until the time of adoption.

Can anyone out there provide the direction or next steps we so desperately need?

Posted by: Zoe at October 12, 2003 10:35 AM

I too am waiting for my child. He is now 14 1/2 months old. We spent 7 months in Family Court and were suppose to be released on Friday. If a group is planning a trip to Guatemala to protest this situation, I want to be part of it...

Posted by: Cindy at October 12, 2003 12:35 PM

I'm just a college kid and, unlike all of you, do not what it feels like to be waiting in agony. I merely stumbled upon this website while doing some research on Guatemala's policy for adoption. You see, I just returned from volunteering at an orphanage in Guatemala and all that is on my mind right now is how to find parents for those kids. In my opinion you are all giving the greatest gift imaginable. Please do not lose hope! God bless all of you. I hope you will be hugging your children soon.

Posted by: Ben Schumaker at October 13, 2003 10:33 PM

HOW CAN THESE PEOPLE SLEEP AT NIGHT??THEY ARE KEEPING OUR CHILDREN FROM LOVING HOMES AND FAMILIES..THESE MEN HAVE NOT APPROVED CASES (OR WORKED) FOR APROX. 6 MONTHS, YET I'M SURE THEY COLLECTED A SALARY..THEY SHOULD FILE CRIMINAL CHARGES FOR THEFT OF SERVICES..THEY NEED TO BE HELD ACCOUNTABLE TO SOMEONE FOR THE SUFFERING THEY ARE CAUSING OUR CHILDREN AND US..PLEASE HELP US TO FIGHT FOR OUR CHILDREN WITH ALL THE LEGAL TACTICS YOU CAN..WE ALL WANT OUR CHILDREN HOME AS SOON AS POSSIBLE...

Posted by: marion at October 14, 2003 07:05 AM

Instead of petitioning PGN and the CC to make changes, what about gaining the support of other, non government entities, that wield power in Guat? I'm sure there is an organization of influential landowners, coffee growers, business associations, etc, that has certain sway with the policital machine down there. If international adoption could be presented as a way to a) decrease the potential of another poor child becoming a statistic, and b)increase tourism dollars, I'm sure someone would at least listen.

Posted by: Marc at October 14, 2003 02:56 PM

To Ben Schumaker, who wrote the post above:

Thank you so much for the wonderful gift of your time to help the kids in the Guatemalan orphanages! And thank you so much for your kind words to all of us adoptive parents. Our Guatemalan son just turned a year old and I hate to think that the public would ever ever think we had stolen him or in any way broke a law or hurt his birth mom to make him a part of our family! The ignorance that is out there is just so sad, because as these kids grow older, they too will read these things on the net and how will we convince them that so much of it is not true? thanks again,
Colleen

Posted by: Colleen at October 15, 2003 01:17 PM

Ben,

I also must thank you for your kind words. What a special person you are to volunteer your time and talent to such a noble cause. I am curious what organization you went through to conduct your volunteer work. I would like to do more than just write letters and make phone calls as I wait for the arrival of my son. Thanks!

Posted by: Tonja at October 15, 2003 06:59 PM