(Posted with permission from Hannah Wallace, President, Focus On Adoption).
I'm writing from Guatemala where each night I "pray" that there will be no surprises tomorrow.
This is what I've been able to ascertain:
About 2 weeks ago the Prensa Libra reported that 1500 cases were being processed rapidly by the PGN. Last week the Department of State posted that the PGN told them that they'd only received about 200 cases. A couple of days ago, the Procuradoria for Human Rights filed an Amparo asking the C.C. to suspend all adoptions in Guatemala and used some "strange" reasoning, but also referred to 1500 cases having been approved.
Some facts: After the CC ruling there were approximately 200 cases which fell into the category of "pre March 5" cases, which are slowly being processed. Roy Hernandez, Director of CIS in Guatemala (aka as INS, BCIS, etc.) estimates that they've approved about 100 visas, most of which were "pre March 5 cases".
Based on "informal" polling among the lawyers and agencies, there appear to be under 20 "post March 5" cases which have been approved. I estimate that there are at least 600+ cases which have been submitted to the PGN. There are probably another 600 cases in various stages of processing. Each day some cases come out, most of them have "previos". Most of the cases now include the previa that Article 21 of the Convention on theRights of the Child must be complied with -- this article refers to showing that all efforts were made to find a family in Guatemala. Some attorneys are having the birthmother do affidavits stating that they did not choose to have the child adopted within Guatemala, considering the child to have more opportunity for education and health and a better life outside of Guatemala. Today I heard that ONE of those cases, with the affidavit, has been approved. However, that doesn't mean that they all will be, as there's been no consistency.. except in the obvious flouting of the law by the PGN with various "guises".
In querying the ADA about challenging this previa, which has no legal basis, I'm getting various responses. IF the affidavits are not sufficient, then they will probably seek an Amparo for this. Right now they're treating this and the other annoying and essentially illegal "previas" as they have in the past... and getting the documentation and re-entering the cases. However, at least ONE criminal case has been started, which will open the way for others. Though they can't be addressed as "class action suits", once this first case moves through the system, the model can be used and they can "accumulate". This is one strategy and is very expensive. Criminal cases can take awhile. Other routes to dealing with the problem of an obviously obstructive PGN are being explored vigorously. There is also another challenge to the PGN which was entered before the Constitutional Court awhile ago, which has not yet been ruled upon, which does address their limited powers.
UNICEF's fingerprint can be clearly seen in the recent Amparo filed by the Procuradoria for Human Rights... it is legally ridiculous and is just making a mockery of the Constitutional Court ruling and the Amparos granted in August. (Interesting that there they refer to 1500 cases being processed hastily; whereas the PGN has stated to the Embassy that they only have 200...). The names of the lawyers (about 12) who gave me the copies of their receipts are not really relevant here. I was able to show Roy Hernandez that just 12-15 of the hundreds of lawyers doing adoptions had already filed and that the PGN's statements to the Embassy, reported by the DOS, casting doubt on the attorneys, were clearly false. If for no other reason but financial, the lawyers are clearly anxious to have their cases processed and finished. There is no reasonable explanation for any lawyer to be sitting on their cases and not filing them as soon as possible. Some may have legitimate problems, but the majority are being "toyed with" by the PGN.
For example: today I saw a case returned with 7 previas, for an ABANDONMENT CASE OF A 7 YEAR OLD.. which included the previa referring to Article 21 of the CRC. The abandonment decree, of course, shows that all efforts were made to find family... and far preceeds March 5!!!! This was the 3rd time this case was returned.
I wish I had words of wisdom for all of you (and for myself). I'm continually impressed beyond words by the dedication of the attorneys who are active in the ADA. Sadly, there are a small percentage who are doing most of the work and assuming great expenses. The continued obstructionism by the PGN only serves to point out the dangers of a little power in the hands of the wrong people. If this is an example (and sadly, it is) of what a government department does with its mandate (and in this case, it's exceeding it's mandate)it serves to prove that we all have to keep up this fight. The PGN and its allies have achieved absolutely nothing constructive in the last 7 months.
It's late here and I'll continue tomorrow, hopefully, with no surprises. We should be continuing to keep our Congressional reps informed and involved.
Hannah Wallace, Focus On Adoption
Posted by Kelly at October 14, 2003 09:09 AMThe good news just keeps coming...:( My son is now 7 months old...we had accepted him at 5 days old...we can not even get a DNA date...$$$ are tight...my wife is depressed...and it is raining in Indiana....have to go look at Casey's picture...and stay away from quatadopt and yahoo...
Posted by: SAD at October 14, 2003 09:55 AMDear SAD,
I am very sorry to hear of your agonizing situation and send you my best hopes. On another note, if the anti-adoption folks are trying to create such discouragment so that adoptive families and those in favor of intercountry adoption finally give up, they must be shown to be mistaken. We can address the obstacles they keep throwing with a resounding call to our gov't to surmount each and every one. After all, the adoptive children are on our side and I believe that together we can prevail.
Posted by: Lauren at October 14, 2003 10:33 AMHannah, many of us are willing and able to contribute financially to the ADA in their effort to get our children home. Has any fund been set up to which we can contribute to the ADA or is one in the works ? Our son-to be is 4 1/2 months old and we are just getting ready to go into PGN. We would like to assist the effort to get him home sooner rather than just sit back helplessly and wait. Thanks.
Posted by: Christina at October 14, 2003 11:07 AMHas anyone tried writing a letter to the "Dr. Laura" radio show? She reads a compelling letter at the top of each hour of her show. Usually stories relating to childrens rights. She is also an advocate for adoption. If we can't get on her radio show maybe we can get our story onto her website. She has a HUGE fan base and would be an awesome voice to have on our side.
Posted by: cheryl at October 14, 2003 11:17 AMAs waiting parents we CAN'T give up. I know of one set of parents who decided they didn't want to move forward any longer because their "little baby" became a one-year old. Well, I am in that situation now and although I wanted to hold her when she was in her baby-stage and watch her take her first step, I have missed that because of the PGN and the Hague Treaty. I will not give up on my child. I have a lifetime of other moments I will have with her. Our kids need us no matter what age they are when they come home! Keep the faith...Hannah and others like her are doing everything they can for us. I, too, would give money for the attorneys putting extra time in for the cause.
Posted by: Joan at October 14, 2003 12:15 PMI agree with all of your comments. I think we could use some more guidance. What do we need to say in our continuing letters to the U.S. government? Who should write the letter to Dr. Laura (a really great idea!)? How do you file a criminal case in the Guatemalan courts and what stage do you need to be in? I have even volunteered to stand inline at the Embassy for my attorney prior to him meeting with the Embassy officials so he can handle other business instead of spending hours in line!
Posted by: Tonja at October 14, 2003 12:36 PMI've written to all the NBC, ABC, CBS news programs such as 20/20 and asked them to consider doing reports. If others want to do the same you can submit your ideas via their websites. I've encouraged them to view this website for information and contacts.
Just a personal opinion and something to think about. While I support and encourage EVERYONE to spread the word I would be cautious about contacting shows like 20/20. Thus far, our experience with the mainstream media has been that they focus in the UNICEF position without ever questioning or "investigating" the truths. If the same happens with a show like 20/20, we may do more harm than good. Once again, I don't mean to discourage anyone, but we should be careful to be very strategic in who we contact.
Posted by: Kevin at October 14, 2003 01:33 PMI agree with Kevin. We shouldn't be to quick to contact the media. We need to be our own media.
Posted by: Mary at October 14, 2003 02:19 PMMary is right. We need to be our own media. We forward jokes and recipes and such, now it's time to use our network of friends and family to get the message out. Ask everyone you send emails to to forward to everyone they know (be sure to include your coworkers in this). If I can get an email that's been forwarded to 100,000 people before someone sends it to me, we can get the message out. PS, as far as media outlets, think about people like Jamie Lee Curtis, Sen. John McCain, and Angelina Jolie, all who have adopted.
Posted by: Marc at October 14, 2003 02:42 PMI agree with being our own media, but I don't think we have to make assumptions that the media will slant toward Unicef. There's a good possibility they will pick up on someone's personal story about their wait & consequences suffered such as the one left on this site a few days ago. Or they may pick up on how the poor implementation/planning of the Hague Convention caused such delays. I shared my own personal story of my wait when I made the suggestion to the media.
Posted by: JW at October 14, 2003 02:58 PMWhat about Bill O'Reilly. I would guess that he would love the chance to go up against Unicef and help our cause.
Posted by: Maureen at October 14, 2003 03:04 PMJust a caution about some celebs. Check their background. Angelina Jolie actually works for UNICEF (she has been seen in some tv spots with a UNICEF hat on accompanied by people with UNICEF shirts on). I can only imagine she is doing this without truly realizing their stance on international adoption. We just shouldn't assume they are automatically on our side. They may need a lot of education too. Goodness knows, I didn't know anything about this side of UNICEF until I got involved in a Guatemala adoption! I would, as others have said, be cautious with the media. They are businesses. Most will probably tell the story that best fits THEIR needs rather than those of the world's children. Hopefully, we can get some help from someone who frequents this site who is media-savvy.
Also, writing the sponsors of UNICEF might educate them about their choices. Thanks to everyone who helped compose the letter to UNICEF sponsors! I've mailed out 6 this morning (and followed with an e-mail) and plan to do more tonight. I'm not waiting to pick up a child, I'm still waiting for a referral. To all who are waiting, no matter where you are in the process, keep up your courage. I know we have a lot of prayers being said for us and the children.
I agree with Kevin's comments about being careful contacting the media. One reason Romania adoptions were shut down was because of negative publicity received in the states regarding the poor conditions of their orphanages. I believe the Chicago Tribune just published a slanted article on international/Guatemala adoptions. We need to be very careful with the media. This could hurt our children more than help them.
Posted by: Stacy at October 14, 2003 04:15 PMI think that Susana has warned about being careful with the media before also, if I'm not mistaken. So please be careful!!!!
Posted by: Becky at October 14, 2003 04:22 PMPLease someone tell me what this post means. I truly hope they ask God to forgive them for all that they have done to the Babies and waiting familes.
Well, folks, my husband and I are still working away at getting reputable media attention for all of this. In fact, I spoke with an old roommate of my sister's who is an Executive Producer at NPR. I asked her why no one is picking up on our plight yet we continue to hear about nonsense like J. Lo and Ben. She stated that with all the other news lately (i.e. the Pope, terrorism, etc) this story pales in comparison and only effects a very small segement of the population. I think that's BUNK! If someone can get a segment on Dateline because they had bad liposuction, then why not US? I also contacted Bill O'Reilly and am waiting to hear back. I know we need to be cautious about the media but we cannot run scared of them. If we're fortunate enough to get someone's ear we need to make certain they are fully educated from our position and need to hold them accountable for their accurrate reporting. (Which IS possible to do.)
As a sidenote, and without sounding totally ignorant, it appears as though the PGN is in contempt of the CC's ruling and the three day requirement. I'm aware that the PGN is using "legitimate" methods to reject cases, but isn't there some way for the attorneys to go back to the CC and demonstrate that they are NOT using the same guidelines to review cases as they did prior to all of this?? Clearly their processing standards have changed drastically and I'm sure that can be documented by how long cases are taking and how many are being rejected. If the attorneys can demonstrate statistically to the CC that "things" are not back to "normal" (as in pre Hague) you'd think the PGN could be held criminally accountable. Just a thought.... Feedback is welcome!
Thanks,
Denise
A FEW YEARS AGO 20/20 DID A SEGMENT ON CAMBODIA ADOPTIONS AND WITHIN A WEEKS THE FAMILIES BROUGHT THEIR CHILDREN HOME.MAYBE A GOOD IDEAL.
Posted by: KAT at October 14, 2003 09:54 PMI'M SORRY I MEANT WITHIN A FEW WEEKS THEY BROUGHT THEIR CHILDREN HOME.
Posted by: KAT at October 14, 2003 09:56 PMThe following is a letter (slightly edited for privacy reasons) that I sent to Senator Bill Frist's office requesting that a congressional inquiry be commenced into the adoption of our daughter, Cindy Mateo. We commenced the adoption in May of 2003 and cannot even get our papers filed in the American Embassy. It is our understanding that Roy Hernandez could resolve the matter quickly and easily, but it is all but impossible for us to get in touch with him. I left another message at the embassy this evening. If anyone can help us with this problem in any way (mainly by getting it in front of Mr. Hernandez), we desparately need your assistance.
Our kids can't fight this fight for themselves. We have to fight it for them. I just hope and pray that we can rescue Cindy from the system that threatens her future. After 17 months, we have made no progress at all. I hope that someone with influence reads this and can move it in the right direction. A congressional inquiry usually brings some news by this time (two weeks and an acknowledgement that they'll look into it, which will probably bring the same response of "We don't know anything about this case" because they won't file it). I hope that I'm not stiring up a hornet's nest by posting this letter on this web site. There are few options left. We've almost reached the end of our rope.
Geoff Hawthorne
*******
Dear Senator Frist and Staff.
Regarding the Adoption of Cindy Xiomara Vasquez Mateo.
We are the prospective adoptive parents of Cindy Mateo - Geoffrey Dean and Mary Lynn Hawthorne of Nashville, Tennessee. The purpose of this email is to seek assistance from United States Government Officials so that problems and delays with the adoption can be resolved.
We first saw Cindy in an adoption newsletter as a child who urgently needed a home. Cindy’s mother was unable to care for her. This resulted in Cindy being developmentally delayed. Her mother voluntarily gave Cindy up for adoption. We agreed to adopt Cindy two weeks before she would have been returned to her birth mother. That was in May of 2002. We expedited all of our paperwork. The adoption would normally have been completed by November of 2002. We are now in October of 2003 - well over a year into the 6-month adoption process - and Cindy is still in foster care. Her third birthday passed in June, which she was unable to celebrate with her forever family. We are a truly international family of an Australian Dad, and American Mom, and two Chinese sisters. We all desperately want Cindy to come home, and Cindy has photos and videotape of us.
To our knowledge, the main holdup in our application to adopt Cindy is the need for proof of the child’s identity in the form of current papers from the midwife (who was the only person present at the birth other than the mother and child). The midwife recently died. Our lawyer in Guatemala, Mr. Luis Roberto Aragon Hernandez, has repeatedly tried to file the adoption papers and keeps getting turned away by the officials at the window. He even had an appointment with Mr. Roy Hernandez, who is in charge of adoptions in the U.S. Embassy in Guatemala, but the officials at the window would not tell Roy Hernandez that Mr. Aragon had kept the appointment and was at the embassy to see him. He has been back to the embassy many times since then and still gets turned away. We have done everything that has been asked of us in order to save this little girl with no results.
Another family was going to adopt Cindy. Their papers were filed before the death of the midwife, and a positive DNA test was performed. The test is on file in the American Embassy in Guatemala City. Due to Cindy being developmentally delayed at the time, the other family withdrew from the process of adopting her. This DNA test would serve as proof of identity, (or, another could be performed - our adoption agency has offered to pay for a new DNA test). However, in order to have the DNA file pulled, we need to be on file at the embassy. That means that we can’t prove Cindy’s identity unless we file our papers, but we can’t file our papers unless we prove her identity.
This letter is a request for congressional help to:
1. Get Mr. Roy Hernandez to do whatever is necessary in order to meet in person with our lawyer, Mr. Aragon, and do whatever is necessary within the law to file our application to adopt Cindy. Mr. Hernandez has stopped returning my phone calls, and has never returned any voice mails left by Mr. Aragon.
2. That common sense will be the dominant factor in decision making for the sake of the child, since proof of identity is available inside the very embassy that requires proof in order to file the adoption application.
3. That anything else that can be done to expedite the adoption will also be done, since the child should have been home in the United States almost a year ago and is still in foster care through no fault of the adoptive family or their legal representation in Guatemala.
Thank you so much in anticipation.
Geoff and Lynn Hawthorne
With regard to contacting celebrities, i think a modified version of the letter being sent to corporations about their charitable donations to UNICEF could be sent to those celebrities who are supporting UNICEF most likely without full knowledge of UNICEF's position on international adoption. For example, Katie Couric of the Today Show is listed on the unicefusa website as being a national "ambassador" for UNICEF. This is akin to the role Audrey Hepburn and Danny Kaye used to serve for UNICEF. I'm sure that Katie Couric is unaware that her support of UNICEF is effectively supporting the horrendous practices by the PGN in Guatemala.
If enough people send letters to Ms. Couric it is possible the Today Show would do a story on this. The one caution is to be careful in challenging UNICEF. Much of what UNICEF does is perceived as, if not always actually being, beneficial to the world's children. It is not the organization that we are attacking but it is its policies on international adoption and its current support of the illegal activity in Guatemala. If the approach is one of education, making sure the people who are supporting UNICEF are fully informed of the organization's acts concerning adoption, then it is less likely to generate a negative reaction in the media. The same "package" that is being sent to the corporations could also be sent to the celebrity supporters of UNICEF. By the way, Maya Angelou is also one of those supporters and it is also doubtful she would support UNICEF's actions in Guatemala.
This targeted informational campaign may be more effective than an ad in USA Today. While it may be extreme, we might want to consider standing outside the Today Show studios with signs asking Katie to think about what her support for UNICEF is doing. I wouldn't consider doing this though until after an informational package had been sent to her.
Lastly, I would be careful about having Bill O'Reilly do a report on this . While he has a large audience, his view is usually presented in a confrontational, if not incendiary, way and could do more harm than good.
Dear Geoff and Lynn,
I have been in contact several times with Mr. Hernandez via e-mail. He has always responded promptly (usually within 24 hours) every time I have written. This is the e-mail address I have for him. roy.hernandez@dhs.gov. Let me know what happens. I am praying for you!
My husband and I would very much like contribute whatever we can to ADA. Could someone please let us know how to go about doing this?
Cathy and Chuck
Waiting with Carlos for a referral for a girl.
I've been thinking about "Trick-or-Treat for UNICEF" and ways in which we might handle that. I'd like to put an idea out there and see what people think. I've modified and greatly shortened the letter for UNICEF sponsors for friends and family, still keeping the respectful tone. I've thought of putting a copy of it into the treat bags of any child who comes around with a UNICEF box (with a smile and a treat, of course).. What do you think?
Posted by: lisa at October 15, 2003 10:07 AMGeoff,
I agree with Cindy. Roy Hernandez returned my email promptly and he replied to my senator quickly as well with specific information. Also, I believe they have someone new assigned to the embassy (his name was posted on this website, I believe). Write to him as well. I feel for you. I can't even imagine what this has been like for the two of you. Best of luck!
I wrote directly to UNICEF and received a lengthy response where they deny on one hand that they are involved but then go on to provide a lengthy explanation of why they believe Guatemala's adoption system harms children. The response was filled with inaccuracies, such as americans believing that poverty is an excuse to wrench children away from loving parents. I urge everyone to begin an email/letter writing campaign directly to UNICEF. I just got on their website and wrote to the webmaster who forwarded it to the appropriate person. We can't let them win!!!
Posted by: elizabeth at October 15, 2003 12:26 PMDid everyone see Ben Schumaker's recent post on the guatadopt "Comments: Current Situation in Guatemala" link? What he had to say about his recent work in Guatemalan orphanages really made my day as an adoptive parent; hopefully it will cheer someone else today too...
Colleen
Posted by: Colleen at October 15, 2003 01:20 PMThere was also an article in the Wall Street Journal yesterday (10/14) regarding international adoptions and the Hague Treaty.
Posted by: Tonja at October 15, 2003 06:51 PMToday I talked with our pastor at church and explained the pain that all of us families are going through. He said that he would meet with us next week to brainstorm possible options concering our plight. He thinks that we will be able to get the word to various religious contacts that may have some influence with some of the powerful people in Guatemala who may be able to make a difference. Our church has a high number of adoptive parents too-so we will have all of their support and prayers too. I will report back after our meeting with him. Also, I am so encouraged/excited that there have been so many ideas generated on how we can 'make a difference' for our children. Thanks everyone for cheering us up!
Posted by: Dean and Penny at October 15, 2003 08:38 PMHi Everybody... I thought you might want to read a response that I received from UNICEF..........
Thank you for contacting us with your concerns. We understand the
frustration and distress you must be feeling as your adoption process
was
temporarily suspended Kindly note that UNICEF is not responsible for
putting your adoption process on hold. In fact, UNICEF does not
facilitate
adoptions, nor does it impede adoption agencies from operating within
countries.
We too, are equally concerned about the plight of children in
Guatemala..
UNICEF has been working for many years in Guatemala ? providing
children
with health care, education and protection from abuse and exploitation.
We recognize that many children in Guatemala are in need of caring
homes.
More than 23,000- 24,000 children reside in institutions. Most of these
children have been abandoned, some have been placed there for their own
safety. Unfortunately, it is very rarely these children who are up
for
adoption, either to Guatemalan or foreign families. Instead,
Guatemalan
parents are often paid or coerced to give up their babies by
unscrupulous
individuals looking to make a profit. These corrupt lawyers,
custodians or
fraudulent adoption agents receive significant financial gains by
trafficking young infants to prospective adoptive parents.
These concerns have been raised by several European countries. In
fact, a
group of European countries imposed a moratorium on inter-country
adoptions
from Guatemala. In 1999, the European Parliament passed a resolution
calling for the prosecution of those involved in the illegal
trafficking of
children in Guatemala. Likewise, the UN Special Rapporteur on the Sale
of
Children, Child Prostitution and Child Pornography has raised similar
concerns.
This is why we are strong supporters of existing international
instruments
designed to protect children from unscrupulous adoptions -- including
the
Hague Convention on Intercountry Adoption. Guatemala has recently
acceded
to the Hague Convention and is now ensuring that its domestic laws
comply
with the standards it sets. UNICEF supports Guatemala's efforts to
ratify
the Hague Convention as doing so will provide children with protection
from
those who intentionally abuse the present system. In addition, the
Hague
Convention protects adoptive parents from unwittingly becoming involved
in
unscrupulous practices,
Prior to the passage of the new law, approximately 99 per cent of
inter-country adoptions in Guatemala were handled outside the courts.
While this procedure was legal, it did not provide for the appropriate
safeguards needed to ensure that each adoption was undertaken in the
child's best interests. It made it impossible to determine the origin
of
the adopted child, under what conditions he/she was given up for
adoption,
whether or not a lawyer was involved in the trafficking of the child
and
whether the requested legal fees represented "improper financial
gains"..
Many prospective adoptive parents unfortunately found themselves
dealing
with intermediaries that exploited their desire to help a child in need
of
a caring home. .
Again, thank you for your letter. Should you need more information on
UNICEF's work on behalf of children, we urge you to visit our website
at
www.unicef.org.
Sincerely,
Erin Trowbridge
The letter posted by TL from Erin Trowbridge of Unicef made me sick! Can hardly believe that UNICEF has so much power, and yet be so WRONG!
I'm starting my letter campaign tomorrow!
This is a response I have recieved after several letters to UNICEF...
Dear Cheryl
Thank you for taking the time to express your concerns regarding UNICEF's position on adoption in Guatemala. As you may know, it is certainly a most complex and emotional issue. I understand your concerns regarding our policy; however I want to clarify our position and help you to understand that we want nothing more than to see all the children of the world grow up in safe, secure, and loving homes, and live to their full potential.
UNICEF is not involved in any campaigns to put an end to inter-country adoptions in Guatemala or elsewhere. While UNICEF does not strictly oppose international adoption, we believe that international adoption should be considered only when the child cannot be suitably cared for in his/her home country. If a child has been abandoned, biological parents or extended family should be located. If that is not possible, placement for the child with a foster or in-country adoptive family should be looked into. When all other options have been exhausted, inter-country adoption should be considered.
By adhering to this policy and practice UNICEF seeks to ensure that governments protect children, that they ensure that the best interest of each child is central to the adoption process, and that they enforce the use of an appropriate, transparent, and consistent legal framework to manage international adoptions. While a good many international adoptions are completed in good faith, increasing commercialization and the lack of adequate safeguards are resulting in criminal abuses including trafficking in, abduction, and sale of children.
In Guatemala, two parallel systems for processing international adoptions are in use, the judicial and extra-judicial, both are legal under Guatemalan law. The first is managed by the Guatemalan judiciary and meets the standards outlined above, as well as the standards set forth in the United Nations Convention on the Rights of the Child (ratified by Guatemala in 1990) and the Hague Convention on Inter-Country Adoption. The second system is extra-judiciary and is managed chiefly by lawyers who benefit financially from the adoption transactions they are processing. The extra-judiciary system is unfortunately open to serious abuse.
For example, under the judicial procedure, the adoption is overseen by an independent judge, fulfilling the role of State oversight. The judge, among other responsibilities, ascertains the origin of the child, verifies the mother's motive for giving her child up for adoption, and approves the fitness of the adoptive parents on the basis of a socio-economic report. Only 1 percent of international adoptions in Guatemala are carried out under the judicial procedure.
The remaining 99 percent are handled under the extra-judicial procedure, in which the process of international adoption is managed almost entirely by the private sector through specialized lawyers, and is not subject to oversight by the State. This means that those parties with most interest in seeing the adoptions go forward are both judge and jury in the process.
Ultimately, the extra-judicial approach is so lacking in transparency that it is impossible to determine, with certainty, the origin of the child, under what conditions the child was given up for adoption, whether or not the lawyer is involved in facilitating the trafficking of children, whether his fees represent "improper financial gain," or whether the character witnesses for the adoptive parents are even known to these parents. In addition, the procedure does not require any follow-up of the child in the country where he or she will be living.
Under this system it is impossible to ensure that the best interest of the child is being served. It is for this reason that UNICEF has recommended that receiving countries insist that all international adoptions from Guatemala by their citizens be handled through the judicial process, and give preference for adoption of children in institutions who have obtained their certificate of abandonment.
Abuses of the Guatemalan system are not in any way the fault of prospective adoptive parents, whose sincere intentions are not in question. Certainly the many loving parents who are seeking to adopt from Guatemala would want to know definitively that the child they are adopting is truly in need of a family, is really unwanted by his or her biological parents, and has been willingly surrendered for adoption without any money changing hands. Responsibility for preventing such abuses lies with the appropriate Guatemalan authorities.
If you would like further information, kindly provide me with your mailing address. We would like to send you a copy of the Convention of the Rights of the Child, which defines important criteria for the protection of children's rights in the case of both national and inter-country adoption; a few New York Times articles illustrating some of the abuses that occur with private international adoption; and a notice from the U.S. Department of State regarding Guatemalan Adoptions.
Would the people who received responses from UNICEF kindly fax them to me and/or email them to me as soon as possible.
Fax: 215-592-0464 (A.I. office) or email:
Hwall334@aol.com
Thank you, Hannah Wallace, Focus On Adoption
Posted by: Hannah Wallace at October 16, 2003 05:48 AMThank you very much to those who posted their UNICEF responses - but oh how infuriating! It seems as if they cut and pasted carefully drafted responses to both of you, and the central paragraph contains so many erroneous statements that it is almost laughable. Do they actually think that thousands of us every year would willingly commit crimes against birthmothers just to have a Guatemalan child? Do they have any clue the enormous amount of paperwork and investigation we are put through just to apply to adopt? Give me a break! No one investigates the legitimacy of something more than my husband and I, and we are 100% certain that the private adoption process is working very well to legally and ethically find homes for these kids. This business about placing a child within-country first annoys me so much. What if I gave birth in the U.S. to a child I could not care for. Would someone from UNICEF tell me I could not place that child with a Canadian or an Italian family if I so chose? Would it make a difference if I was poor? Are they implying that because the women in Guatemala who give up their children are poor that they are also unintelligent? I find that insulting and highly unlikely, considering how bright the children are on average. The Mayans were a brilliant civilization and continue to be so, in my opinion. These women are willingly and with great hope, trying to give their offspring the greatest chance for a good life that they can, given their circumstance. A woman who has seen children die every year all around her does not care about bureaucracy or government controls; all she wants is to prevent her child from suffering that same fate. In some cases, the birth mothers even request that the family who adopted their first child adopt their second or third one as well. This shows choice, not coercion. I work for the U.S. federal government and I can assure you that no matter what measures we put in place to safeguard the system (and we have many!!!), there will always be abuses. No doubt this does happen occasionally with the adoption system worldwide. Yet, we cannot dismantle a program that benefits so many because of the abuses of a few. If that were so then we would be abandoning the very children UNICEF pledges to protect.
Very angry this morning,
Colleen
UNICEF's underground pro-institutionalization, anti-intercountry adoption is so sad and cynical! What about the autonomy of the birthmother to make this choice for her child in her child's best interest? Maybe her pregnancy was unwanted, but now she wants to make a life plan for her child that includes intercountry adoption in her opinion of her child's best interest and out of love for her child. UNICEF thinks it knows better than she does??? So overbearing!
UNICEF also pretends to know nothing about the Guatemalan adoption process - DNA testing authorized by US Embassy and conducted by US lab, for one simple example. Of course we know where the children come from. These birthmothers stay involved until the adoption if final!
Why doesn't UNICEF care about the neglect inherent in institionalized care and the potential for abuse and exploitation of any family-less child?! Seems to me like UNICEF just hates to see the formation of multiethnic multicultural families, regardless of how much they cherish and protect their adoptive children. I think adoptive families will teach children about their proud Mayan or other heritage because it is part of the children they adore. UNICEF needs to be educated about this issue. Does it have a mandate to institutionalize babies and children? I doubt it.
Posted by: Lauren at October 16, 2003 11:28 AMI don't want to sound like an arrogant
"ugly American," but one thing that
really galls me about UNICEF and the Hague
people is that they pretend that whatever
abuses there are, they'll go away if more
power is given to "source country"
governments to control the process. Whom
do they think they're kidding, other than
themselves?
On UNICEF's trick-or-treat fundraising, I think I will give out Monopoly game $ bills written on with a note stating:
"When UNICEF stops tricking people about intercountry adoption to the detriment of adoptive babies and children, I will be glad to give UNICEF a donation! Let me know when UNICEF is ready to open an honest dialogue on institutionalization vs. intercountry adoption and I will fufill my promise to begin donating."
I LOVE the idea about the "Monopoly" money! I'm heading out to buy some this afternoon. Also, I happened to be shopping yesterday in Pier One and saw their UNICEF display of orange boxes. I took one and then asked to speak to the store manager. I kindly educated her about UNICEF's stance on international adoption and asked that she pass my concern upwards at her next staff meeting. (Which I'm sure she won't do). But, it did gave me momentary pleasure to tell her one truth about UNICEF!!!
I wonder how many employees of UNICEF have actually adopted international children??? Their written responses seem to be written by "such experts" with so much "first hand knowledge." I wonder who these people really are? I bet most of them are recent college graduates who have no clue about loving and raising children regardless of their heritage. I'd respect these responses more if they were written by UNICEF employees who have lived our adoption experiences. Maybe we should find out who's really responding to our letters and how much of a "talking head" they truly are? It's easy to stand on a soap box and preach an organization's philosophy if you've never had to actually DEAL with their policies. Just a thought.
I'm angry this morning, too!
My heart is crushed each day that I have to get through without our little boy. We have read that PGN has hired extra staff and are ready to get down to business and process cases, just as soon as the Hague was resolved and then it gets published in the paper things should begin to move. Which is now obviously not correct. I feel like my child is being held prisoner from us. I know there are many other families out there that feel the same way. Out little fellow has lots of love waiting for him. My husband and I want to adopt again from Guatemala but things shouldn't be this hard. I would love to be able to help more children there whether I adopt them or not. If everyone is this interested in these children having a chance, then why is it taking so long. I have not visited, but I am pretty disperate to see my little boy and yes he became my little boy as soon as I got the referral in my heart and has remained there since.
Know that I am praying for our situation as well as all these families that are so crushed as each day goes by.
Posted by: Robin at October 17, 2003 01:26 PMI came across this on the website of the US State Department. www.travel.state.gov. Perhaps if anyone lives in the area they may go? Or how do we go about making our voices heard in this type of setting?
Public Meeting
The Bureau of Consular Affairs, Office of Children’s Issues, will hold a public information meeting on the proposed regulations to implement the 1993 Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention) and the Intercountry Adoption Act of 2000 (the IAA).
Date: Wednesday, October 29, 2003
Time: 1:00 – 3:00 p.m.
Location: Department of State, Harry S. Truman Building
2201 C. Street N.W.
Washington, DC 20520
Room 1107, C. Street Entrance
We will be available to answer questions on the proposed regulations on the accreditation and approval of adoption service providers (22 CFR Part 96) and on the proposed regulations on the Federal Government’s preservation of Hague Convention records (22 CFR Part 98).
Both regulations are available at www.regulations.gov and are published in Part 2 of the Federal Register for September 15, 2003. These proposed rules are open for a sixty-day public comment period that commenced on September 15, 2003, and will conclude on November 14, 2003.
The purpose of this informal public meeting is to answer questions about the proposed regulations. We hope that this informational meeting will assist any interested individuals in preparing written comments and/or questions to submit to the Department. Please note that for any comments or questions, on the proposed regulations to be considered by the Department in preparing the final regulations, they must be sent in writing to the Department by November 14, 2003. Oral comments, and written comments submitted after the November 14, 2003 deadline, will not be considered in preparing the final regulations. Information on how to send written comments by email or by hard copy to the Department is contained in the Addresses section of the Preamble to the proposed regulations published in the September 15, 2003, Federal Register and is reprinted at www.regulations.gov.
The Department of State security procedures require that all visitors be pre-cleared. Please fax your full name, DOB, SSN or Passport No., and Citizenship to Amanda Sollers at: 202-736-9080 NLT October 24, 2003. You will not be permitted to enter the building without pre-clearance from Diplomatic Security. All guests must present a valid photo I.D. Please plan to arrive early to complete entrance formalities. Thank you for your cooperation.
Should you have any questions regarding this meeting, please contact Amanda Sollers or Gloria Laguna at 202-736-9099.
Return to Hague Implementation
Posted by: Margaret at October 17, 2003 03:49 PMThanks so much to Cindy and Tonja for Roy Hernandez' email address. I had asked him for his direct email address before but he would not give it to me at the time. He said that the best way to reach him was to leave a voice mail (which was probably true then). Mr. Hernandez did indeed reply very promptly to my rather empassioned email and has given me an appointment time to forward to my lawyer. I have emailed him back asking what can be done to ensure that the meeting actually takes place this time, since our lawyer has been turned away about 9 times so far by the window officials who won't go and get Mr. Hernandez. I'm waiting for his response. Maybe, on Tuesday, after 17 months of nothing, we'll finally be last in line and can start rolling with PGN's punches with the rest of you. Here's hoping! :)
Posted by: Geoff and Lynn Hawthorne at October 17, 2003 04:03 PMFound this UNICEF policy statement in its press:
http://www.unicef.org/media/media_15011.html
Very different from the emails others and I have received from UNICEF...think it marks a change in its position on institutionalization vs. intercountry adoption, or just an empty PR stunt?
Posted by: Lauren at October 17, 2003 04:35 PMDear Geoff and Lynn,
I am so thrilled for you!!!
Cindy
On Friday night I spoke to Annabelle, our Guatemalan lawyer's wife. Roy Hernandez called Annabelle today and explained to her that our lawyer, Mr. Aragon, has to go to a different door in the embassy for a meeting with Mr. Hernandez. A meeting has been scheduled for next Tuesday. We are hoping and praying that the positive DNA test that has been done on Cindy and her birth mother will easily be found. I am going to find out all that I can about it in the meantime and email Mr. Hernandez what I know prior to the meeting. The records should also be available at one or more DNA labs in Guatemala and the USA. In any case, a new test could be authorized if absolutely necessary. Thank you all so much for your support and prayers.
If this meeting goes well I'll be doing the Dora the Explorer "We Did It" dance with my other two daughters. The "We" in the "We Did It" includes all of you. Thanks again. I'll keep you posted.
Posted by: Geoff and Lynn Hawthorne at October 17, 2003 10:54 PMHello All,
My husband and I just dropped an application off yesterday at our agency to begin the process of a Guatemalan adoption. I've been reading your
e-mails daily and wanted to let you all know that I am praying and hoping for you. Your situations bring tears to my eyes. I know that when we first receive our referral, that child will become our forever child, no matter how long it takes. Please let me know how I can help and I love the Monopoly money idea! May you all bring your children home soon.
Lauren, I don't think that UNICEF statement is any
different from things I've seen or heard of before.
They always claim they're not opposed to inter-
country adoption as "an option." They just think
that other options, which keep the child in its
birth country, are preferable.
Yes, Some of there intentions my be good, but the way they are corrupting the processing of clean and legal adoptions already in progress is wrong. They need to start with a clean slate, not toy with the fate of familes who have already gone through mounds of paperwork, invested a fortune, monitarily and emotionally and have been placed with a waiting child.
Posted by: dave at October 18, 2003 05:08 PMDave,
I totally agree. I've been calling the State Department Office of Children's Issues urging them to ensure that cases in process be completed under the prior rules. It's only fair. DOS Office of Children's Issues has indicated that it supports Hague-compliance legislation in Guatemala. We all need to make our voices heard to ensure that any change is not retroactive and is moderate, maintaining the notarial process just as the US implementation of the Hague will maintain regulated private adoption.
We need to call DOS Office of Children's Issues: 202-736-9090, as well as Senators and Congressman. It's got to happen now, before new legislation gets a foothold, causing the adoptive children and waiting families to suffer even more. This is really the time to fight for fairness and in favor of intercountry adoption. ADA is fighting the good fight in Guatemala, and we all are fighting the good fight here.
Posted by: Lauren at October 18, 2003 06:07 PMI am a mere 30-minute metro ride to downtown DC. I can certainly go and represent us at the public meeting on October 29th. But please advise me on what I should take with me. Is there a written statement I can take from us? Can I take a petition from all of us? I would be very happy to go and represent all of the adoptive moms and dads.
Posted by: Penny at October 19, 2003 03:45 PMPenny:
For the DC meeting, I recommend reading
from, or distributing copies of, Hannah
Wallace's article at:
http://rainbowkids.com/1003guat.htm
(That's unless Hannah herself is going
to be there (;-).)
It's an excellent summary of inter-
country adoption, the Hague treaty
in general, and Guatemala in
particular.
Geoff and Lynn,
I'm so excited for both of you and hope the meeting between Roy Hernandez and your attorney goes well. Keep me posted!!!
Posted by: Tonja at October 20, 2003 12:52 PMGeoff and Lynn,
We are praying for you and hope all goes well tomorrow. My husband and I are in the process of adopting John who will be 9 months old on Thursday. Let's keep the faith and pray that our babies are able to come home soon!
Posted by: Kristi at October 20, 2003 07:52 PMHello everyone - we have recently received our referral for "Rosa Linda" born 7/29/03. We are hoping and praying that our daughter comes home soon. We are waiting to hear of our DNA dates, etc. We are working with a terrific lawyer in Guatemala and have tremendous faith in him and that he will notify our social worker with any problems. Good luck to everyone!
Posted by: Cheryl at October 21, 2003 01:31 PMTo SAD, the first comment in this section, I also live in Indiana and would like to brainstorm with you about possibly getting an article in the paper etc. Pleas e-mail me privately at noc755@aol.com.
Posted by: michelle at October 21, 2003 02:41 PMThanks so much to Mr. Hernandez and Mr. Aragon for meeting this morning. After 17 months, Cindy's papers have been filed. We've made it to the end of the line, which is just the beginning of the process! We are still waiting on information about the DNA.
Thanks also to friends and family who's support and prayers are truly treasured. The battle to get Cindy home, and soon, will continue.
Soldier on.
Geoff
Posted by: Geoff and Lynn Hawthorne at October 21, 2003 03:14 PMGeoff and Lynn,
This is such great news! Through this website, we CAN help each other!! Best of luck to you both.
The best way to bring topics to Dr.Laura's attention is to fax her: 818-461-5140. She reads all faxes sent to her. There is no phone line to make suggestions for topics or issues.
I live in Oklahoma and in our Homeland Stores, they also have signs posted on their coin machine to help UNICEF by donating your coins.
I pity the young man that bagged my groceries as I lectured him on international adoption and UNICEF's view.
Next I will write the home office of Homeland and express my desire that they remove those signs and show support to one that brings them $200 every week in buying their products for my family.
I currently have two of my children home and waiting for the bio-sister of my 19 month old. The courts split their case and my little one has not been with her sister for 5 1/2 months and who knows when she will be home!
Linda
Posted by: Linda at October 28, 2003 05:28 PMI sent this email out this morning and wanted to share the great news with you all.
Dear Friends and Family.
Last night, Lynn and I spoke to Annabelle, our Guatemalan Lawyer's wife. She told us that her husband received confirmation that the DNA for Cindy had been found in the American Embassy and was good. The news came to them yesterday. We do not have to get another DNA as far as the embassy is concerned. Mr. Aragon had taken the rest of our papers to PGN (the government body that processes adoptions in Guatemala) last week planning on adding the DNA approval to it when he heard from the embassy. He will do that today. His plan is to make as much progress with PGN as possible, and most importantly, to file the papers with PGN to have it treated as an old case (which it is). A law may be passed soon that would severely hamper the progress of any new cases and he wants to avoid that. PGN is already trying to stop, or at least slow down, as many adoptions as possible. I am expecting them to request more documents of some kind from us to at least make things difficult. That will probably be our next battle.
We are very grateful to everyone who has helped us with this. Thank you so much. A week ago, we hadn't even started the process, and now our papers are in PGN. However, the battle must continue. May I request that Mr. Mark Winslow and Ms. Charlotte Jackson of Senator Frist and Alexander's offices get back with me regarding anything that we can do from the American end at this stage of the process. Ms. Jackson said that the has a contact at the State Department in Washington who may have been able to help with the American end of the process. Could that person, or any other people in authority, help with the Guatemalan processing of this very special case?
Again, on behalf of Lynn, Casey, Korie, and most of all Cindy (who can't fight for her own life and whose only hope is us) thank you so much for your thoughts, prayers, and practical assistance. If anyone has any ideas at all that even might help a little bit, please let me know ASAP.
Soldier on.
Geoff
Posted by: Geoff and Lynn Hawthorne at October 29, 2003 10:04 AM