Does anyone know why Oscar Portillo has been banned?

No. And neither does Mr. Portillo

This is not the first time Portillo has been banned. He was banned a few years ago by a completely different embassy staff. Perhaps the embassy people now are seeing the same types of things that resulted in his ban several years ago?

David K

What was he banned for several years ago? Why would he be allowed back??

Mar

He's just been assigned to my husband and I. We just sent in the power of attorney. What should we do? We've already accepted our referral, does this mean we could lose our referral?

Michelle,
Get in touch with your agency as soon as possible and request a different attorney! I don't think it should interfere with your referral...they are 2 different things. I would do this as quickly as you can. The sooner you get set up with someone else the better.

Lisa and Michelle...

It is my understanding that each referred baby is, in fact, "attached" to the attorney. If that is true, changing your attorney may not solve your problem.

Jim K.

Jim,
Thanks for your information. So does that mean that since the attorney has been banned, that the child can't be adopted? How sad if that is true!! Sometimes it really feels like the odds are against some of the children making it into a loving family that wants them!

Michelle,

Please let me know how things turn out for you. You are in my thoughts and prayers.

Lisa

Lisa...

This situation is just one example of why the entire adoption "industry" needs major change. Adoption should relieve pain and suffering, not inflict more of it on defenseless little children of the world.

Jim K.

It is my understanding that many of the lawyers who work in adoptions have legal custody of the children they are placing. I would say it is very possible that a lawyer could get permision from the embassy to turn the child over to another lawyer (legally). The new lawyer may then be able to process the case. Lisa and Michelle do not panic yet..Maybe ask your agency about this?

Most of the time, the lawyer does have legal custody of the child. However, that does not mean that it has to stay that way. Ultimately, the child's birthmother gets to determine this. She has the legal right to reclaim the child and give custody over to a new attorney. In the cases of referals give out by this attorney which he cannot complete, he will probably not object to this. But even if a lawyer is uncooperative (I'm not saying that will be the case here, just speaking in general), if the location of the foster parent and birthmother are known, it can be accomplished without the attorney's blessing.

At least that is my understanding.

Kevin
Guatadopt.com

I keep reading he has been banned twice. Does anyone know why? Why do most attorneys get banned? How often does it happen?

Dear ListMates...

We sent the following email to the US Embassy in Guatemala City:

"Dear Roy Hernandez...
We adopted a Guatemalan baby girl late last year. Our attorney was Oscar Portillo, recently banned by the US Embassy. We would appreciate an explanation of why Mr. Portillo was banned. We are asking for this explanation because several prospective adoptive parents have asked us for references of the adoption professionals we used."

Here is the response we received today:

"Unfortunately we in the Consular Section are unable to provide information to the public regarding revocation cases."

WHAT??? WHY NOT???

We are surprised and disappointed that our Embassy would ban a lawyer while keeping the reason or accusation secret. In our opinion such secrecy is unfair not only to Mr. Portillo, but especially to the children he currently represents and their biological and adoptive parents. It also unfairly taints those of us who have used Mr. Portillo for our completed adoptions.

Americans expect transparency in such issues. Secrecy is an unsavory characteristic of oppressive government regimes. If Mr. Portillo deserves to be banned, so be it. But to ban anyone while not revealing the charges or reasons does not set a fair and reasonable example.

Jim and Leigh Koeniger

As for the embassy not giving out this information, I am not at all shocked. I would imagine only families in process and the agencies involved with Mr portillo would be given this information.I agree with jim secrecy is unfair to the children and adoptive families. However I do not feel that it "taints" me or my family who have not only completed adoptions but also have known Mr Portillo personally for many years.

Carol

Secrecy DOES taint completed adoptions.

With all due respect, we disagree with Carol's comment above that Portillo's ban does not taint completed adoptions. We KNOW that Guatemalan adoptions are viewed with suspicion by many. On more than one occasion we've felt obliged to explain the multiple sign-offs and the DNA testing to placate friends, relatives, and even suspicious strangers.

Our concern is for our daughter. When she decides to find out more about her own history by reading all the information we saved, we don't want her to suspect anything illegal or immoral about her adoption. Anytime a cloud of secrecy obscures something as important as one's own life story, a vivid imagination will fill in the blanks...frequently with dark and sinister thoughts. That is why we want the facts to be made public...ALL THE FACTS AND NOTHING BUT THE FACTS!

Jim,
Sorry maybe I confused you.
None of us want our children to ever think that something ilegal happened during their adoption,.when they begin to research as adults. My post said "I" do not feel tainted. And should any of "my" children ever feel negitive as they learn about the adoption process, I will do everything I can as an adoptive mother to see them thru, as I am sure you will too.

Carol

Carol...
You may not feel tainted about your adoption, but I'll bet others who used Portillo and agencies associated with him sure do. I cannot imagine any child whose adoption involved an attorney banned TWICE from the US Embassy will not wonder about the integrity of his or her adoption story. The reason(s) for Portillo's ban SHOULD and MUST be revealed so we all can know the truth and not be tormented by fear and suspicion.

Jim,
Our attorney Blanca, was also banned the reasons we know because they effected our case she didn't file paperwork in a timely manner,she didn't communicate to our agency if she did they were always lies. She was not doing anything illegal she just wasn't doing anything at all. In the end she just chose to not answer any phone calls or emails. Many agencies, lawyers, and families complained so she was finally banned. It doesn't have to be illegal issues inorder for a lawyer to be banned
Stacy

For an current families and agencies in process with Oscar Portillo. there is a yahoo group set up. The goal of this group is for families and agencies who are in process with portillo to work together , share information and support one another. As these agencies will be in contact with Mr Potillo it will ba a place for all to get the same information..
oscarfamiliesandagencies-subscribe@yahoogroups.com

Jim,

You have warranted concerns regarding both the legitimacy and legality of any adoption processed by an attorney who eventually is banned. And, you are warranted in being concerned about the information you have on your adopted child.

If anyone thinks Blanca was banned due to her laziness, they are simply foolish. Her long timelines and irresponsible actions are only a small part of her ban. This may be the story that is politically correct for agencies to pass on to their clients, but there is usually something much more deceptive that has occurred.

When the Embassy bans an attorney, they usually set a benchmark for which cases will be turned over to another attorney. In our case, it was DNA authorization. Any case that did not have authorization would be processed by another attorney. Albeit, one your agency will likely arrange for you. If at all possible, you should press your agency to have ALL cases signed over to a different attorney. There are still families dealing with the Blanca fiasco after her March ban.

Dale...

We agree with you. Absent full and complete information about why an attorney is banned from practice before the US Embassy, fear of the worst will fill the blanks. We have spoken with other adoptive parents and all concur this secrecy casts a shadow over all our adoptions. We have still not received a reply from Roy Hernandez other than a boilerplate "no comment." Once again, we expect a complete explanation so our children will be assured their adoptions were above board in all respects.

I was just wondering if any one knew what is going on with the Portillo situation? Has anything been resolved?

Michelle...

We sent an email to Roy Hernandez twice and have received only a "no comment" to the first email. Several adoption agencies that use Portillo regularly post on this site. Perhaps they know something?

Stacy,
Since you obvously do NOT know what you are taking about, Blanca did MANY illegal acts not only in our case but in other cases. Because of illegal acts done in our other son's case his adoption has been denied by the Embassy and the Embassy notified us personally of the illegal acts that occured and that she would be banned because of them. It is NOT just because she did not file paperwork on time. There are serious issues why an attorney is banned, not just because the Embassy is pressured to do so because of complaints!!!

Staubsauger http://versandhaus.gelago.de/cat11955/Technik/Haushaltselektro/Bodenstaubsauger/Staubsauger/