Nine times out of ten that I am contacted by someone concerned that adoptions from Guatemala will come to a screeching halt it is because they worry about what changes may come from the Congress in Guatemala.
Ten times out of ten I inform people that while there is always the threat of new legislation passing in Guatemala that would effectively end adoptions, the fact remains that the private adoption is deep rooted in Guatemala’s Constitution and there are those in the country prepared to fight against such legislation just as they did with the Hague. And ten times out of ten I go on to mention how the real threat to American families wishing to adopt from Guatemala may be coming from right here at home.
While all eyes have been focused on Valladares, UNICEF/Berger, changes to the Civil Code, retaining foster care, allowing singles to adopt, and the like, many things have been going on in the United States that have the potential to end adoptions from Guatemala. Primary among these are the US implementation of the Hague, the ICARE Bill, and possibly the lobbying/involvement of the US Department of Labor in Guatemala.
Is Guatemala still part of the Hague Treaty? The answer depends on who you ask. According to the Hague, Guatemala did formally accede to the Treaty. And once that is done, the only way out is to formally withdraw in writing. Once that formal withdrawal is received at the Hague, the country is no longer part of it one year later. But to my knowledge Guatemala has not sent any such letter because the manner in which it acceded was illegal, as determined by the Constitutional Court. But other countries say Guatemala is still in the Hague. IF once the US has implemented the Treaty, it determines that Guatemala is part of the treaty, the US will most likely decide that Guatemala’s system does not adhere to the Hague and that will end adoptions from Guatemala as we know them. Despite numerous efforts to get an answer on how the US will view Guatemala vis a vis the Hague, thus far I have not been able to receive an answer. There are other issues with the US Hague regulations worthy of debate (click here to read about it), but this question of where Guatemala stands has never been brought to the forefront. So when will the US implement the Hague? Who knows, it could happen anytime!
The ICARE Bill has been called an “adoptive parents dream” because of how it simplifies citizenship and immigration aspects. Under it, a child enters the US with a US birth certificate and a passport as a citizen, not with an immigrant visa. Of course, as Rep. Zoe Lofgren told me, accomplishing this does not require a new law. But the ICARE Bill also does many other, troubling things. It stands to deeply politicize intercountry adoption by placing great discretion and little restriction on one person, appointed by the President, who would become the head of a new Office of Intercountry Adoption in the State Department. The law uses vague terms like “best interests”, “rights of the child”, and “competent authority” that are often used by those who try to create a de facto end to ICA. While there is little doubt that this law was drafted with the best of intentions, I agree wholeheartedly with the comment that it reads more like a preamble than an actual piece of legislation. Click here to learn all about ICARE.
Finally is a troubling development I learned of recently. Can you believe that the US Department of Labor is tying adoptions in with trafficking of humans for things like illegal labor and prostitution? The US Labor Department Office in Guatemala has under its responsibility the effort to "stop trafficking in humans". Someone from the DOL logically stated recently that we need to fight against this, because right now trafficking “isn't even illegal here.” But then followed this bombshell, "... the adoptions mess has to be cleaned up. We don't want to stop adoptions, but we expect to have a new law passed here in Guatemala in February." No, this wasn’t printed publicly anywhere and despite being given permission to state my source, I will keep that person anonymous. You will have to trust me that it came from someone who is a friend to our community but not directly involved with adoptions.
While it does not surprise me that the US would be lobbying for reforms to the current system, and some reforms would be a good idea, it does amaze me that this would be coming from the Department of Labor. And just what kind of law do they “expect” to be passed? During the Hague fiasco, the US government clearly stated that it has no right to meddle in the legislative affairs of a sovereign nation. At least that’s what we were told when needed the help of our government. So what has changed and what does labor have to with adoptions (outside of birthmother’s going into labor of course)? Please don’t take this to mean that new law is imminent or certain in February, just take it as perspective for the different types of pressure the Guatemalan government is under.
So what’s the point of this post? We can’t interfere with the legislative affairs of a foreign sovereign nation - that is 100% correct. We have to lay faith that the advocates in Guatemala will protect the institution that has brought us so much love and provided permanency for so many children. But we can get involved with the actions of our government and make sure that we are doing all we can to educate our elected officials on things like the ICARE Bill. Remember that US Reps and Senators don’t have the time to become experts on everything they vote on, that’s why they rely on their constituents who care to inform them.
On a positive note, there have also been many positive developments in the battle to keep adoption open as an option for children and birth mothers in Guatemala. UNICEF and its soon departing Executive Director Carol Bellamy have been under a lot of scrutiny lately because of how the organization has deviated from its charter. In addition, members of Focus On Adoption have been making great headway with some officials at the United Nations who oversee UNICEF. The upcoming Focus On Adoption conference in Guatemala will feature Elizabeth Bartholet as the Keynote Speaker and she is sure to put some perspective onto who pays the price when countries are closed or severely restricted because of bureaucrats trying to “protect” children. While we’re still not sure exactly who will attend the conference, we do know that some, if not all, of the Guatemalan Congress will be there.
As a side note because I am sure this post will raise questions. My family will be on vacation without computer access for the next week. So please just post to the comments and I will to my best to reply there.