A new law proposal is circulating in Guatemala. This proposal HAS NOT been presented to Congress yet and must be approved by The Commission for the Minor and Family before it can be voted on by the full Congress. That commission is likely to vote on whether to present it to Congress in the next week.
If passed, the proposal would likely result in a near shut down for new cases as it does not really explain how referrals would be made. It also specifies no timelines for how long it would take to allow a child to be adopted internationally. It is this type of thing that has shut down many other countries in Central and South America.
This law proposal seems to be the culmination of meetings with UNICEF in which the country was promised Q176 million for passing certain initiatives, one of which is an adoption law (this was printed in the Diario de Centroamerica official newspaper).
Key Points from the proposal (based on my reading of it):
1.) Current cases are allowed to be completed
2.) Singles would be prevented from adopting
3.) It follows the standard UNICEF model of promoting family unification and domestic adoption before considering ICA. It does not however specify timelines for how long to wait before allowing a child to be adopted internationally.
4.) All referrals would come from the PGN who would match the child with a family
5.) It places strong emphasis on maintaining a child’s cultural heritage, it is not clear what that means so far as policy is concerned
6.) Once a child is connected with a family, the notarial system would remain in place. What would be eliminated is the practice of facilitators who connect birthmothers with attorneys.
7.) Birthmothers would have to relinquish their child before a Judge or PGN
8.) The law contains numerous provisions that would and could be challenged in Guatemala because they contradict the Constitution.
All in all, while the wording of the bill does not sound too scary and creates the appearance that adoptions would continue, experience has shown this not to be the case.
Focus On Adoption is preparing a campaign to fight this law if necessary. More information and a complete translation will be posted on their site (www.focusonadoption.com) in the days to come. We will also provide updates as appropriate.
Is this cause for panic?
If you already have a referral, I would remain calm. If I were about to be matched with a child, I would definitely be paying attention to this. As a survivor of the Hague fiasco, I have to say I am glad beyond belief that we hung in there because if we had not, we would have our beautiful daughter home whom we love more than words could describe. However, it is a turbulent time and everyone should make his/her own risk assessments and act accordingly.
Once again, this is just a proposal at this time and it may never make its way to the full congress.
What ever happend to Wendy Berger's law? Is this it?
Allison who went through the Hague
Now waiting for baby #2
Should we expect delays similar to the Hague delays?
Sabrina~expecting preapproval this week. I want my baby boy home NOW!
Posted by: Sabrina at August 8, 2005 10:23 PMSusana Luarca has posted additional information on the Yahoo listserv for single adoptive parents of Guatemalan children. As I understand her posts, I think that this is the Berger proposal with changes.
Apparently, after the Berger proposal was presented to Congress for a first reading in February 2005, Congress sent it to the Commission on the Child and Family for an opinion. The proponents of the proposal have since made changes to it. The Commission is thus considering the amended proposal.
Susana said that we should know by tomorrow (8/10), whether the Commission issued a favorable opinion on the changed proposal.
Posted by: Anne at August 9, 2005 08:19 AMPlease do not pass this new proposal. I am a single female and was hoping to adopt a child from Guatemala. I'm heart broken that the law prohibits singles from adopting. Some of us want children and can't wait forever for the "right man to come along". Please think twice before shutting us out! Every child needs a home! God Bless!
Posted by: Deborah Mulligan at August 9, 2005 01:16 PMMy one concern with this law, other than allowing singles to adopt, is that PGN will be the entity making referrals. I certainly pray that they think this through BEFORE putting this plan into place. PGN has enough challenges as it is. I find it hard to believe that they won't have many, many problems by adding the task of referrals to that. I would hope that part of their solution would include reducing the number of "kick outs" that they do by finding ALL the problems the first time instead of finding one and kicking the file out and then finding others later.
Posted by: Cathy at August 9, 2005 01:27 PMMy apologies, I meant to say "NOT allowing singles to adopt."
Posted by: Cathy at August 9, 2005 01:32 PMI lost my first referral after PGN had signed off because the birth mother took the child from the foster home before I could pick her up. I am in the process with my second referral. I just received pre-approval from the Embassy and the case is just now in PGN. I am a single female and this new proposal is scaring me to death. Is it possible my adoption could be impacted or will my case be grandfathered in. Does anyone know?
Posted by: christi at August 9, 2005 06:00 PMChristi,
While I appreciate that this news is alarming to some, please note the emphasis on "the proposed law HAS NOT been presented". No one could answer your question as nothing has been decided. I am also waiting to pick up my second child, so I'm somewhat in the same boat. We will just need to wait and see.
To Christi and Lillian, The proposed law specifically states that any adoption "in process" at the time this law is passed (IF it is) would operate under the regulations in place at the initiation of the adoption process in Guatemala - in other words, you'd be grandfathered. However, the same thing was said during the Hague "crisis" and pretty much all adoptions ceased moving. All of the efforts of the adoption section of PGN were dedicated to establishing a new Central Authority (which this law would do as well) rather than processing existing adoption cases. They also tried unsuccessfully (in general) to apply the new "rules" to pending cases. That was a couple of years ago with a different PGN director and a different President. We can't be sure what any new action would do.
I have a few concerns about the proposed law. In general, my main concern is that there are sweeping changes proposed (establishing a new Central Authority, making PGN guardian of all children without families prior to the adoption process, etc) with no money to back them up. What does this mean to the children of Guatemala who need families?
I'm very concerned because I am a Single, hoping for a baby girl. I waiting on my 171H approval. At what point do you think they are considering "In process"?
Posted by: Debra Robertson at August 10, 2005 12:28 PMIn the past, "in process" has been defined by meaning that the POA and the birthmother's "first acta" (initial consent for adoption) have been registered. This usually happens within a month of accepting the referal.
Kevin
Guatadopt.com
I heard this law is no longer being considered as of the middle of last week. True? Or is this just wishful thinking?
thanks
carole