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August 10, 2005

REASON PREVAILS - More from Guatemala

{Posted with permission from Susana Luarca, Asociacion Defensores de la Adopcion}

This morning was scheduled the meeting of the Commission of the Child and the Family of the Guatemalan Congress, to discuss and approve a favorable opinion of the UNICEF' s proposal of adoption law. With 176 million quetzales being dangled before our government, as a reward for letting UNICEF dictate policies regarding many issues, - adoptions among them - the president of the Commission, Jorge Luis Ortega Torres announced that the favorable opinion was to be signed today and the law would be approved in September, before the meeting of the Hague Conference for International Private Law, because the Guatemalan delegation has to inform about the progress with regard to adoptions. But it was NOT, because the other congressmen did not want to support such a proposal.

The project of law has as an only merit, that it could be used by the Law students to identify every possible violation to the Constitution that a law can have. It would be too long and useless to analyze it here, because such proposal cannot become a law of Guatemala.

The Commission of the Child and the Family, after analyzing the proposal decided against its approval. The future of such proposal looks very bad.

This is a good day for the children of Guatemala who need families and for the families - single or married - who will open their arms and their hearts to them. Congratulations!

Best regards,

Susana Luarca,
Asociacion Defensores de la Adopcion
Guatemala City

Posted by Kelly at August 10, 2005 02:21 PM
Comments

I'm confused??

The article says:

"Commission, Jorge Luis Ortega Torres announced that the favorable opinion was being signed today and the law would be approved in September,"

Yet, then the article posted says "The Commission of the Child and the Family, after analyzing the proposal decided against its approval. The future of such proposal looks very bad"

So was the proposal to prevent singles from adopting along with halting all new cases turned down?

I working on the final steps of my dossier and don't know whether to stay with Guatemala or not??

Please advise

Posted by: Laura at August 10, 2005 02:30 PM

Yes, I am confused to, especially because the above quotation seem to contradict the following from the same article:

"Jorge Luis Ortega Torres announced that the favorable opinion was being signed today and the law would be approved in September . . . . "

Has the law or portions of it been approved to go to Congress? What are the likely next events & timeline with regard to this matter? Please advise. Thanks so much.

Posted by: Kim at August 10, 2005 02:41 PM

In order to be presented to Congress for second reading, the proposal needs the approval of the Commission of the Child and the Family. The president and other two members of such commission are the congressmen who presented the proposal to Congress last February. The rest of the Commission opposed it as it is, so there is no way that the last version of the proposal could be presented to Congress. Substancial changes should be made, in order to get the approval of the Commission and the approval of the majority in Congress and become a law of the country.
I hope this clarifies the doubts.

Posted by: Susana Luarca at August 10, 2005 02:53 PM

That helps a lot, thank you. I am also wondering, how many total members are there on that committee? And also, since we may not be ready for referral until January (skipping the holidays), what are annual dates that the Guatemalan Congress is in session. Thank you very much. This site such a godsend of information.

Posted by: Kim at August 10, 2005 03:02 PM

Susan, based on the comment you posted below:

The committe has not passed the bill as of today, 8-10-05. If changes were made to the bill, how long is the minimum amount of time before someone could bring the a revised version of the bill before the committee and try again to get it passed??? I may be getting a referral within a week or two and and am worried.

In order to be presented to Congress for second reading, the proposal needs the approval of the Commission of the Child and the Family. The president and other two members of such commission are the congressmen who presented the proposal to Congress last February. The rest of Posted by Susana Luarca at August 10, 2005 02:53 PM
the Commission opposed it as it is, so there is no way that the last version of the proposal could be presented to Congress. Substancial changes should be made, in order to get the approval of the Commission and the approval of the majority in Congress and become a law of the country.
I hope this clarifies the doubts.

Posted by: Laura at August 10, 2005 03:31 PM

FYI: I posted the correction that Susana forwarded to me in the original article.

I just wanted to add that we sincerely appreciate the efforts of Susana Luarca and the ADA to not only fight for our children, but to keep us well informed of developing news.

Posted by: Kelly (guatadopt.com) at August 10, 2005 03:35 PM

Also, what can we do, if anything, to help keep Guatemalan adoptions running smoothly?

Posted by: Kim at August 10, 2005 03:40 PM

Kim,

Try not to worry, adopting a child from Guatemala is a wonderful thing to do. I have never been happier since I adopted my daughter a year ago. If you are able, support the ADA and Susana in their efforts. Take care,

EB
Mama to Anarosa

Posted by: EB at August 10, 2005 11:17 PM

What is the upcoming Hague Conference in September and what impact, if any, would it have on Guatemalan adoptions?

When could the Guatemalan congress meet again to consider another law similar to the one that just failed?

Posted by: Dave at August 11, 2005 09:17 AM

Hi, Susana Luarca..

A woman on the yahoo Guatemala listserv group stated that her agency has advised her that the reason this law did not pass is because there it is in the summer and there wasn't a full committee attendence. Therefore, it is not a valid vote and it will be brought again before the committee again within the month.

Have you also heard this?

Posted by: Laura at August 13, 2005 04:57 PM

My agency told me that Congress is voting again this coming week... Is this true?

Posted by: Karen at August 13, 2005 08:48 PM

Could someone please reply to some of the above Q's.....will Congress be voting on this again in Sept? Will Hague have an impact on this? What would this mean to those of us who are just starting the adoption process and about to send our dossier to our agencies? Is it safe to proceed with starting a new adoption in Guatemala or could everything come to a halt? Thanks for any help and clarification!

Posted by: Melissa at August 14, 2005 07:07 PM

Although not all members of the commission of the Child and the Family were present at the moment, all members were in the building of Congress and could have been called for the meeting at any moment. The members who were present decided to discard the proposal entirely because it was full of potential constitutional challenges. This law proposal cannot be presented to Congress without the approval of the Commission of the Child and the Family and many of its members oppose it. Another proposal will take its place, and another battle will be fought, but it will not happen any time soon.

The president of the Commission of the Child and the Family, Jorge Luis Ortega announced the day before the meeting took place, that his proposal would be approved in September, in time for him to go to the Hague meeting, but now that the proposal has been discarded, he will have to present a new proposal that respects the rights of the people involved, and must of all, of the children who need families. His proposal was an anti-adoption law and that is why its approval cannot be allowed.

Best regards,
Susana Luarca

Posted by: Susana Luarca at August 16, 2005 12:38 AM

"With 176 million quetzales being dangled before our government, as a reward for letting UNICEF dictate policies regarding many issues, - adoptions among them "

Hmm.... In the United States this would be called a bribe, wouldn't it! I wonder how many of UNICEF's corporate and major donors are aware that this is how the organization they donate to operates.

Posted by: Kevin at August 23, 2005 03:41 PM

Back when adoptions were shut down in 2003 and I was waiting for my son, I wrote as many UNICEF donors as I could find. I did receive responses but for the most part they really didn't seem to care. I do believe it never hurts to let them know, and it definitely made me feel better while I was waiting!

Posted by: Tonja at August 26, 2005 04:32 PM