Many questions are arising about what scoop is regarding the US putting the Hague Treaty into force and adoptions from Guatemala. It is a bit funky so here is my best shot at it.
The Hague is only relevant in adoptions between two Hague countries. So adoptions by US families from non-Hague countries will not be impacted by the Hague.
Some countries choose to say that all adoptions must live up to the Hague, even if the sending country is not a member of the Hague. The US legislation does not have this provision. However, that could be changed at any time and it is possible that proposed legislation like the ICARE bill could do this in the future.
The million quetzal question…. Is Guatemala in the Hague? Guatemala did accede to the treaty and filed all necessary documentation to join. But then it was determined by the Guatemalan Constitutional Court that it was not constitutional. Under the rules of the Hague, once all requisite documentation has been received, the only way out to formally withdraw from it in writing. One year after the date that the Hague receives that letter, the country is no longer considered a part of the treaty. To this date, Guatemala has not formally withdrawn from the convention because they feel they really joined.
So the Hague says Guat is in, Guat says it isn’t. the real question becomes what will the US think. IF the US determines that Guatemala is in the Hague, then this could mean huge problems for Guatemalan adoptions. If the US determines that Guatemala is not in the Hague, then adoptions from Guatemala will not be impacted by the US finally putting it into force.
Some initial indications from US authorities seem to be that the US does not/will not consider Guatemala to be a part of the Hague. However, I don’t believe that this is anything official and we will not know until it goes into force (my opinion on that). It is also possible that Guatemala will formally withdraw from the Hague. There are people trying to make that happen.
From what I can tell most adoption providers do not seem overly concerned that Guatemalan adoptions will be impacted anytime soon. But no one can predict the future. And I will use this as one more occasion to emphasize with everyone the importance of following US adoption policy. For a few years I have been saying that I think that the potential for US-Guatemala adoptions to be stopped by the US is at least equal to it happening on the Guatemalan end. We closely follow what goes on in Guatemala and then minimize US legislation like ICARE. I thin it is because the Guatemalan Congress acts much quicker then the US Congress, and in many ways operates more openly. But there are always adoption laws being slowly debated in the US that can have a huge impact.
This may create as many new questions as it answers old ones but this is the best that I can describe it.
As I read the rules, this is just the first phase and it tackles the issue of accrediting agencies. I assume other elements of the rules will come in subsequent phases.
Am I misreading this?
Also, it appears none of this will take full effect until 2007. Again, am I misreading this?
Alina
Posted by: Alina at February 20, 2006 02:22 PMIF this goes into effect, do the people who already have referrals(like me) get grandfathered in under the current laws?
Thanks so much, you guys are great!!!
Posted by: HBG at February 20, 2006 04:55 PMI attended the public meeting held by the State Dept. today 3-17-06. AND YES they do consider Guatemala a Hague Country. And they do feel they want to make the 2007 deadline. BUT good news is if you have your I600 or I600a filed before the convention goes in to effect then you would have a pipeline case and all pipeline cases will be done under the old law. I suggest if you want to adopt from Guatemala you have your INS papers filed by mid. 2007 JUST MY GUESS!!
Mary Mooney