{Posted on behalf of Susana Luarca, ADA}
Guatemala continues to be one of the most popular countries of origin of adopted children for American families, who adopted this year of 2006, four thousand one hundred and thirty five children. Only China placed more children (about eight thousand) with families of the United States.
The authorities of Guatemala -ill advised by UNICEF - see with growing concern the increasing number of children finding homes in the United States. During this year, the Guatemalan Congress was strongly urged by President Oscar Berger, to pass the proposal of adoptions law, known as “the Ortega Law”, which contains every possible constitutional violation one could think of. Aware of the flaws of such proposal, Congress resisted the executive pressure and told the authorities here and in the United States, that next year a new law will be passed that will follow the guidelines of the Hague Conventions, to allow adoptions to the United States to continue without any problems. That new law will also open the doors to other countries that are waiting the compliance of Guatemala to the Hague Convention, in order to allow their citizens to adopt children from our country. Among them are Canada, Australia, France and Spain..
The Guatemalan authorities are very concerned by the deportation from the United States, of thousands of illegal Guatemalans. The Minister of Foreign Relations and the Guatemalan ambassador in Washington met with the Secretary of State, Condoleeza Rice, to plead her to allow the Guatemalan illegal immigrants to remain in the US. Although the conversation went very well, the results did not change. Every week, more Guatemalans are sent back to our country, in some cases leaving behind their American children and for all of them, a good part of their lives. We fail to understand the position of the Guatemalan President, who begs to the US authorities to let the illegal immigrants to remain in the US, where they are breaking the laws of Labor and Immigration, and at the same time, trying to stop the adoption of Guatemalan children, who travel to the US with strict compliance to the laws of Guatemala and of the United States, with the support and the love of a permanent family, and who travel to the US for the same reason that the immigrants go there: to get a better life.
The US Department of State has stated: “The United States maintains ongoing high-level discussions with the government of Guatemala about the importance of ensuring a smooth transition to a Hague-consistent adoption process. We believe that any sudden halt to adoption processing would be problematic and hurt both the children and adoptive parents because children would be caught in the process with no system through which they could be placed internationally with a permanent family. However, prospective adoptive parents should be aware that changes in the adoption process could be instituted by Guatemala with little or no advance notice and the possibility exists that adoptions could be disrupted.”
We can assure you that the Guatemalan Congress is fully aware of the need of a smooth transition and has stated so. The same goes for the Guatemalan Attorney General, - who directs the PGN - who was quoted in a local newspaper as saying: “Adoptions will remain the same until the United States ratifies the Hague Convention”.
We have before us an enormous challenge: to make the Hague Convention actually work to defend the rights of the children to a family and to protect the rights of the birth parents and the adoptive parents, without losing the real goal, which is to give a family to the child that does not have one, instead of making it so hard that the need to protect the children’s rights becomes more important than the right of the children to a family. We are sure that we can do it. Guatemala is a poor country, where half of the children are malnourished and where the State refuses to take responsibility for the fate of the unwanted children. However, there is something that sets us apart from the rest of Third World countries: that in Guatemala we are aware that unless social conditions change, the only way out for many children is adoption, and that us, Association Defenders of Adoption (ADA) are not going to let that door to be closed. There is no plan B for the children of Guatemala.
International adoption is a complex process and as in any human endeavor, many things can happen. Although we seriously doubt that it could happen, if - as the DOS fears - “changes in the adoption process are instituted by Guatemalan authorities with little or no advance notice and adoptions are disrupted”, we are poised to file the necessary legal resources to restore the legal order, because our Constitution includes provisions that protect adoptions and the notarial process, so anything that restricts or limits them, would be unconstitutional. We have done it before successfully and will do it again, if it becomes necessary.
We are fully convinced that every child is entitled to be raised by a loving family and see as our duty to make that possible. If you are thinking of adopting from Guatemala, do not hesitate to do it. There is a child waiting for you in the Land of Eternal Spring.
Have a wonderful New Year!
Susana Luarca, Attorney at Law,
Association Defenders of Adoption
Guatemala City, December 2006
Susana,
While it is most likely that my family is complete with my husband and two amazing children who came to us from Guatemala, I look at this site and follow the happenings in Guatemala every day. It has broken my heart to think that other children and families may not know the joy that we know. I pray for you and your efforts everyday.
Dear Susana,
Thank you for this information. Your enthusiastic and encouraging words are so appreciated by us adopting parents!
Thank you, and God Bless You for all that you and others like you do each day for the children of Guatemala who need families.
Thank you also for ensuring the rights of the birthmothers to make their own decisions for their children, and all you do for adopting families.
Sincerely,
Lizzie
Mama to Anarosa since May 26th, 2004
Waiting for Migdalia
My husband and I have been reading anything and everythung we can about this situation, and still have remained at a stand still.. Our agengey will want twenty thousand dollars for a completed adoption from Guatemala, this is a lot of money for us so we remain undecided..I feel much more hopeful after reading this but my one and only question is HOW? What details can be given on how anyone can say that they will change the current situation.
Claudia
Posted by: Claudia at December 29, 2006 09:04 AMAll I can say is God bless you, Susana! I can't imagine how you find the energy to do all this with young kids at home! This doesn't even affect me at the present time but I am ever so grateful for your efforts over the years on behalf of all the children. I wish I had a photo of you for my son's memory box so he could see a true hero who played an important role in his adoption story!
Blessings for a Happy New Year,
Colleen
Thank you for your post. It gives me hope that a solution will be found and that adoption will continue after the US becomes Hague compliant.
Posted by: Heather at December 29, 2006 09:45 AMThank you so much for sharing this information. My husband and I have put our faith in God during our adoption process. It is nice to hear that both countries are still putting the children first. Thank you for all your efforts and support. We pray everyday for our baby girl and hope we get to bring her home very soon. God Bless you!
Posted by: Michelle at December 29, 2006 11:01 AMThank you so much for your words. My husband and I are in week 10 of waiting for a referral. Each week that goes by makes us more nervous as we move closer to the ratification of the Hague treaty. I remain hopeful that we will soon have our precious daughter.
Posted by: Jennifer at December 29, 2006 11:38 AMSusana,
I read thru your comments and I stand with my mouth open....... I like you do not understand how the Guatemalan Govt... on one hand they do not wish to support the legal means of placing guatemalan children in loving American homes and at the same time they do not want to take back Guatemalan who are being deported! This makes no sense...... I can only pray and hope that somehow the doors of ICA will remain open for the future of Guatemala's children.
Feliz Ano Nuevo!
Gloria Pickering
mom to 5 Guatemalan blessings
Susana
Thank you so much for your post and for the hope it gives us that our little angel will be able to, someday, love and enjoy a sibling who shares his proud heritage. God bless you and those you work with during these challenging times.
Posted by: Tisha at December 29, 2006 02:09 PMClaudia and Others,
This is just my opinion, so take it or leave it. If you do not want opinion, please do not read any further. I have no special information or insite, but I do trust Susana and her knowledge/experience. My suggestion to you is----take the leap---I don't believe that you will regret it.
I am the very proud, very blessed Mama of one three-year-old daughter from Guatemala and I am currently in process waiting for my second daughter born this past November. I have never been happier, or deeper in debt.
Yes, 20,000 is an incredible amount of money, and yes you are taking a certain amount of risk, but you will get 10,000 back through tax credits, and more from dependent credits.
When I was trying to decide to adopt the first time, and thinking about that great debt., because I knew I would have to take loans for all of it, and that the loans would be difficult to pay back, I consulted with my dearest friend, who always sets me straight.
"Do you want to do this? Do you want to be a Mom?" "Yes" I responded. "Then just do it. When it is important, you will always find a way to pay the fees. You will do without other things, but you will have the family that you always wanted. All of those other things will no longer seem important."
He was so very right.
Many "things" that used to be important for me to have or to do, have completely lost their appeal. My daughter and I and friends and family now concentrate on spending time with each other and deemphasize the "stuff". I am not trying to praise myself or to preach to others, or to make any accusations, as I do not know many who are on this list personally. I am just making the observation that it is truely amazing how little of the "stuff" we really need to accumulate in our lives.
When I decided to expand my family, by adding a second child. I again became consumed with fear about finances, knowing that I would again have to take out loans and I still owe loans from the first adoption.
I again consulted with my very wise friend. "Do you want to do this? Do you want a sibling for your daughter? Do you want to parent two children?" "Yes" I said. "Then just do it" he said. "You will find a way if you really want this. You will tighten your belt even more, you will do without even more, but you will have the family that you always have wanted, and you will be very happy."
Again, I believe he was right.
I took out a second mortgage, have tightened my belt significantly, and here I go again. I do not have my precious baby yet, but since I made the decision to adopt a second time, all of the anxiety over finances has lifted. I know that I made the correct decision for my daughter, for my future daughter, and for me.
My advice, research, research, research agencies. Choose an agency that you can count on to act in an ethical manner. Choose an agency that not only does adoptions, but also does other good work in Guatemala for the children and people in Guatemala. Perhaps choose an agency that has been doing adoptions and working in Guatemala for many years. And although it may be tempting, try not to choose an agency by the amount of their fees, their large glossy photo booklets, or their websites sporting photos of waiting children. I am not saying that agencies that are cheaper, or have booklets or websites are bad, I am just saying research, research, research.
And perhaps soul search. Ask yourself, can I accept a referral of a child without even seeing a photo?
Again, this is all just my opinion---don't slam me or take anything personally---everyone.
Happy New Year to all.
Lizzie
Mama to Anarosa since May 26, 2004
Waiting for Migdalia
Thank you so much for your effort and dedication to these families & children. With our first child's paperwork in PGN and praying for the way to be made for a sister for him someday soon...I hope that we will be able to give our son a sister of the same nationality--from this most absolutely beautiful country, Guatemala!
Posted by: Amie at December 29, 2006 05:41 PM
Our son has a younger sister we hope to bring home to join our family. There is hope and I am grateful. The children who leave Guatemala are the lucky ones, for they now have a chance. It is the ones left behind we should pray for.
I agree with Lizzie; If you want a family don't let ANYTHING stop your desire especially finances. My husband and I picked up our daughter this past Aug and are waiting for our son to come home. We didn't think twice about adopting our daughter, but our son (we have 2 bio also) we second guessed ourselves, in the end we said "people pay $40,000 or more for a new vehicle, we are adding a son to our family, giving US the blessed experience and joy of having more children".
Anyone thinking about adopting should go forth and not let finances detour you!
Jenny-this is my personal opinion also.
Posted by: Jenny at December 31, 2006 10:37 AMThis post is to add another side of the argument about finances and adoption. While I agree, you should follow your heart....you should also listen to your head. Adoption, in the best of circumstance, can be very expensive. It can also be overwhelming. It, of course, is not for the light hearted. And God forbid, you should run into troubles. My husband and I have been in the process for over 18 months now, (with no end in sight). Because of our desire to have our son home, we have pledged to follow this to the end. That oath has cost us a lot more than we initially bargained for. Between the many trips that relieve our minds to his well being, the additional hiring of attorneys, the added expense of having to redo our expired documents and not to mention the toll it has taken on us emotionally, ....Again, I say, adoption is not for the faint of heart. For the most part, the majority of adoptions go off without a hitch. But for those that don't, it can be an endless sea of disappointments and draining on the best of nest eggs.
I am not saying don't pursue adoption. My husband and I, even though we have had a tough time, have never looked back or second guessed ourselves. Our son, in our minds, is already our son, (whether he is with us or not). Just keep your eyes open, fingers crossed and listen to both your heart and that little voice in your head.
Gayle
Could you please comment on the average time an adoptive family spends in PGN these days?
Thanks
Shela. We arrived home after being in PGN for 9 weeks. I called and called our US attorney and drove him crazy until he got his job done. The agency finally gave me his name & number after I called them twice daily for 6 months.
You do whatever it takes!!!
Can someone explain PGN? My daughter and son in law are finishing the last step before authentication of documents. What is next?
Posted by: Karen at January 5, 2007 03:53 PMWe have been in PGN for almost one year now (January 11, 2006). I hope that nobody has to experience what we have the past 15 months waiting for our son. Our agency will not release the attorney's phone number or e-mail address and we are extremely frustrated that we cannot have direct contact with him. We are mentally and emotionally exhausted from this grueling process and anxious to get our son home. If anyone has any advice or suggestions, we would greatly appreciate it.
Posted by: K and J at January 6, 2007 11:58 AMK and J
Do you know what thw hold up is in PGN or has your agency just said the proverbial, "no news is good news" ?
When you uget the e-mail from the embassy saying you got preapproval, it should have also been sent to your agency and lawyer so their e-mail addresses would also be on there. That's how I located my lawyers e-mail address.
Posted by: sue at January 7, 2007 11:31 AMK and J,
Sorry to hear about your grueling journey. I know too well what you are going through. I would be more than happy to share with you (via email) how we have dealt with our adoption challenges...thanks to some special hired help.
Posted by: Michelle at January 7, 2007 11:23 PM
Michelle, we would appreciate your help. Please contact me at kjoconnell317@verizon.net so we can talk!
Posted by: K and J at January 9, 2007 11:04 AMK and J:
I too have been in PGN almost a year now. My one year anniversary is January 17, 2007. I accepted my referral on March 11,2005. My daughter (please God)will turn 2 years old at the end of this month. There is no end in sight. Sorry to hear someone else has also been held prisoner by the PGN.
Cathy
We too have been in PGN since last year (February 2005). Our son will be 15 months old at the end of the week. If you have any questions please feel free to email me at beckern65@gmail.com. We have had some help along the way too and would be happy to share all we have learned.
Posted by: Nina at January 15, 2007 09:54 AMI am hearing reports that people fostering their adoptive children are being told that Guatemalan adoptions are going to be coming to a halt in March. Anyone have any info on this and if true, which adoptions would be allowed to continue?? Thanks,Suzanne (JUST submitted to PGN)
Posted by: Suzanne at January 19, 2007 03:05 PMIf this is true, Suzanne, and I do not doubt that it is, how deeply, profoundly, and horribly sad this is!
Posted by: Cathy at January 20, 2007 09:25 PMThe comment about Guatemala possibly halting adoptions in March 2007 really scares me!! My husband and I are just starting the adoption process. We still have a long way to go before we have our child home. The agency I just signed with told me since we want an infant boy.... it will take 12 months after submittal of Dossier. I want to learn as much as I can about the Hague...plus any adoption tips are appreciated.
Posted by: Lisa at January 29, 2007 04:05 PMHi all...
Just found this site. Is this true about adoptions stopping in Guatemala. We just got the DNA approval for our daughter and were hoping we could bring her home in June. I am not sure if our case is in PGN yet. Our social worker has been sick....We have been trying to have children for 6 years and we so hope this will work. She is adorable....Any insight would be so helpful...thanks
Posted by: Lacey at January 30, 2007 10:15 PMLacey,
I am not an expert by any stretch. However, it sounds to me as though your adoption is far enough along in the process to be safe from any shut down that may occur due to the Hague treaty.
My husband and I went through 3 years of infertility and I understand the fear of another heart break. I, of course, don't know for sure, but I think you will be fine.
Good luck and God bless.
Dear All,
I live in Malta EU - my wife and myself are looking at adopting a child from Guatemala. Could anyone be kind enough to explain to us the best way to get adoption from Guatemala. I have been surfing the net and the only came through an agency that doesn't inspire me with much confidence. Also could you please let me know what is the problem with adopting or is it only the US? Do the work with European countries? What is PGN?
Would appreciate any help/comments/advise you may have.
Thanks alot,
antoine
can you please contact me about an agency. I am hesitant to post right now.
thank you