The Constitutional Court of Guatemala made a decision yesterday that apparently overturned its 2003 decision that deemed the Hague accession unconstitutional. The decision seems to say that the President have the authority to sign onto such treaties.
I do not believe there is reason for panic on this because I do not see what impact it would have. Whether or not Guatemala considers itself part of the Hague, we have known for some time that the US does and that without Hague compliant legislation, the US will stop issuing visas in the future. My opinion is that what this ruling means (and I do not know if it can or will be challenged) is that the legislature of Guatemala does need to pass new legislation internally. The million dollar question remains: can they pass Hague compliant legislation that keeps a functioning system and does not remove the chance for children to have permanency in a loving, family environment via intercountry adoption.
Kevin, does this ruling then mean that the President has the authority to issue Executive Orders that would then make Guatemala Hague compliant?? Or was that outside the scope of the Constitutional Court ruling?
Posted by: Steph at February 22, 2007 11:13 AMI hope that this ends up being for the good. As stated above, the US considers Guatemala part of the Hague and that is one of the big issues. Hopefully now Guatemala can focus on what is best for the children and come into compliance. It is easier for me to believe, maybe, because my son is home. I hope and pray that they do the right thing. I also hope that those in process now bring their babies home soon.
Linda
Posted by: linda at February 22, 2007 11:55 AMKevin, is this decision the result of an appeal of the August CC 2003 decision regarding Guatemala's accession to the Hague?
Lisa
Posted by: Lisa at February 22, 2007 11:58 AMI just hope that they keep the foster care system for the babies up for adoption in place, that seems to be my main concern besides this program existing in the future.....
I need to learn more....
Thanks Kevin......we are glad that we have someone that keeps us up-to-date on events in our child's birth country. Melodie
Posted by: Melodie at February 22, 2007 01:06 PMwhere was this reported?? is it posted anywhere?? what does this now mean to in process adoptions?? does it detail what "in process" is from the Guatemalan government point of view??
Pam
Posted by: Pam at February 22, 2007 01:09 PMSo is the Good Practices Protocol the legislation that they want to use instead of becoming Hague compliant? Or are the two not related at all. This is all just too confusing and wish someone would just tell us the bottom line.
Posted by: D at February 22, 2007 01:34 PMKevin,
Any comments on what is now posted on the state dept website seemingly discouraging US citizens from adopting from Guate. We have our two home, luckily but, like others, ache for those in process and even more so for those children who may never know a loving home.
Posted by: jenn at February 22, 2007 02:28 PMIs this perhaps why the US State Dept. issued an update to the status of Guatemalan intercountry adoptions on their website? They state that the US State Dept. is cautioning people interested in adopting from Guatemala right now to proceed with caution and be aware of all the troubles. Our case is already over a year in process and is such a mess that news like this really makes me think it'll never happen. I hope a decision is made by the Guat gov't and our own soon so that we can know one way or another how this will turn out.
Thank you, Kevin, for keeping us all informed,
Lisen
Posted by: Lisen at February 22, 2007 05:42 PMI hope that perspective parents are reading this and recognizing the absolutely necessary caution. It is clear that the system is changing. As the US implements the Hague in 2007, time is running short for Guatemalan adoptions--it is a matter of time under the Hague. And under the Hague, there are requirements for foster care homes (hogars) to be regulated. This is outcome of Guate readying itself for the Hague Convention--regardless of the Guate Supreme Court ruling. This ruling is a sign... The good news is that the US has indicated that adoptions in process will be honored, but eventually they will draw a line in the sand.
Posted by: karenms1 at February 22, 2007 07:33 PMThank you so much for your hard work. I check this site daily!
Lisen, are you a DPHIE?
It will soon be two years since I accepted my referral. I thought my case had been in PGN since January 2006. I have since learned that was not the case. It is not just one facilitator that has told lies and stalled cases. My case has had so many problems.I am now working with attorney#3 in Guatemala to bring this child home. The latest news makes me feel as if the past two years have been nothing but a roller coaster ride for my emotions. Updated pictures and medical reports do not mean much if this child never makes it out of Guatemala. What more can we do?
Posted by: Cathy at February 23, 2007 12:21 AMThe DOS statement was issued prior to the February 21 decision on overturning the 2003 Hague accession. Marie
Posted by: marie at February 23, 2007 05:44 AMI would love to be able answer all these questions but I'm afraid I don't have the answers.
There will likely be delays this weekend in getting info onto the site nad comments approved. I am at a trade show and can't get onto my computer so please understand.
Kevin
Guatadopt.com
Kevin,
I have been reading updated info.on the Hauge, and im not sure where i stand. My husband and I have been at this for over a year and we have had two referrals gone bad.Does that mean we are done for good??? Thanks, Kiley