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March 01, 2007

Protocolo Update - NO Immediate Shutdown

We've just gotten word that the Protocolo annoucement has been completed. The report says that there is NO immediate shutdown and that the protocolo will take some weeks to implement, especially because it has not been budgeted for. It is apparently an in-between phase until Guatemala can pass Hague compliant legilslation.

Yes, many questions still remain but I have no further answers at this point.

Stay tuned!

Posted by Kevin at March 1, 2007 03:17 PM
Comments

Thank you Kevin. These were the words I wanted to hear. No immediate shutdown! At least we can breath a little better, for a little while at least. Thank you for all you do!

Posted by: Virginie at March 1, 2007 03:25 PM

Thank you! Thank you! Thank you! Getting information as soon as it is available is priceless during this uncertain process. Thank you so much for all of the efforts.

Posted by: Anne at March 1, 2007 03:26 PM

THANK YOU KEVIN!!! I have been watching this website all day and just breathed a big sigh of (at least temporary) relief!

Posted by: Gina at March 1, 2007 03:28 PM

Oh Kevin, you are my absolute favorite person right now!!! I just exhaled for the first time in days. Thank you for keeping us posted. You all are wonderful!
Lee Anne

Posted by: Lee anne at March 1, 2007 03:32 PM

Praise God! So happy to hear that there is no immediate shut down!

Blessings,
gloria
mom to 5 Guatemalan blessings

Posted by: gloria at March 1, 2007 03:41 PM

Still a very scary time for all in process until we learn what this really means and if it will ever go into effect as announced..

Kevin - does this mean it is going to try and go in as an excutive order or just an announcement that still has to be voted on by congress or ??

thanks again for keeping us updated..

Pam

Posted by: pam at March 1, 2007 03:41 PM

So, what does "will take some weeks to implement" mean? Implement what? So, if we are weeks away from being OUT could we be shut down? I, for one, am not worried, per se, but am also not breathing any easier. ugh.
jd

Posted by: jd at March 1, 2007 03:43 PM

Thank you Kevin for keeping us

posted during these uncertain

times. I applaud you and your

whole team.

Posted by: Kathleen at March 1, 2007 03:45 PM

I know this is all the info we have for right now, but at this point I don't feel any relief. The wording of the announcement seems to imply that the Protocolo will go into effect in a matter of weeks, which doesn't seem like good news to anyone in process, regardless of how far in process they are. Am I reading it wrong?

Posted by: jennifer at March 1, 2007 03:48 PM

Thank you for the update. This is definitely great news for those nearing the end of their journey. However, for those of us early or in mid-process, this still sounds very scary...like it WILL be implemented in a matter of weeks. I hope when ADA responds they can shed some light on this. Thanks!!

Posted by: JenT at March 1, 2007 03:49 PM

Hey Kevin, yes the on the spot update is unreal, thank you! I have heard that those children "not in process" already will now be taken care of by gov't bodies. Can you find out what "not in process" means and as of what date? It sounds like the changes being made are steps toward being Hague compliant which means that they want to keep adoptions going. My thought is those who are contemplating a Guatemalan adoption should go for it (we all knew the risks going in)! If your child is there, he/she will come home with you!!!

Posted by: Petrina at March 1, 2007 03:49 PM

Thank you for the up to date.

Any more clarification as you receive it is of course much appreciated, esp. with the details.

I was worried like everyone else, but this announcement makes a lot of sense to me, so it seems that clear heads are prevailing.

My understanding is that the Protocolo in some version is NECESSARY in order for adoptions to continue.

We are also waiting on getting out of PGN soon, hopefully, so of course specifics about timelines are important.

It is hard to desire "change" when one is in the midst of the process, but of course reforms are needed. Just not to interrupt ethical in process cases, and that is what it seems is what going to happen.

Posted by: Diana at March 1, 2007 03:53 PM

I feel no relief on this either. I am a few weeks away from getting my refferal. still too many questions to feel better yet.

Posted by: becky at March 1, 2007 04:21 PM

Just the social studies teacher in me here--but the fact that this is an "in between" phase to "allow Guatemala to pass Hague-compliant legislation" means that the Guatemalan CONGRESS will be involved in that legislation--not just the viewpoint of Pres. Berger. From things I've read in the past, the Guatemalan Congress does NOT like many of the ideas in the Protocolo that made so little sense to us adoptive parents.

The fact that the Guatemalan Congress will be involved is very encouraging. This gives time for study of the issues, lobbying, etc as their legislative process probably has some similarities to ours.

I haven't spent hours and hours studying the Hague stuff, but I am hopeful the Guatemalan Congress is smart enough to find a way to pass Hague-compliant legislation without yanking the rug out from under the adoption process (they know it's in Guatemalan children's best interests not to do so, I daresay.)

Other positives are that the Guatemalan Congress has plenty of time to work on this, IF the US sticks to what it said as recently as last month: that the US will ratify Hague sometime this year, THEN, Guatemala must implement Hague compliant legislation, with a 3-month transition period, and all "in process" cases grandfathered in.

It sounds to me like Guatemala actually is trying to get a jump on getting Hague compliant. I am a newbie and no expert, but I am cautiously optimistic here. I think this will be different from the shutdown of 2003, because then Guatemala had just ratified the Hague treaty--US is doing so "sometime" this year.

We just accepted our referral in Jan, but even if we didn't have our referral, I would feel OK going ahead and adopting from Guate at this time.

Thank you, Kevin, for your tremendous dedication, time and effort in keeping us all informed on this site. Your work is immensely appreciated.

Wendy

Posted by: Wendy at March 1, 2007 04:25 PM

Another question I have is...was the protocol that was read today the SAME protocol that ADA posted in their 2/28 article? Is it possible that its been reworked?

Posted by: JenT at March 1, 2007 05:11 PM

Thanks so much for the update. I have been beside myself for the past few days. My paper work has been in Guatemala for 5 weeks and I am waiting for a referral. What if this passes in a few weeks? I know they are saying "grandfathered" but what does that mean for bringing a child home? Does all go as planned? Thanks!

Posted by: Terri at March 1, 2007 06:28 PM

I participated in the presentation of the Protocol. It was really vague and poor. It has some differences from the previous Protocol, but basically it is the same. At the presentation they never showed us the document, Dra. Roxana de Gonzalez only gave a general presentation (no specifics) so no one who attended knew what she was talking about. So you know nobody signed the protocol, so there is no one responsible to blame. I wish to remind you all that a Protocol is not superior to the Law, so we do not have to comply with it, we have the legal recourses.

Posted by: Miriam at March 1, 2007 07:14 PM

We are just beginning the process on our second adoption. One agency told us at end of last week to hold off on filing of 1-600A, then said early week, go...then Tuesday "hold it" again. Another agency said as long as I-600A is "in process" then we will be grandfathered in. I am hoping this means that once it is at Dept. and someone "rubberstamps" a date on it for review we will be "in the system." Any one have any idea? Ann

Posted by: Ann at March 1, 2007 07:34 PM

Ann,

That is true so far the US Hague implementation is concerned. The US has stated they will allow you to adopt as long as you I600A is in before the US implements the Hague. But is has no bearing on ahything that may be done by the Guatemalan government.

Kevin
Guatadopt.com

Posted by: Kevin at March 1, 2007 07:44 PM

Miriam since you attended the meeting did you get an inclination as to when they would be trying to implement the practices included within it? Was there any mention of cases being “grandfathered in”?

Posted by: Maggie at March 1, 2007 08:11 PM

Does anyone know where we would find the information once it is available? This is the only website I've seen any info on.

Posted by: Becky at March 1, 2007 09:00 PM

Kevin, thank you for keeping us updated. Since I didn't see an answer from you to the question of what you meant by the protocolo will take a few weeks to be implemented, then I assume you don't know just yet. It sounds like our only hope is that the Guatemala Congress will hold up the enforcement of the Protocolo for as long as possible. It would be nice if they worked as slow as the US Congress (maybe we'll be lucky). Any additional information you may have will be appreciated. Thanks again.

Posted by: Margaret at March 1, 2007 09:22 PM

Maggie, there was no indication as when they would implement the practices. I really think they do not know it themselves. There was no mention of any cases being granfathered in, in fact they didn't talk about any particular case.

Posted by: Miriam at March 1, 2007 09:35 PM

Kevin,

Thanks for keeping us up todate. I urge strongly, as I have done, that each of you contact your senator for a meeting to take action against the state department and also to begin some comprehensive legislation to limit the abuse of funds. We are proposing that congress make all funds be escrowed in U.S. depository accounts until the State Department is satisfied with the legitimacy of the adoption. By interrupting but not cutting off the cash flow, you will take away much of the "easy money" that the unscrupulous few are capitalizing on.

Sen. Levin of Michigan and Berry of Idaho are the most active in adoption.

I believe in life the truth always lies somewhere in the middle. The State Department does have a responsiblity to safeguard the US from illegal trafficing, but to white wash the entire adoption system as broken is also unfair and inaccurate.

Posted by: Robert at March 1, 2007 09:40 PM

Does anyone know that if and when the suspensions occur, how long would it be for? Would Congress allow it? I worry because it was allowed when suspensions occured a few years ago.

Posted by: Rebecca at March 1, 2007 10:03 PM

Kevin, thank you as always for keeping us all updated!

Miriam, thanks for posting the information about the actual meeting. I hope that adoptions will continue!
P.S. Did you live in New Jersey when you were a teenager? If so, I think we met you when we were on our pickup trip in January!

Sheila

Posted by: Sheila at March 1, 2007 10:12 PM

I'm completely new here as of yesterday, and I was wondering if the comment about grandfathering not being mentioned was anything to worry about. Do those of you who know, namely Miriam, think this is menacing or neutral or positive for families like me who have I171H, POA, and dossier in country as well as a referral? We received our referral in January. I am completely new to all of the politics involved, but I am learning a lot here. Thank you for the information. I guess I would sleep better if I knew that it wasn't bad that grandfathering wasn't mentioned. We're already paying for our daughter's foster care, etc. I would feel better if I knew there was some reason to believe that we would be ok. Thank you all for your knowledge and willingness to share it with others. You are a blessing.

Crista

Posted by: Crista at March 2, 2007 01:11 AM

Once again more information that is pretty unuseful to make a decision at our point in the game.

Our referral came and was not
accepted once we heard about the Feb protocol meeting. So it was postponed and we were going to go ahead until the state dept announcement. Now we have the protocol back but not affecting immediate adoptions.

Which leaves the future uncertain.
We cannot go with another country either.

Does anyone know if the worst happens can we all claim this as a loss on our taxes?

Posted by: Tammy at March 2, 2007 06:35 AM

Okay for anyone interested I answered my own question. After an hour on the phone with the IRS I found out that no adoption expenses can be taken towards the adoption tax credit on foreign adoptions until the adoption is final

And losing money on an adoption that fails is not considered a casualty loss.

So if the protocol is enacted there is not even any financial relief to be had.

Maybe this is something to bring up to senators, celebrities or whoever else is being contacted

Posted by: Tammy at March 2, 2007 08:53 AM

Hello,

I just came across your website....my husband & I have a ph. seminar in an hr. & we had planned on sending our application for adoption in Guatemala on Monday. Do you have any advice for us? I'm tempted to wait a few weeks. Any advice would be GREATLY apperciated.

Thank you,
Kim

Posted by: Kim Garner at March 3, 2007 09:05 AM

Hello,
My husband and I are a few weeks from turning in our dossier and getting a referral.
We were told by our agency to wait a couple of weeks until the dust settles.
Any advice? We very much want to continue with the process but are afraid at the same time.
What do you think?
Thanks

Posted by: Tanya at March 3, 2007 11:12 AM

We are about a week away from submitting our dossier and we are not waiting. Did your agency explain why it would be beneficial to wait?

Posted by: SMS at March 3, 2007 12:46 PM

We were told to wait because of the uncertainty that adoptions could continue without major disruptions. They said they're taking a cautious stand on the whole situation.
Hopefully we'll know more in a couple of weeks. We do plan to proceed if there wont be any suspensions.

Posted by: Tanya at March 3, 2007 02:18 PM

We also just received this week our I-171H approval so I hope this means something good

Posted by: Tanya at March 3, 2007 02:20 PM

What should we do we are waiting for our 171H before choosing a referral. Our agency said things are ok in GC to go ahead as planned. IF and when we get the referral in a few weeks do you think we can still look at the 5-6 months est. timeline in the adoption?
Any information would be helpful.
I am trying to keep a positive look at things and trying not to read a lot on the forums with people that have agencies that are not being very informative.
Thanks Tina

Posted by: Tina at March 5, 2007 01:10 AM

Tina,
We adopted our daugher when she was a week old, she is now 18 months old. Chances of 5-6 month est. might be slim. But anything is possible

Posted by: Jen at March 5, 2007 12:02 PM

Thanks for all the information. We lost our first referral after 9 months in process because the birthmother disappeared. We took our second referal in Dec and we are on the road again. Does anyone know that if the in process is allowed and you have to renew your I171H because of time restraints will it still be allowed to go through.

Posted by: Steve at March 5, 2007 05:29 PM

First, I want to thank Kevin and others who make this website possible. It is a great source of information and help. But, I wanted to post a comment about some of the letters to Pres. Bush. Several of the letters urge Pres. Bush to continue "in process" adoptions and are written in such a way that say "To hell with those adoptions that might happen in the future. Just help those of us lucky enough to have gotten a referral already." How cruel can people be. We ALL are trying to become parents of a precious Guatemalan child. We ALL have our hearts at stake here. I really hate for Pres. Bush to read the first few letters and get it planted in his mind that his objective is only to help those "already in process." Although that helps the lucky in-process folks, it ultimately would end up slighting not only desperate parents-to-be just beginning the process but also thousands of unborn Guatemalan children.

Posted by: Holly Jackson at March 6, 2007 08:55 AM

Holly,
We too are at the beginning awaiting a referral. I have to agree with you I hope President Bush will be able to help those of us who are still in the beginning stages and are yet to start.

My sincerest hopes too for the people that are already in process.

Posted by: Tanya at March 6, 2007 09:20 AM

I agree Holly...I sort of re-worded my letter when I sent it off to the white house to include future adoptions as well (I'm at the beginning stages too)...

Posted by: JenT at March 6, 2007 11:00 AM

Tina,

We are at the dossier stage of the process and our agency is saying an average of an 8 month wait. This is a change from their 6 month wait. While 8 months sounds good to me, I think it is a guess at best at this point.

Lilian

Posted by: Lilian at March 8, 2007 08:42 PM

Lilian,
What do you mean by 8 month wait? Do you mean for completion?
Did your agency submit your dossier recently?

Posted by: Tanya at March 8, 2007 10:07 PM

Thank you Holly for putting into words what I tought I was being too sensitive to say. I am waiting for our 171 approval before I can submit our Dossier. I have done everything thing else we possibly can do and have invested a lot of not only time and money, but hopes and dreams in our adoption already. It would break my heart just much as it would someone who already has their referral.

Posted by: Becky at March 9, 2007 09:36 AM
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