The ADA has added a new and very interesting post to their website. You can find it here.
I want to shed some light on one aspect that Susana mentions in it. A few weeks ago, UNICEF held a conference in Antigua and invited memebrs of the Guatemalan Congress. The "conference" was to promote the Ortega Law Proposal (which you can get info on via the search option on Guatadopt). At this conference, a representative of the US government (from the DOS I believe) gave some sort of endorsement of the law.
This move took many in the adoption community by surprise since it seemed to contradict the communications that had been going on between the adoption community (Guatemalan and US) and the US government. Guatadopt has not posted this because (a) we have not seen any indication that the Guatemalan Congress will pass the bill (b) we were waiting to see any response from the formal entities in the adoption community.
What does this mean?
Based on the DOS FAQ, other statements, current actions being taken by DOS/CIS, and this Ortega endorsement it seems clear to me that the "official" US policy toward adoptions from Guatemala has become one of essentially ending the system. While laws like Ortega look reasonable on the surface, they have proven quite the contrary. Countries like El Salvador, Honduras, and others have implemented this sort of cookie cutter legislation and we can see what impact it has had on the rights of children to grow up in a family - domestically or abroad.
We do not know exactly what the investigations into Mary Bonn and others have uncovered. And we can certainly appreciate the fact that the government can't reveal the findings of an ongoing investigation until it is completed. I believe it is safe to assume they have found evidence of unethical activities that in my opinion could have been largely prevented had government officials taken a more proactive approach before now. But those things should not be used to penalize innocent children and families. Those things should be used to immediately ban any unethical adoption service providers and throw the book at them criminally. If a few people had been arrested a while back, it would have set a precedent that the US was serious about laws being followed.
I hereby officially (for whatever that is worth) call upon DOS and DHS CIS to be more forthcoming and transparent with where they stand on Guatemalan adoptions.
1.) The ominous statements and generality of "Guatemala must become Hague Compliant" are not enough. Hague compliance is not black and white. So make our position clear. This is about innocent children and US taxpayers -not politics.
2.) Make it clearer what families in process or considering starting an adoption now face. I know you can't give an exact timeline but I believe you could give more insight than the DOS FAQ to help prospective adoptive families make informed decisions
3.) Communicate with the families who made poor choices on who they hired as adoption service providers. It is not their fault that they may have hired an agency connected to someone who will likely end up behind bars. If you need to investigate, let the families know what they are up against. Adoptive parents want to know their adoptions were clean. You can communicate openly without jeopardizing any investigations.
4.) If there is any sort of an agency hit list, then officially ban those agencies. Lord knows there are a few who should not be allowed to operate. Don't penalize their current clients and don't allow them to take on any more clients.
Okay, so this started out as a post informing people about what ADA had posted and turned into something more. Needless to say, all Guatadopt is asking for is honesty from our government whose salaries we pay and rational adoption policy that ensures ethical adoptions without detrimental effects to children.
Paz!
Posted by Kevin at April 17, 2007 09:43 AMthank you Kevin, for sharing this. I have to say that I agree with your perception that the US/DOS 'hope' is to see the end of the notarial adoption system; this has been my perception for quite some time. Mary Bonn may be the visible tip of the 'alleged improprieties' iceberg, and she may end up as the "fall guy", but she is by no means the only adoption service provider who may engage in 'shady' practices in Guatemalan adoptions. The DOS/DHS knows this better than anyone - and has for many years! I myself think they are using the US Hague implementation as an excuse to encourage the Guatemalan government to close down a system that the US government regards as "beyond redemption". Yes, the ADA will fight any unconstitutional law - but who is to say that the Guatemalan government's reaction to that won't be to scrap the current (1983) constitution and adopt a new one? Sadly, I have no solutions, only comments...
just my considered opinion,
Lisa
Posted by: Lisa at April 17, 2007 11:45 AMI find the statements and comments by DOS very confusing and conflicting. I just wish they were more consise and clear about things, so families can make educated decisions. The children and their future are the most concerning to me. What will become of the children left behind?
Regards
Gloria
mom to 5 Guatemalan blessings
Kevin,
Thanks for your incredible work and for your thorough thinking.
Is it time for us to write our representatives again? If so, Kevin, I'd really appreciate recommendations from you on what to say to them. Would you recommend that we send our government officials the 4 points that you listed above?
I must admit, I'm very disappointed in our government. If they really thought it was that bad, they should have let us known. But also, I suspect that their analysis of the situation is flawed.
Thanks in advance, Cheryl
Posted by: cheryl at April 17, 2007 09:45 PMKevin, I think you're right. The question is what do we do? How do we get the necessary information to the decision makers or those in power?
Your post was excellent, but you are "preaching to the choir" here. :0) I for one completely agree with you, but what do we *do* to protect our children?
Thanks for your hard work of keeping us informed and aware. As soon as my bank balance is positive again (just paid courier and cert/auth fees for a 20 page dossier) I will donate to support the work of Guatadopt.
Wendy
Posted by: Wendy Faircloth at April 17, 2007 10:59 PMThanks for keeping us updated and providing your insightful opinion. I rely on this site daily for information. I am simply scared to death of what the future holds. Every week there is something "new" to report- that appears to be bringing us closer to a MAJOR change. We've been in PGN since November and feel like I am walking around holding my breath. This is all so unfair, on so many levels, to not know what the future holds, especially to those of us this far along in the process. It would be beyond devastating if anything were to occur that prevented us from bringing our baby home to the United States. He will be a year old next month, which is hard enough to believe. I pray every free second I get that this will end a happy story.
Posted by: sharon at April 18, 2007 10:16 AMThanks for the info Kevin. Even if it's difficult to face, the more info we have, the better parents and advocates we become. For those who are wondering what to do next... I believe we should always communicate w/ our elected officials but I also think we should turn up the heat on our agencies. We PAY them to facilitate this process! They are in the best position to affect change in our cases. Ethical adoptions are the #1 way to discredit those who raise objections. And, when pressing your agency, if you learn they are not in fact doing a good job, that's info you need. I have put my agency on notice that I'm highly dissatisfied. It's too early to tell if things will improve, but they are scrambling a little now.
I love Susana'a writing voice. A great balance between heart and head. There's no doubt in my mind that she can and will lead the fight for the children. For skeptics like Kathy, please know that my son was born at the home of his biological family. I'm quite sure the biological family knew about this and any number of people could have stepped up to parent him, but by miracle, I am this baby's mom. He will always be Guatemalan and a US citizen and I will cherish this opportunity to parent, just as I cherish the opportunity to raise my biological son.
Posted by: lauren b at April 18, 2007 10:47 AMIt is time to be really honest about the future--please advise everyone not to initiate any new adoptions with Guatemala. NO matter what challenges are filed, the Hague Convention is going to shut it all down by the end of 07 or early 08.
Posted by: karenms1 at April 18, 2007 07:49 PMKevin, what is the liklihood they will no longer allow singles to adopt from Guatemala? This is a very upsetting thought to me who hopes to adopt again in the future.
Posted by: Deborah DuRoss at April 18, 2007 10:07 PMI know that what my agency has told me about lines starting the night before - and what the U.S. embassy in GC says - are two very different things. I wonder how much the DOS policy is shaped by the Embassy in GC being tired of processing adoptions...
Posted by: art at April 18, 2007 10:55 PM