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October 03, 2007

Ortega Law Passed

Guatadopt has just learned that the Ortega Law was approved by Congress today on its third reading. Before you panic, it appears as though next week congress will go through a detailed, point by point, reading of it where ammendments can be made. It is our understanding that among proposed ammendments are a gradnfather clause as well as a delayed implementation date.

I have a lot to write on this matter and willl try to do so tonight when my temper is lessened and I have an ice cold Gallo in my hand.

The ADA has explained the events of today on its website and can be found here: http://www.adaguatemala.org/English/news/

Updated Oct 3, 11:22 pm - click on more for some commentary from me and a call to action from Hannah Wallace, President of Focus on Adoption

Updated Oct 4: The Focus on Adoption petition is up to almost 25,000 signatures. Please get everyone you can to add their name: PETITION

mis hijos.JPG


I have so many thoughts in my head, yet the exact words don’t seem to come to mind. In part, I am in a state of shock. In part, I am angry. In part, I sadly understand.

I chose to do a rare thing here by posting a picture of my kids. I felt compelled to do so because ultimately this is not about geography, this is not about nationalism, this is not about politics, this is about children. And my kids, like the children of so many of you who will read this, are the face of intercountry adoption from Guatemala.

In reading my thoughts below, understand clearly that I do not support the Ortega Law. Moreso, I do not support the others like it that have brought an end to intercountry adoption in countries like El Salvador, Honduras, and Peru without any documented benefit to children and families. Maybe somehow Guatemala will break the mold and manage to implement a functioning system? While I’m not optimistic, I suppose anything is possible.

I respect the fact that each sovereign country can make its own decisions based on its constitution. We shall soon see what amendments are added to this bill and the form it ultimately takes. And as in 2003, we shall likely see a battle of constitutionality ensue. That’s okay, just as America has to solve its constitutional woes, so must Guatemala.

My main thought right now is really an attempt at being a voice of reason in regard to pipeline cases. I ask anyone reading this to glance at the picture of my beautiful children and realize that there are thousands of living children like them in need of families. And there are families wishing for nothing more than to provide that to those children.

There is no good that come from any suspension of in process cases. Not because of the waiting parents who may never raise a child. Not because of the money that has been injected into the Guatemalan economy. Not because it would be inconsistent with international law and The Hague. But because the victims will be the children

Even if children entered the system over some of the negative auspices often claimed, if their birthmothers relinquished them then they still need families.

It is without disrespect when I state that Guatemala is not prepared to take on responsibility for the care of these children. Building any system and infrastructure takes time. And it is a truth that there are not thousands of Guatemalan families looking to adopt these children.

So with that in mind I respectfully request the Guatemalan Congress to approve amendments to this bill to ensure these children are not penalized for all that has transpired in Guatemalan adoptions. I more forcefully and with an emotion that some might deem disrespect ask that the US Congress, the Department of State, and the Congressional Coalition on Adoption Institute work with the Guatemalan authorities to the same end.

Posted on behalf of Hannah Wallace:
The JCICS initiative called for actions next week. Next week is TOO LATE. Our information about the Ortega Law in Congress was incomplete and we believed that the Adoption Law would not be voted on before the run off on November 4. Now there are TWO THINGS which must be done immediately:

ALL adoptive families in process and their supporters must be notified to contact their congressional representatives on Thursday and Friday (by email, faxed letters and telephone calls) and ask them to urge the Department of State to assure that a grandfather clause is in place which allows every adoption to be completed under the law it started under.

At the same time, Senators and Congressional Reps should be aware that our Department of State has urged the Guatemalan Congress to pass an adoption law which offers no plan for (1) funding adequately (2) child care (3) services to pregnant women and vulnerable children and that the Guatemalan Congress will be discussing amendments on Tuesday Oct.9 -- the DOS should encourage - with the same energy with which they encouraged the passage of this law -- amendments which include a realistic funding plan, child care plan, and prenatal, natal and postnatal services as well as a realistic way for existing child care facilities to be able to care for the children in their care (funding).

Families should call and fax the Department of State directly to urge support for amendments which could make this law more functional, as well as advocate for a grandfather clause and a delayed date for the law taking effect, so that fewer children will be at risk.

Posted by Kevin at October 3, 2007 04:16 PM
Comments

Sounds like there might be an amendment added for transitional cases. My agency just got this from the JCICS:

Dear Colleagues,

Joint Council has confirmed that today October 3, 2007, the Guatemalan Congress passed Hague compliant legislation - bill #3217. The Guatemalan Congress is now reviewing the written text of the bill and may amend particular sections on Tuesday October 9 2007. It is our understanding that a grandfather clause has been drafted by the Children’s Committee and will be added to the bill as an amendment. Additional information is unavailable at this time including the effective date of 3217.

Joint Council will continue to update you as events develop.


Posted by: Amy at October 3, 2007 05:02 PM

Kevin,

I think you should make that TWO Gallos. You deserve them! Thank you to you and the entire Guatadopt team for the constant updates. You truly are THE place for information and news.

Posted by: Kris at October 3, 2007 05:05 PM

I just read the ADA link. Even as we pray for a solution that will allow children needing families to find the families who want them and will care for them, I have to say that the shrillness of the ADA Reports rings hollow. At the end of each of the posts there is a reference to the children needing homes. This is reflected in the websites of most of the American adoption agencies I have scanned even recently.

But the reality in Guatemala is that there are American families clamoring for Guatemalan babies. There are no Guatemalan birthmothers seeking out and begging Americans to take their babies.

Harris Whitbeck mentioned this very marketing ploy on his CNN blog...and anyone who wants to verify the validity of his observation need go no further than ADA.

Posted by: steve at October 3, 2007 06:48 PM

I just read the ADA link. Even as we pray for a solution that will allow children needing families to find the families who want them and will care for them, I have to say that the shrillness of the ADA Reports rings hollow. At the end of each of the posts there is a reference to the children needing homes. This is reflected in the websites of most of the American adoption agencies I have scanned even recently.

But the reality in Guatemala is that there are American families clamoring for Guatemalan babies. There are no Guatemalan birthmothers seeking out and begging Americans to take their babies.

Harris Whitbeck mentioned this very marketing ploy on his CNN blog...and anyone who wants to verify the validity of his observation need go no further than ADA.

Posted by: steve at October 3, 2007 06:48 PM

This just makes me sick; I know I may be naive, but I believe and pray that our voices will be heard and their will be a transition clause for those pending cases. BUT, what makes me more sick to my stomach is thinking of all those babies that may never find PAP with these new restrictions - I am thinking of my littel girl that I visited last week; she is 4 1/2 months old and we just entered PGN, but I am also thinking of all the other babies waiting for homes and what will become of them. When we were in Guat. last week CNN asked to film several of our babies for their special that is airing tonight. Most of us declined because we were not sure what type of spin the show would put on our children's fight, but I hope the show puts a positive spin on our adoption. I am quoting another lady that said "action with prayer" is our best bet at this point!

Praying for all the children and families........

Posted by: CLP at October 3, 2007 07:02 PM

Kevin, you are the best. Thank you for your honesty. We knew things were looking bleak, and we appreicate your candor. We look forward to more information and hope it is better news. Send me a Gallo too will ya?
Sincerely, Lisa
Guatemama to one here, and one in process (come on PGN get us home)

Posted by: Lisa at October 3, 2007 07:46 PM

Just trying to understand what that means to us who are in process.

Posted by: Lorna at October 3, 2007 08:13 PM

This is very scary. We just got back into PGN after a frustrating previo...are we in danger of not bringing our baby girl home?

Posted by: Lou at October 3, 2007 10:16 PM

Kevin, I just read your post on CNN and it was fabulous! I was so disappointed in their "reporting".
We too have a daughter in PGN and I fear for her quality of life if we can't bring her home.
Linda

Posted by: Linda at October 3, 2007 11:29 PM

To the in process families - at the moment, it is impossible to say what this means. As I understand it, the law as passed does not grandfather in-process cases. They would have to be completed under the new law. What that exactly means is to soon to call. I also at this point have no date it is supposed to be implemented.

There will be ammendments to the law that must be voted on. I had originally heard that would occur next week but now I am hearing it will be after the Nov. 4 presidential election. We will of course post when we know more. Among those ammendments is a grandfather clause that would allow in-process cases to be completed under the current law. I do not know how or if that ammendment defines "in process".

I wish we could do more to answer questions you have, but not much is clear right now. My heart goes out to everyone stuck in limbo. We had that same experience in 2003, and you can see from the picture above that it had the happiest of endings.

Peace,

Kevin
Guatadopt.com

Posted by: Kevin at October 3, 2007 11:44 PM

What a bittersweet day this has been. I wanted to share my good news about my process today, amidst all the chaos that is going on with Guatemalan adoptions these days. I recieved my PA today after less than two weeks after DNA approval. I was told that I should be entering PGN status with a couple of weeks, which is much much earlier than I anticipated. I was very surprised and excited. Although it's very hard to be too happy with good news these days. It "appears" that perhaps things are being moved along at a faster pace. I wanted to share this news in an effort to keep others informed of the latest timeframes and also to inject a little hope in all of our hearts, as I try to keep it in mine. It's bittersweet because although this news makes me happy, it's very very worrisome to think about what will happen to the future homeless children of Guatemala.

I am a new reader on this site - just started last during all the news. I spend most of my weekend reading and learning and writing letters and faxes. I am thankful for the information and the stories shared on this site. Thank you for making it available to all of us.

Posted by: SaL at October 3, 2007 11:48 PM

I keep reading that UNICEF wants to stop adoptions in Guatemala. Instead of using that money to stop adoptions why don't they use it to educate the people of Guatemala about birth control & give them access to it. I have read everywhere that they have no way of getting any form of birth control.

Posted by: Mindy at October 4, 2007 12:07 AM

"As I have stated since DOS made its original announcement, even the pessimistic, anti-authoritarian Kevin can’t imagine either the Guatemalan authorities or DOS officials sitting by and allowing so many children to suffer by suspending in-process adoptions."

Do you feel the same after today ?

I read all your posts. I know it is a tough call.

At this point..blank the rhetoric.
Will take your best guess.

Posted by: rylee at October 4, 2007 12:36 AM

To Steve: If you had visited Guatemala and seen the orphanages, the poverty, the children in the streets, you would think otherwise. There are problems with the system, and a few bad apples, but for the most part, it is good people finding homes for children that do not have one. If that is not the case, then why do agencies have waiting children without families, and orphanages full of faces waiting for someone to give them a stable home. Anywhere their is money there can be corruption, but that includes US adoptions, also done by attorneys and facilitators as well.
Sincerely,
Lisa

Posted by: Lisa at October 4, 2007 12:42 AM

Kevin,

One only needs to look into the eyes and see the smiles of your beautiful children to see that hope is alive and must live within each of us in the coming days and weeks. Let their eyes and smiles guide us to implore those in positions of power to do the right thing for the children. I will not let go of my daughter...not ever. I will fight until there is nothing left in me. But, if I am to lose that fight, please let me lose knowing she is well-cared for and happy within someone who sees the same hope and promise in her eyes, as I see in the eyes of your children. Bless them, and bless us all in this time of challenge. May it be the challenge that leads us all to true bliss. (I borrowed that word from Marie, but couldn't think of a more perfect word).
Kim

Posted by: Kimberly at October 4, 2007 12:47 AM

My selfish desire is that somehow there will also be an amendment allowing single people to adopt from Guatemala.

Posted by: Lu at October 4, 2007 01:44 AM

Our 4 y. son suffered a lengthy shutdown in 2003 when the Hague made it's first spproach on the Guatemala horizon.

It is first of all the prayers to our Heavenly Father and secondly the enabling graces of Susana L. and the ADA that challenged that giant, and be we small, but mighty, we won.

It seems now that the giant has grown in strength and power, which is why I submit that we call on the Name above all Names and ask for intervention, before we call on the abilities of mortal men. I know from whence my help comes from.

From a small mom headed down next week to foster a 1 y. daughter who is in PGN -- small mom, GREAT GOD.

Please join me Thursday and Friday to devote some prayer to the Heavenly throne, the highest court of all.

For we walk by Faith, not by sight.

Lori

Posted by: Lori at October 4, 2007 02:11 AM

Please correct me if I'm wrong, but I believe that there were cases that were allowed to be completed in 2003. I understand that cases even at the family court level were completed, with help from lawyers appeals. This is what I've heard, If anyone was in a case from 2003 and I'm wrong, please correct me, but this comes from a pretty good source who was only referring to their cases of course.

Posted by: Erik at October 4, 2007 05:50 AM

So what happens now? We wait a month to know? Is PGN still processing cases?

Posted by: tam at October 4, 2007 06:25 AM

Kevin and all,
I realize there was a snag back in 2003 and then everything worked out. But this time I fear it will be different. With the Ortega law and Hague, singles will no longer be allowed to adopt. What then will happen to my 2 little girls who are waiting for their mother to bring them home?!? Without the grandfathered clause I do not see anyway I can complete one or possibly both of my adoptions. where is the hope?!?!
Kim worried Guatamama

Posted by: Kim at October 4, 2007 06:42 AM

This is a nightmare. I am so afraid for all the PAP's and children. When I started the process to bring my child home, 27 months ago, I would have never dreamed it would come down to this. We have survived the scandal of dealing with Mary Bonn, agency closing and now this. I have watched my child grow through visits as often as I could afford. I have fallen head over heels with him, And now someone who doesn't even know my name or face is making the decision on whether or not I can bring him home. I would like to ask...How do I let him go? In my eyes, he is my son and has been for over two years. Who can ask that of someone? God bless us all!

Posted by: Gayle at October 4, 2007 07:31 AM

Kevin and the rest of the Guatadopt facilitators thank you very much for what you have been and are doing to inform us.

Posted by: Bradley at October 4, 2007 08:06 AM

We were caught in the 2003 shut down and yes, the children came home after much legal wrangling. This is a different situation as a law has now been passed and pending the outcome of the grandfather amendment, I do think marching on Washington should be considered. We should all continue bombarding the DOS, etc. but if the vote to grandfather the in process cases doesn't win, marching is the only thing (aside from prayer, which we have been on our knees for months in prayer) that I know for us to do. I will not stand by and watch the children that we were assigned carted off to some institution without a fight. Now is the time to be united and I personally feel it's more effective to take on one challenge at a time and for me that challenge is bringing our assigned children home. With regard to the future of Guatemalan adoption, that is a fight each person must decide how best to participate in. Finally to mem et al, I am so sorry to have "embarrassed" you by my comment that I was overwhelmed by all of this. You have no idea what humanitarian work my husband and I are involved in both here and overseas as you don't know me. I believe that each of us are entitled to our feelings and opinions without fear of ridicule. This site is supposed to be a forum for free expression, as long as we aren't attacking others. I entered into an adoption agreement and am longing to bring my children home - that is all I can fight for at the moment. I don't know what my husband and I will choose to do in the future regarding Guatemalan adoptions but I do know that now is the time to stick together and not turn on each other just because we may not agree on everything. My final concern is that during the 2003 challenge by UNICEF, everything shut down. Now that a law has been passed, does anyone know if cases will continue to be processed or will PGN think they don't have to anything now???

Posted by: contessa at October 4, 2007 09:27 AM

You need to call your representative in Congress and your two
Senators NOW!!! Let them know that DOS needs to show its support for
a "grandfathering amendment. I have been on the phone this morning
doing just that.

THIS IS IMPORTANT!!!

IF YOU ARE ENCOURAGING OTHERS TO CALL AS WELL, HAVE THEM STATE THEY
ARE CALLING ON YOUR BEHALF. I was told by the District Director for
my Congresswoman that if they receive numerous calls on an issue and
a constituents name is mentioned, it is noted and is more likely to
have action taken than if there is no person mentioned and merely the
cause (ex: I am calling about the situation regarding adoptions in
Guatemala. vs. I am calling about John Smith and the issue he is
having adopting a child form Guatemala.)

Have everyone you know call and mention your situation and
continually mention your name.

THIS IS YOUR TIME TO STEP UP TO THE PLATE AND GET SOMETHING DONE.
NOBODY IS GOING TO DO IT FOR YOU.

DO NOT LAY DOWN AND DIE, FIGHT FOR YOUR CHILD!!!

Posted by: Anthony at October 4, 2007 09:52 AM

Thank you Kevin, for your post, and for sharing the photo of your two beautiful, happy children. I am crying because my husband & I sadly had to decline a referral of a baby boy in Guatemala which came days before the ball dropped with the DOS & JCICS announcements. I have been hopeful that things would still work out in the new year with the possibility of some positive changes--but now with the passing of the Ortega law I fear that my dream of being a mom will never happen. Knowing that there are babies in need in Guatemala, and we are here, willing to give a child a loving home--and no way for the two to come together now--is almost too sad to bear.

I've signed petitions, written letters....now all I can do is pray....and cry.

Posted by: Rosie at October 4, 2007 10:04 AM

Erik,
You are right, there were cases that were allowed to be completed in 2003. The problem is that there was no rhyme or reason behind them. Children were coming home at a few months and others waited until their second birthday. There in lies the problem.
Cathy

Posted by: Cathy at October 4, 2007 10:35 AM

My husband and I are devistated. First we got a notice in the mail from the USCIS saying that our home study was deficient and then we read about the Ortega law being passed. All of our paperwork is in Guatemala waiting to be filed as soon as we get our 171-H but USCIS is dragging their feet. We are adopting a boy who needs urgent heart surgery in the US. The surgery can not be done in Guatemala and previous efforts to obtain a medical visa for him failed. If we can't get in the process to be grandfathered in, this child will die! My husband is so mad at the US government that he asked me how we could become Guatemala citizens :o). I can't believe the media is not covering this story either. I am just sick.

Posted by: Kristen Dreyer at October 4, 2007 11:14 AM

A comment above says "the reality in Guatemala is that there are American families clamoring for Guatemalan babies. There are no Guatemalan birthmothers seeking out and begging Americans to take their babies." I wonder if the commenter has lived in Guatemala? Has spent time with locals in the market? Has experienced the crushing poverty many here endure every day?

Because I have. For ten months I have been living in Guatemala fostering the child I pray will become my legal daughter (if in-process cases are allowed to complete). In that time, THREE different Guatemalan women have approached me on the street and begged me to take their child. They all said they wanted no money - just a chance for their baby to have a good life in America with loving parents.

I don't claim to understand all the factors that motivated these women to seek us out. But what I do know is the 5000+ adoptions in Guatemala each year are not simply a matter of demand driving supply. There are children in Guatemala in NEED of a loving family and a home. Just as there are families in the US in need of a child to love. The sad truth is, if Guatemalan adoptions become practically impossible, most US families will look elsewhere to adopt a child. It is the children in need of homes that will bear the brunt of this new legislation.

This is not a marketing ploy - these are children, without a family, without a home, with an uncertain future ahead of them.

Posted by: Cheri at October 4, 2007 11:30 AM

In regards to writing DOS, senators and etc-- shouldn't we also be asking them to stop processing new I-600A/I-171H. If not more and more people will be "in process". And shouldn't agencies have enough passion for clients not to offer referrals until we know what this law for hold for future adoptions?

Posted by: Laura at October 4, 2007 11:34 AM

Cheri is right...Steve above has no idea! My wife just returned from Antigua where mothers offered their children to her in the street.
Kevin and friends at this website are a huge help. THANKS
Everyone should remember that we must wait until next week to see if the grandfather clause is added. . .only then will we know if we can still get through.
Good luck to all.

Posted by: Andrey at October 4, 2007 11:52 AM

i second the comment by cheri-
these birth mothers give those children up out of the love they have for them so that they can live a better life and have dreams and opportunities otherwise not a reality. anyone who thinks otherwise needs to spend some time in guatemala
it is ultimatly these thousands of children that will suffer as if politicians don't get it together

Posted by: ingrid at October 4, 2007 11:56 AM

Well to answer my own question PGN is still working. We were just approved!!!!
Just thought I would share some good news. We were only in for two months no kick outs so maybe this means they will be clearing things before the Ortego law takes effect

Posted by: tam at October 4, 2007 12:01 PM

Kristen - I definitely feel your pain. I'm only writing to tell you that we had friends who also were in process adopting a boy that had a serious heart condition. Apparently, Guatemala has a very well respected cardiac surgery hospital - I cannot think of the name of it but I can find out - and if a child is classified as an orphan, their surgery/medical care is provided free of charge. You may already know this but just in case things don't go quickly for you, I do think there is hope that your child could have care/surgery in Guatemala and it would be good care, from what I'm told. Here's hoping and praying that in process cases are allowed to proceed.

Posted by: contessa at October 4, 2007 12:04 PM

Kevin, Thanks again, thanks for the pictures of your beautiful children, it was the right thing to do, to post it. It in some ways brings me some hope.

We found out yesterday that our birthmom for one of our girls has been missing since DNA on June 8th, and the social worker interview never took place. Does anyone, Susana? Anyone know if we could do an abandonement if they put in a grand-father clause or does a grand-father claus normally contain a time restraint? Abandonement cases are tough and can take a year or longer. We are so very sad. I feel like I can't even breath.~Melissa

Posted by: melissa at October 4, 2007 12:17 PM

We are living in Guatemala fostering our son and also have a daughter whom we adopted from here. This is very unsettling but with God all things are possible! Let us PRAY, PRAY, PRAY!

Posted by: Y. at October 4, 2007 12:23 PM

I forgot to add on my last note that we too feel that Steve has never seen the poverty and hopelessness in the lives of so many Guatemalan people! Children who have NO ONE! My husband is working with orphanages and there are just children, children, children and a lot of them without hope of EVER having a forever family! As I said before we are praying, Not my will but, Thine Lord!

Posted by: Y. at October 4, 2007 12:29 PM

I have a 3 year old daughter from Guatemala and just this week turned in my application to adopt another little girl. My adoption social worker called today to tell me the program is shutdown. I know there's hope... for couples...but here's the kicker...I'm single and I heard they may ban singles altogether with the new adoption laws.

Has anyone heard otherwise????

Posted by: Kim Krause at October 4, 2007 12:37 PM

I know there was additional CNN coverage this am/early pm. Anyone watch it? I tried to but had my 2.5 yr old China doll changing the channel...wondering if this coverage was better than last night or just a repeat? Been calling and emailing those Congressman. They says they staff assigned to the issue....let's keep up the good fight, positive thoughts and prayers!!!

Posted by: Janet J at October 4, 2007 12:40 PM

In response to Steve's comment "But the reality in Guatemala is that there are American families clamoring for Guatemalan babies. There are no Guatemalan birthmothers seeking out and begging Americans to take their babies."

I had the wonderful opportunity to meet one of my daughter's birthmothers, she is only a year older than my bio son (20 at the time) and she has HIV. She lives with her elderly mother, her father is deceased. She is unable to work because in Guatemala you must disclose if you have a disease before you will be hired and if you have HIV you are unemployable, there are no equal opportunity acts, no rights, no medical care. She did her best to try and raise our daughter until she was 7 months old but with no job and no medical care her future is fairly bleak. As I held her in my arms I asked her what she wanted her daughter to know about her as she grew up, her answer was simple "I love her so very much and I tried so hard to take care of her but now I want her to have a better life than she would have here." We cried together as she said goodbye to the daughter she truly loved. Oh and I forgot to mention, her mother was also with her and she thanked us over and over for loving her granddaughter and giving her the opportunities they had no way of providing.

We are now in the process of trying to bring home another little one who is 2 years old. I haven't had the opportunity to meet her birthmother in person yet, but I can say that she also tried for over a year to care for her child before finally relinquishing her.

I'm not blind to the fact that there is corruption, I saw it first hand during one of my many trips to Guatemala. There are some birthmothers who relinquish their children for the money. But there are also many, many women who for lack of education, social programs and the correct medical care find themselves unable to care for their children and hope to give those children a better life than they could get on the streets of Guatemala.

So back to Steve's oringal comment, you are right, we sought out a Guatemalan adoption however, you are very wrong if you think there aren't many Guatemalan women who desperately love their children and through their relinquishment that's thier way of seeking out a better life for their children.

Posted by: Joan at October 4, 2007 12:43 PM

Thank you Cheri for the comment about the women of Guatemala wanting a bright & happy future for their babies - I met my son's birth mother while in Guatemala & she said exactly that, she wanted my son to have more than she was able to give & she already had 2 children whom she could barely support or take care of - I love my son's birth mother like family, she is family & I send her updates on our son, I pray for her & her other children, she is heavy on my heart & I wish I could change her situation yet I am so thankful for the life that she chose to give my beautiful baby - I know that she struggles every day, she is such an amazing woman yet in such a hard place, I wish I could help her & the family more yet there is little I can do but perhaps bring her joy & peace in knowing that her 3rd born is loved, healthy & happy which she sees in our updates! Adoption is A BEAUTIFUL thing & I am proud to say that I followed God's lead & He brought my beautiful son to me, I praise Him & pray for the families of Guatemala daily!

Posted by: K&S at October 4, 2007 01:32 PM

Thank you Cheri for the comment about the women of Guatemala wanting a bright & happy future for their babies - I met my son's birth mother while in Guatemala & she said exactly that, she wanted my son to have more than she was able to give & she already had 2 children whom she could barely support or take care of - I love my son's birth mother like family, she is family & I send her updates on our son, I pray for her & her other children, she is heavy on my heart & I wish I could change her situation yet I am so thankful for the life that she chose to give my beautiful baby - I know that she struggles every day, she is such an amazing woman yet in such a hard place, I wish I could help her & the family more yet there is little I can do but perhaps bring her joy & peace in knowing that her 3rd born is loved, healthy & happy which she sees in our updates! Adoption is A BEAUTIFUL thing & I am proud to say that I followed God's lead & He brought my beautiful son to me, I praise Him & pray for the families of Guatemala daily!

Posted by: K&S at October 4, 2007 01:32 PM

We just received our PA in only one month & are in PGN as of today! Is anyone hearing that PGN is expediting cases? We just got back from Guatemala last week and continue to write to all of our senators & reps and also pray that we will be grandfathered to move forward & bring our beautiful daughter home!!

Posted by: Liz at October 4, 2007 01:38 PM

Kevin,
I have been searching all over the web for an english translated version of the Ortega amendment. I have read summaries of it, but I'd like to see a version of the actual bill if it is available.

My wife and I have friends in the state department, UNICEF and some influential relatives in Guatemala. It's easier to advocate amendments to a document that you know the details of.

Thanks,
Bob

Posted by: Bob at October 4, 2007 02:11 PM

My husband and I were also devistated when we heard the news of the adoption crisis in Guatemala. We recieved a referral for our beautiful son Dylan in January of this year. We visited our son in June of this year and bonded and fell in love with him instantly. Even before we had our visit with Dylan we fell in love with just his pictures. We were rejected our first attempt for PGN approval and our case was resubmitted August 21st. We were told by our adoption agency that it would take another 6-8 weeks or worse case 4 months. Also, a second DNA test was requested but has not been done. We also bonded with the foster mother (who was happy we were hispanic and could communicate with her) and are greatful Dylan is in a loving foster home. We have no children even after many attempts at infertility. We wanted to adopt to give a child a loving home and now all we can do is make our voice heard and pray that this grandfather clause be voted on next week.
Hopeful in Colorado

Posted by: Diane Chabiel at October 4, 2007 02:14 PM

Hi Kevin,
I spoke with Gerry Fuller today at the DOS. He said he is trying to get his hands on the latest version of The Ortega law. Do you have it or can you get it to him? Apparently he is having a lot of difficulty getting this even from his contacts in Guatemala. He is trying to decipher what provisions are present for in process cases. Thanks!

Posted by: Hanna at October 4, 2007 02:27 PM

With all due respect to Steve, regarding your October 3 posting in which you mention CNN correspondent Harris Whitbeck, I put little if any faith in the credibility of someone whose family has had such close ties to the Rios Montt regime. In fact, I refuse to watch or read ANY story by Whitbeck.

Posted by: Gregg at October 4, 2007 02:44 PM

Far be it from me to say you are not telling the truth, but I actually have lived in guatemala for 11 years, working with widows and orphans in all sectors.

I have to doubt that you understood what those women wanted from you who approached you on the streets of Antigua. My wife and I probably have 100 to 1000 times the presence as you on the streets of Antigua. Never once approached like that. Neither have friends, who would have immediately referred that needy mom to us.

I might have believed you if you had said it happened in another town off the beaten path, but not Antigua. The problem with very sincere people speaking here, is that because they hear what Susana Luarca says, and because they spend time in Gringotenango, they think they have a clear picture of what is happening.

I need to qualify: There ARE women who are in a crisis pregnancy, and need help, sometimes in the form of someone adopting their baby. And I am convinced that these women make up a portion of the birth mothers whose children make up the 5000 plus children who will become U.S. citizens this year. I have met women who were in that situation, and helped them make the choices, and get their children adopted. I am glad for everyone of those children and families. But that gladness is saddened because the system is rife with stories of coercion and corruption.

This is my "limited" statistic based on my limited, anecdotal evidence. For every one woman we met who was seeking someone to take their baby in adoption, we have dealt with 20 women who were approached at a clinic, or on the street, or more nefariously, and offered money for their baby.

What would it take for you to believe there is a need for reform? What percentage of cases that were proved to be baby stealing would make you agree that there is a problem? People say there is no proof, But I think we all acknowledge there is some corruption ( is that agreement based on proof, or common sense...for instance, the second DNA requirement was instituted because ... ?) I am frustrated that adoptions might stop. Salt in that wound is hearing people acknowledge corruption in general, but shout down any attempt to address it in a real way...leading after many years of this fight to a possible closing of adoptions.

Believe it or not, I am on the side of the American families who want to adopt. That is why I am so frustrated wiht those very folks who turn a blind eye to reality.

As for poverty and street children...unfortunately, those children in dire need are not helped by notarial adoptions. The people who return and help Guatemala as a response to their adoption experience are precious and priceless. They are the example of all that is good in the U.S. But the lack of real accountabilty by the adoption community towards agencies like Quivira has brought the state of affairs to now, where the Ortega law may well stop adoptions. Well intentioned people who do not understand Guatemala have given the bullets to the anti adoption forces, while thinking they were doing the opposite, or maybe just not caring baout anything beyond their one family.

So, what can we do positively now? Pray and lobby for the grandfather clause to be included at the very least.

Pray that all adoptions would not stop.

But if they do, let's divide up: Those seeking babies go to the next open country...those seeking to help babies contact us. We can refer you to a number of good organizations...well...Kevin knows who the good guys are in Guatemala. So lest it sound like I am advertising for one program...listen to Kevin.

Posted by: Steve at October 4, 2007 02:56 PM

Kristen,

The hospital that Contessa mentioned is UNICAR, if the child has a diagnosis, he has probably been there. Ask for Aldo Castaneda's opinion -- he is "retired", but still may help. Also, you may want to contact Children of the Americas based in KY. They have been successful in getting medical visas when others have not.

Posted by: Krystal at October 4, 2007 02:58 PM

Congratulations Tam,
Thanks for posting your good news. I know you and your family are so excited my daughter was right behind you so it gives us hope our call will be soon also. Also praying for all the children needing our help during this terrible turmoil. Grandmother Cindy

Posted by: Cindy at October 4, 2007 03:10 PM

The pediatric heart hospital in Guatemala is UNICAR. Physicians are Dr. Aldo Castaneda and Dr. Guillermo Gaitan. Both are highly recommended by US pediatric cardiologists. TO KRISTEN - why couldn't your little boy get out on a medical visa? We have a little girl that we are working on a medical visa for right now (heart surgery needed) and if we can predict problems upfront, maybe we can do something about them and get our little one out. Thanks!

Posted by: Robin at October 4, 2007 03:28 PM

Tam-
That is wonderful news for you; I hope you can travel soon.
What date were you submitted to PGN?
Thanks
Willie

Posted by: Willie at October 4, 2007 03:34 PM

All of this is very overwhelming, however I am a spiritual being and as such I am praying that we bring home our baby boy that we accepted. We aren't as far along as most of the others, but we look at his beautiful face everynight in the pictures we have, and pray we can bring him home. I pray that everyone have the answers that they want soon. I will keep fighting too until there isn't any fight left. Good luck and God Bless us all.

Posted by: Theresa at October 4, 2007 03:35 PM

No one I know of has a copy of what was actually or passed or what ammendments specifically will be voted on. Prensa Libre reported today about a grandfather clause and something to permit singles.

We have a tranlation of an older version of the Ortega Law posted here: http://www.guatadopt.com/archives/000287.html

For those who have asked - yes, I do believe in-process cases will be completed. That is my OPINION.

Kevin
Guatadopt.com

Kevin
Guatadopt.com

Posted by: Kevin at October 4, 2007 04:06 PM

My agency told me as for the date it would go into affect on Jan. 1, 2008. They also said children in process would not be able to continue either. They told me to call U.S. senators on Oct. 8,9,10. This needs to be done on these dates. Everyone needs to do this!!!!! We have to help these poor children!!!! Lisa B.

Posted by: Lisa at October 4, 2007 04:40 PM

Willie

We were submitted Aug 2

Posted by: tam at October 4, 2007 04:45 PM

Hi! I need to add this info. to my last post.1)call U.S. Senator, find # at www.senate gov. Ask to speak to Legislative Director. 2) call second u.s. senator 3) call representative to u.s.house of representatives at www.house.gov 4)call or fax department of stste's office of children's issues.# (202) 736-9130 (202) 736-9080 5) call Unicef headquarters, speak to Ann Veneman, Executive Director (212) 326-7000 or fax 212-326-7758 6) call or fax unicef Guatemala, speak to Manuel Manrique, 011-502-2327-6373. These calls need to be done 10/8, 10/9, 10/10. For maximum effect call within a 72 hour window. We can't let the children be left behind!!!! Everyone needs to call!! Thanks, Lisa

Posted by: Lisa at October 4, 2007 04:58 PM

I spoke to a friend at DOS, and the advice was that our "ask" (in political language) should be that Secretary Rice and Veneman talk ASAP (today or tomorrow) directly to each other about UNICEF's ongoing stubborness (re: not supporting in-process cases). Ms. Veneman needs to override her own staff, which remains opposed.

This is how I'm tailoring my letters to my congressional reps, going out first thing in the AM.

Posted by: In DC at October 4, 2007 05:06 PM

To Tam:
This is great news, I hope that you will be traveling soon. Can you please share with us the date that you entered PGN.

Trusting in Him,

Paul

Posted by: Paul C. at October 4, 2007 05:21 PM

Rosie,
Don't give up on your dream. Perhaps wait until the new year and see what really happens, perhaps try another country, perhaps try domestic adoption, but please, please do not give up on your dream of becomming a mom.

Been there, been desperate, so glad I had freinds encourage me not to give up.

There is a child out there somewhere that needs you for a mom, perhaps you just need to wait a bit more?

Peace,
Lizzie
Proud Mama to Anarosa
Anxiously waiting for Migdalia

Posted by: EB at October 4, 2007 05:21 PM

Steve,

You had quoted Harris Whitbeck as saying, "There are NO Guatemalan birthmoterhs seeking out and begging Americans to take their babies" (emphasis added). Then you said, "There are women who are in a crisis pregnancy...I have met women who were in that situation and helped them make the choices, and get their children adopted." It would be easier for me to understand where you are coming from if you would be more careful about contradicting yourself. What Mr. Whitbeck said doesn't make any sense at all. Further, my saying these things and the fact that I'm in the process of adopting doesn't mean I'm against reform. I just don't buy into black white thinking that says ALL guatemalan adoption attorneys are corrupt the same way that I don't buy into black white thinking that there are NO guatemalan women seeking out Americans to adopt their children.

Posted by: cheryl at October 4, 2007 05:21 PM

I know that there is probably not an answer for this question yet, but I'll ask anyway! Are cases that have been approved by PGN still considered "in-process?" My wife and I received our approval from PGN yesterday, and I'm hoping that we'll have time to complete our adoption!

Posted by: Jerry at October 4, 2007 05:24 PM

First, CONGRATULATIONS Tam, its good to have some good news today.

Second, I would love the contact information for Carmen Wennier, if any one has it.

and Lastly I have a suggestoin for Steve-

Please, find another venue. At least until the start of next year. I can not imagine how I would be handling these current events had they occured before my son came home. You are entitled to your opinion, but this place right now is a place for PAP's and firends to discuss very personal and emotional issues. With all the press and attention, and the constant refrain of "baby stealing" and corruption I ask you to ease off and give these folks a break. Start a blog or something but for now, please let these families have a place of support and understanding.

Posted by: Pat at October 4, 2007 06:45 PM

Robin and Contessa- My husband and I also tried to bring our daughter home prior to finalized adoption using a medical visa at the suggestion of her doctors in Guatemala. Unfortunately, we were denied and told that medical visas are not an option for children being adopted. That said, I do have information regarding the process of obtaining a medical visa which I will post here in hopes it may help: (1) Obtain diagnosis in Guatemala; (2) Take diagnosis to US physician/hospital and have them write letter that child needs treatment in US. They need to explain in detail how the treatment will be paid for. (3) Lawyer in Guatemala needs to obtain passport for baby; application is signed or thumbprinted by birthmother. (4) Lawyer/birthmother fill out application for B-1/B-2 visa and follow the regular procedure for Guatemalans seeking tourist visas to USA; (5) birthmother goes to Consulate to be interviewed, to make sure she understands what is happening; (6) she grants permission for child to be brought to USA by someone (prospective adoptive parents?); (7) medical visa is granted, child is brought to USA, receives medical treatment; (8) someone (prospective adoptive parents?) take child back to Guatemala; (9) it is unclear if PGN will approve case if it is clear to them that child is not in Guatemala; (10) adoption is finalized; (11) the rest is like any "normal" adoption.

Posted by: Janet at October 4, 2007 07:01 PM

Steve: Believe it or not, I am on the side of the American families who want to adopt.

I am happy to have you on our side. Of course, how exactly you are expressing your support by coming here after thousands of prospective parents have just learned potentially horrible news and claiming that the vast majority of our adoptions are corrupt is a mystery to me. Instead of advocating for productive change from the inside (after all, you have 100-1000 times the presence of us in country), you appear to be castigating adopting families and pouring the salt yourself.

The ADA may be shrill; it certainly seems somewhat counterproductive with its rhetoric to me. But using horrible poverty as a marketing ploy? Even if you accept that accusation at face value, is that so wrong? 270 Guatemalan women murdered this year...is that a better pitch?

Posted by: Lloyd at October 4, 2007 07:21 PM

The timing has been changed to today and tomorrow -- Not next week, that's too late, since the Guatemalan Congress is amending the Ortega Law on Tuesday, 10/9. Contact DOS and US Congress officials now.

Posted by: In DC at October 4, 2007 08:02 PM

Thanks Pat

Jerry

It is Guatemala that may not grandfather adoptions. The DOS always said it would. Once you are out of PGN you are done with the Guatemala side, at least as far as I understand it. My agency was not very clear on this.

Posted by: tam at October 4, 2007 08:08 PM

I'm in Guatemala right now holding my (hopefully) daughter. She is such a precious gift. One thing I noticed is HOW MUCH her foster mother loves her. It is so endearing and makes me feel so happy for my daughter. I will be "over the moon" happy if she gets to come home, but will feel so sad for those babies who will not have the opportunity to have foster families and live in orphanages instead. The Ortega Law makes me very sad for that reason. :(

Posted by: jlr at October 4, 2007 08:33 PM

Gregg: Many good evangelical Christians in Guatemala have the stigma of close association with Rios Montt.

Your refusal to read or listen, and the more recent comments are indicative of the problem. Talk about black and white, and polarizing tactics! This is inherently emotional. But there are parents reading this blog who wonder, and feel bad for wondering, about the anomolies they have seen wiht their own eyes while getting their baby.

I have been told to be quiet in many venues for years the very same reasons expressed by Lloyd and Pat and Cheryl. I might be venting my frustration as we watch the door close, but silencing the little boy did not clothe the emperor.

As for advocating for productive change from the inside: That is a very good idea...however, after trying to help that happen for years in Guatemala, I have come to the conclusion it is impossible while all that American money is present. The succession of tighter restrictions such as the first then second DNA tests show that continued reform in Guatemala cannot stop the corruption that is fueled by the fact that unscrupulous people know Americans will pay huge amounts of Money. While there are good people who want to do right, they are not the ones making the decisions in the adoption world in Guatemala.

I have said here before that I believe Adoption is a sacred union, a reflection of the most divine in us humans. It is a sad fact that large amounts of money attract People who will say things like that, but who corrupt that precious process in the name of lucre.

Unless more parents take a stand like Ellen Darcy in that CNN segment, this corruption will follow the Adoption world wherever it goes.

Posted by: steve at October 4, 2007 09:41 PM

Pat & Lloyd-

Please speak for yourself. I come to Guatadopt to learn EVERYTHING I can. I want to hear what Steve has to say because living in Guatemala for 11 years would give him more information that I have now. As an adoptive mom to 3 children (2 home, 1 in process), I want to hear from everyone that has information about this volatile subject. Steve's information is invaluable to me. The corruption is horrendous in Guatemala...NO ONE can deny that. I want to learn, I want to understand. This whole mess has motivated me to start searches on my children's birth moms. I want to know the truth...or at least take the painful steps to understand all sides of the issue. This focus on Guatemalan adoption is not a witch hunt.

Posted by: Trying to understand at October 4, 2007 09:56 PM

We are about to receive our referral next week. If we were to accept our referral early next week, we will be consider in-process? anybody knows? please your thoughts will be appreciated. Our dossier is in Guatemala ready and translated. Charo & Dave

Posted by: Charo at October 4, 2007 10:17 PM

Jerry,
from what I've read on the forum here, your case is still considered in process until you have the birth certificate. Congratulations on "out"!

Jodie
corynn's mom :)

Posted by: Jodie at October 4, 2007 10:45 PM

Congratualations to people with recent completion of PGN and who will be going on pick-up trips in a few weeks. If DOS would change their status and not let those cases complete at the US Embassy there would be a very VOCAL protest in Washington DC. To those waiting to finish PGN, keep the faith. Do all the things recommended by JCICS and pray.
Recent comments made in regards to finding birthmoms from Guatemalan adoptions is actually a very complex issue. One must understand that because of stigmas associated with issues like unwed pregnancy, racism, poverty and sexual assault there are sometimes very important reasons why women want and or need to have secrecy associated with adoption placements. If an adoptive parent begins searching, please be aware of these issues and sensitive to the needs of all involved. For instance if the birthmom needed secrecy due to an affair, making that known may endanger her life. Also be careful with how the information is handled. Any info related to our adopted children's lives becomes part of the child's history which he or she may want shared or not, now or in the future.
How I handle my children's life story will directly impact how they will see themselves. I intend my children will know one thing for certain, we will always honor the birthmoms for choosing life.
God hears the prayers of his people and he will "be a father to the fatherless, a defender of widows... God sets the lonely in families"-- Psalm 68. In process families you have continued support.

Posted by: supportingreform at October 4, 2007 11:17 PM

I wish people would stop trying to silence others. What is the point of this forum if not to gain information in all ways possible? From my understanding, it is not simply to be a salvo to some. Those who do not wish to read what is written by dissenting individuals can log onto another site. First the "bad guy" was karenm1, now Steve. I wish more people expressed, like them, what many of us think (despite the fact that we do not post our opinions as often as the rest).

Posted by: Stephen at October 4, 2007 11:20 PM

Dear Trying to Understand,

I have defended people's right to express themselves without being subjected to personal attacks based on their religion, race, nationality, political party, etc... I have said that our agreements/disagreements should be based on facts and logic. I can handle whatever Steve has to say. But I also think it is only fair that if he says something then people should be allowed to rebuttle his arguments. If you want to understand, then you should be willing to listen to all sides-Steve, Pat, Lloyd, etc... Besides, if you read what Pat and Lloyd had to say, they were extremely tactful.

Posted by: cheryl at October 5, 2007 01:48 AM

There are two issues at hand here, which to me, appear to be pretty different.
First and most urgently, we need to work to get all in-process adoptions completed. Then we can look at the best way to reform the system and remove any abuses. No one will benefit from these children who have no homes being tied up indefinitely in courts and orphanages.
While I have said all along that I'm sure there are some abuses in the system, I find some of this talk of baby stealing and coercion a bit degrading to the poor people of Guatemala. Poor people all over the world often choose to keep their children, even when adoption is an option. I do think a mother who reliquishes her child is responsible for that choice, even if there happens to be money involved. I am sure there are Guatemalan birth mothers who try to work the system. Why wouldn't they? There are plenty of birth moms in the U.S. who practically squeeze the adopting parents dry with demands that they pay their entire rent over the course of the pregnancy and what not. While $30K for an adoption is certainly a lot of money, by the time agencies, lawyers and foster mothers and doctor bills are paid, how much is really left over?
I was in Guatemala recently visiting my daughter and right outside the hotel was a Mayan woman selling trinkets to tourists who had a baby in a sling. She was clearly very poor and yet she was managing to keep this child -- right there in Zona 10 where she more than anyone else would have understood the possibility of adoption. Nobody requires that a poor woman give up her child!
I think we must assume that while adoption is a personal choice, those mothers who do relinquish their children do so out of love first and foremost.
More to the point, right now we all have to work on this most urgent issue of getting all the pipeline cases completed so young children like my two month old daughter who have no permanent homes in Guatemala, can get to the loving homes that are waiting for them.

Posted by: Andrea at October 5, 2007 02:37 AM

Thank you to everyone for their opinions and experience; I agree that we should respect one another and realize that, as is our normal day-to-day experience, not all of us will agree with everything anyone says.

One thing that puzzles me...and I suppose I am going to go out on a limb here…so many comments have been made about Americans spending money to "buy" Guatemalan children...well, we have a biological daughter and when we tried to have a second child we ran in to challenges so actually tried invetro, which, by the way, costs money so I guess we tried to "buy" our own bio-child. When invetro was not a success we re-evaluated why we wanted a child and realized it was not to have our lineage but rather to provide a loving home and family to allow a child to excel in the life they have before them thus we decided to adopt a child that was born of another but, due to their families circumstances, needed us as much as we wanted him/her. We researched various countries, including the US – oh, and in case some of you are not aware and/or naïve to reality, it costs MONEY to adopt a child regardless of where they were born – ultimately, through research with friends, family and our agency, we decided to move forward with a Guatemalan adoption.

Our philosophy is that every child is born with an open canvass and it is up to us as parents to provide them the resources to develop that canvass/their world to the best of their ability - through our love, understanding, faith, etc. We are not bad people and it saddens me to think that some of you on this site think of us PAPS as such…

I am praying for all of us, and primarily for the children (those of today and those of tomorrow), and appreciate all of you for doing the same.

Posted by: CEF at October 5, 2007 08:05 AM

Kevin -
Is there a way to confirm this statement? It was posted late last night by a woman in a yahoo guatemala adoption group what we belong to. She claims that her agency told her the following:
******************************
The National Newspaper
stated today that the Congresses' review of the Article by Article
work will NOT begin until after Election Day, which is scheduled for November 4. During the days leading up to this review by Congress, much work is being done by the attorneys, judges, PGN, etc. to assure that the children who are matched, will be able to complete their adoption under the old system. There is a strong fight happening in Guatemala already; one which is looking after the best interests of the child. The Hague Treaty calls for just this type of process. Families whose cases have been matched prior to the
Hague being completed, SHALL be processed under the existing system within their country and the country of origin of the child.

A strong cry must come from the United States government to the
government of Guatemala. Guatemala listens to the United States and wants to do what the right thing. Therefore, it is essential that every family who is willing, send the letters, contact their Congressmen/ Senators to assure the completion of the cases in process in Guatemala!

For your families that are already matched and accepted:

1. If they are out of PGN prior to the Berger Law going
into effect, they will be safe and completed routinely. PGN
triggers the final step under Guat law.

2. If a grandfather clause is approved with pressure from
the U.S. , all cases who have current I-171H's and whose process has been started in the courts, will be safe and completed routinely.
If the grandfather clause is NOT approved, then the government can
and probably will require that these children be handed over to them
for placement back with the birthfamily or placement with a
Guatemalan local adoptive family or if not placeable that way, then
they will be offered for international adoption (although some
experts in Guatemala are saying that this will not occur until the
child is over the age of 5). The chances of a currently assigned
adoptive family to be re-matched to the initial child they were
matched with, is slim to nothing.

Offices and families: please check for expiring fingerprints
and expiring I-600A's and get your families scheduled so that there
will not be a lapse in either of these. If there is a lapse, the
U.S. government can deny the grandfathering of this case.

Thanks

Jay

Posted by: Jay at October 5, 2007 08:16 AM

For those (like me) stuck in process, there are 2 other options that I do not know much about yet, but plan on doing more research. They are pretty crazy, but if they do halt adoptions as the worst case scenario, people may want to consider them.

One is having custody of the child for 2 years, then immigrating them to the US through I-130. http://www.uscis.gov/files/form/i-130.pdf
Obviously, you would have to live in Guatemala. The other option is becoming a legal resident of Guatemala, then adopting domestically. I am not clear on the US immigration laws on this, or if you must reside in Guat with your child for 2 years as well.

What I'm not clear on is whether you even go through PGN if you have legal custody (as a legal foster parent, given legal custodial rights from the birthmother).

If anyone has any info or input on this, I would greatly appreciate it.

Posted by: PearlsMama at October 5, 2007 08:49 AM

What is happening is not new. If we do not defend the children and try to make the process better while keeping adoption open this could be the future.

***********************************
http://www.unicef.org/romania/media_1919.html

Letter to Prime Minister regarding inter-country adoption
Mr. Adrian Nastase

Prime Minister

GOVERNMENT OF ROMANIA

Copy:

- Baroness Emma Nicholson of Winterbourne, MEP, Rapporteur for Romania

- Mr. Jonathan Scheele, Ambassador, Head of Delegation, Delegation of the European Commmission

- Ms. Elena Dumitru, Minister of Labor, Social Solidarity and Family

- Ms. Gabriela Coman, Secretary of State, National Authority for Child Protection and Adopti

February 6, 2004

Dear Prime Minister,

UNICEF has been carefully following the recent debate on the issue of inter-country adoption and wants to express its position and make suggestions for the Government and your counterparts, thus contributing to find adequate solutions to this very sensitive and compelling problem.

Your recent statements, deploring the mounting pressure on the government under the circumstances surrounding the moratorium, and expressing clearly that Romania is on its way to find national solutions to the phenomena of abandonment of children coincide perfectly with UNICEF’s standpoint on the issue. In our view, as stipulated by the proposed legislation package and the international conventions, inter-country adoption is to be considered as an exceptional measure and last resort within the alternative forms of child protection.

All over the world, UNICEF’s work is geared to the fullest possible implementation of the Convention on the Rights of the Child and is directed solely towards helping to ensure that conditions in each country and community are such that all children can receive appropriate care, in line with the provisions of that Convention and other relevant international standards.

In this context, UNICEF supports all efforts to:

- ensure that children can, wherever possible, remain in the care of their parents;

- prevent abandonment;

- secure placement with family members or others in the community if parental care is impossible for whatever reason;

- identify a permanent in-country, family-based care solution as quickly as possible;

- implement measures that preclude the need for recourse to institutional placements.

UNICEF recognises that the rights and best interests of some children may nonetheless best be served through inter-country adoption, in which case the pertinent international standards must be systematically and strictly applied on a case-by-case basis.

UNICEF has been deeply disturbed by the flagrant violation of these standards in and by many countries world-wide in recent years. Such have been the gravity and frequency of these violations that in many cases the countries concerned and/or the countries where their children were being adopted have had to suspend adoptions for the period necessary to take effective measures to prevent recurrence of illegal practices. Central and Eastern European countries have regrettably experienced such problems on a possibly unprecedented scale since “transition” began. In addition to Romania, no less than six other countries in the region – Albania, Belarus, Georgia, Moldova, Russia and Ukraine – have consequently had to resort to declaring moratoria on inter-country adoptions at certain junctures during this period.

When Romania itself was first obliged to impose a moratorium in July 1991, UNICEF was among those supporting the efforts of the competent Romanian Authorities to put in place legislation, structures and procedures that would ensure that adoption of Romanian children by foreigners took place in accordance with internationally-accepted norms. Regrettably, and for various reasons, serious abuses nonetheless continued.

The decision to suspend inter-country adoptions once more in 2001 was inevitable in the circumstances. UNICEF believes that the decision taken at that time to carry out a thorough reappraisal of the child protection legislative framework, including that pertaining to inter-country adoption, was undeniably necessary. As is the case for law reform in virtually all countries, the drafting, consultations, enactment and preparation for implementation of new and fundamental legislation is a lengthy process. In the light of experience, UNICEF also believes that the moratorium has to remain in effect for as long as that process takes.

The UNICEF position is fully in accordance with the recommendations of the UN Committee on the Rights of the Child, in its Concluding Observations issued in February 2003, which advised Romania to “expedite the adoption of the new law, ensure that sufficient human and other resources are made available for the effective implementation of the law, ensure that the cases of inter-country adoption still under consideration are dealt with in full accordance with the principles and provisions of the Convention on the Rights of the Child and the Hague Convention, and explore ways to encourage the national adoptions so that the recourse to inter-country adoption is a measure of last resort”.

UNICEF deplores the pressure brought to bear by some quarters which could considerably prejudice the basis and aims of the moratorium and of the legislative review. It believes that such pressure may not be consistent with respect for the provisions of the Convention on the Rights of the Child. In this regard, UNICEF notes that in recent years it has proved possible to effect significant improvements in the child protection system in Romania. The largest and most inappropriate institutions for children are progressively being closed, levels of child abandonment are decreasing, and appropriate forms of alternative care are being developed. UNICEF is among those supporting these efforts. Clearly, the number of children benefiting from such developments is immeasurably greater than that of children who, had the moratorium been lifted, might have been deemed available for adoption abroad. Indeed, it is UNICEF’s view that the need for recourse to inter-country adoption is now declining very rapidly, and that within two to three years, Romania should not have to envisage the adoption of its children abroad in all but the most exceptional cases. UNICEF believes that this is a goal towards which each and everyone should be working.

In this regard, therefore, UNICEF would respectfully suggest that Romania avoids legislating the imposition of an unqualified and definitive ban on any future adoption of a Romanian child abroad. European States generally leave open the possibility for inter-country adoption from their territory, recognising that there may be given circumstances – such as extended family members abroad – where the child’s best interests might be served by such a solution. Indeed, such adoptions do take place, albeit in extremely limited numbers, from and between these States. At the same time, they understandably place clear and often very severe restrictions on the kind of situation where inter-country adoption may be considered and, in particular, they ensure that full control is exerted by the competent authorities. UNICEF believes that such an approach is more consistent with the spirit and letter of the Convention on the Rights of the Child and the 1993 Hague Convention on Inter-country Adoption than total prohibition. UNICEF nonetheless fully agrees, of course, that an immediate stop has to be imposed on the spontaneous submission of dossiers by prospective adoptive parents from abroad, whether individually or via agencies, which is a major factor fuelling the pressure on Romania to allow significant numbers of its children to be adopted abroad.

UNICEF will continue to provide needed support to the Government of Romania, to ensure that the best interest of the child and the provisions of the CRC on inter-country adoption are fully respected. Inter-country adoption, as is well recognised, is intrinsically linked to the wider child protection/alternative care question. UNICEF has identified three timeframes in this regard:

- 2004, equivalent to the minimum period during which the moratorium is currently expected to apply;

- 2004-2007, assuming that Romania’s application to join the EU is on track;

- 2005-2009, Romania-UNICEF’s next programme period.

For 2004 specifically, UNICEF will strongly and clearly defend the justification for the moratorium. It will also contribute to monitoring, and to discussing with the National Authority for Child Protection and Adoption and any other appropriate Romanian or foreign authorities, recourse to inter-country adoption while the moratorium is in effect. It will provide support to ensure that the content of the proposed legislation will be well understood and internalized by the different stakeholders.

For 2004-2007, UNICEF will place major emphasis on supporting efforts to reduce recourse to abandonment, maintain/reintegrate children with their families, and provide valid in-country non-institutional forms of out-of-home care. It will also contribute to countering effective demand regarding the adoption of Romanian children abroad. The overall aim will be to ensure that, by end 2007, conditions are such that inter-country adoption from the country is very rarely required and that it is therefore no longer a “phenomenon” as such but a truly exceptional and individualised practice.

For 2005-2009, the strategic intent of UNICEF presence in Romania will be to support Romania in ensuring that all children and youth can grow up in a caring family or a family like environment and that their fundamental rights for survival, development, participation and protection are fully realized. The program will focus on policy development, in the areas of health and fight against HIV/AIDS, education and child protection. Many of the proposed interventions will aim at reducing the level of abandonment of children, fight against child trafficking, and ensure adequate care to vulnerable children, families and communities. Additional efforts will be provided to ensure a proper monitoring of the Convention on the Rights of the Child, and an appropriate response to the Committee on the Rights of the Child, for which UNICEF has expressed its interest in supporting the creation of an inter-ministerial body, to monitor the implementation of the Convention, in partnership with civil society organizations.

Reasserting my entire availability for meeting you, should you need any further discussion, I avail myself of this opportunity to renew to you, dear Prime Minister, the assurances of my highest consideration.
Pierre Poupard, UNICEF Representative

Posted by: mom at October 5, 2007 09:10 AM

http://www.state.gov/g/drl/rls/hrrpt/2006/78834.htm

The results from Unicefs great idea..

[excerpt... The government was committed to children's rights and welfare, but competing priorities, bureaucratic inefficiency, and poorly allocated resources prevented this commitment from being fulfilled in practice.


Public education was free and compulsory through the 10th grade or age 16. After the 10th grade, schools charged fees for books, which discouraged lower-income children, particularly Roma, from attending. The UN Children's Fund (UNICEF) reported that approximately 90 percent of primary school-age children attended school.


The highest level of education achieved by most children was secondary school, although Romani students had lower rates of attendance at all education levels (see section 5, Minorities).


A general health insurance plan covers all children until age 18 or graduation from secondary school. All schools have medical units which supply first aid and carry out vaccination campaigns. Boys and girls had equal access to medical care in schools. All medical costs for children are waived, and most drugs are provided at little or no cost. Of the 11,352 persons with HIV/AIDS, approximately 75 percent are children between the ages of 15 to 19 who were infected in the late 1980s and early 1990s through contaminated blood transfusions and other medical procedures.


Child abuse and neglect continued to be serious problems, and public awareness of the issue remained poor. Media reported several severe cases both in families and in child welfare institutions. Abuse observed within state institutions included children tied to cribs with bed sheets and prolonged incarceration for misbehavior. While the law protects children from abuse and neglect, the government has not established a mechanism to identify and treat abused and neglected children and their families. In 2004 police reported that 1,221 cases of abused and neglected children were registered, including 832 cases of rape, 284 cases of sexual intercourse with a minor, 114 cases of sexual perversion, and 101 cases of sexual corruption. Officials believed the number of unreported cases was much higher. At year's end there were 39 hotlines to receive and assess reports of child abuse and neglect and 22 specialized counseling services for centers for abused, neglected, and trafficked children. During the year hotline operators received approximately 5,400 calls reporting child abuse and neglect. During the year the government funded the creation of services for child victims of abuse and neglect as a national interest program; however, implementation was delayed due to the fact that no NGOs bid to provide services under this program.


The abandonment of children in maternity hospitals remained a problem with over 2,580 children left in hospitals by their parents during 2005. Between January and August 1,654 children were abandoned in hospitals.


The National Authority for the Protection of Children's Rights (ANPDC) in coordination with the Ministry of Health made some progress in discouraging child abandonment through prenatal counseling and training of hospital personnel. However, children's rights NGOs and local child welfare officials reported that these efforts were insufficient to resolve the continued high number of abandonment cases, resulting in many essentially healthy children being kept in hospitals because family reintegration or foster placement was unavailable. According to the Children's High Level Group study on the prevention of child abandonment, 60 percent of children abandoned by their parents were left in hospitals, while the remaining 40 percent were abandoned in other places, including on the street.


The 2005 child welfare law and its implementation continued to create confusion among entities responsible for child welfare and to prolong the time that a child spent in the child welfare system before being reunited with biological parents or being adopted. NGOs and child protection authorities continued to report that judges, police, and social workers generally lacked clear instructions from the central government, training, and the resources necessary to implement the legislation. As a result, thousands of children remained institutionalized or in foster care rather than reunited with biological families or legally approved for adoption when family reunification was not possible. There were credible reports of attempts to force family reunification for abandoned children in cases where biological family members explicitly stated they did not want the children or in which there was a high risk of child abuse or child labor.


There were many reports of abandoned children being forced to wait for several years in institutions or foster care while authorities searched for their biological parents to formalize their abandonment in court. The adoptions office announced that 1,136 children were adopted during 2005 and 1,067 were adopted through November. The government claimed there were only 883 children available for adoption in the country in December, and over 1,680 families that wanted to adopt children. However, the number of children available for adoption represented only a fraction of the estimated 9,000 children abandoned each year. These low figures were due to the state's non-recognition of the physical abandonment of children. There was no time limit on parents' absence from children for the children to be legally recognized as abandoned. Instead, government policy aimed to reintegrate children into biological families even years after physical abandonment. Many citizens wishing to adopt the children whom they already cared for as foster parents were forced to wait for the abandoning parents' statement of abandonment in court before the children could be declared legally adoptable. Many expressed fears that the foster children who had spent years in their care could be taken back by the biological parent or relatives and forced into begging on the street.


The public child welfare system tracked approximately 95,000 children. More than half of these lived with extended families or in foster care, and approximately 32,000 lived in public and private institutions. The government continued to build smaller, family-type residential units for children in need of protection, including children with disabilities. The number of children in institutions continued to drop, from 31,000 in 2005 to 27,000 during the year, while the foster care system expanded to care for 19,300 children during the year compared with 16,800 children in 2005. Abandoned children under two years of age were only allowed to be placed in foster care, not released for adoption, if reunification with biological parents failed. Roma children, who were disproportionately represented among abandoned children, continued to suffer racial discrimination and were rarely adopted by Romanian families. Child welfare authorities did not have a system for providing labor market information, skills training, or job placement services for older children in residential care, and there was a high probability that they would gravitate to the streets, where they would be vulnerable to sexual exploitation and crime.


The legal age of marriage is 18, but girls as young as 15 may marry in certain circumstances. Illegal child marriage was common within certain social groups, particularly the Roma. While there were limited statistics available on the extent of the problem, a recent UNDP survey found that 35 percent of Romani girls were married before reaching the age of 16. There were no government programs to address the problem of child marriages.


Trafficking in girls for the purpose of sexual exploitation was a problem (see section 5, Trafficking). There also were isolated cases of children involved in prostitution for survival without third-party involvement, and some instances of boys as victims of trafficking.


The country has a mechanism for the repatriation of unaccompanied Romanian children and for ensuring special measures for their protection. In 2005 approximately 3,250 children and their families benefited from protection and assistance in 12 transit centers in the country.


The national agency for employment is legally required to provide up to 75 percent of the median national salary to employers for hiring persons between 16 and 25 years who are at risk of social exclusion, a group that includes youth reintegrating into society after spending time in state-care facilities or prison; young parents; and other categories of at-risk youth. The law provides that youth leaving the state institutional system may receive state assistance for an additional two years, during which they receive skills training for independent living. However, fewer than 1,000 youth benefited directly from this program during the year.


During the year the NGO Mental Disability Rights International (MDRI) reported that doctors in some hospitals were still encouraging parents to give up children born with disabilities. The abandonment of children with disabilities decreased steadily in recent years, as specialized rehabilitation services for such children became slightly more available. There were approximately 75,000 children with disabilities, of which 12,000 were in state care. The MDRI report detailed the physical and mental disabling of abandoned children due to the conditions they were subjected to in state institutions. Several reports detailed the inhumane conditions children with physical and mental disabilities were subjected to in state institutions, including being bound, malnourished, and abused. In one instance, authorities sought to cover up repetitive sexual abuse within a state institution by denying those who revealed the problem further access to the institution. No attempt was made to separate the abuser from the abused until well after the issue appeared in the press.


Child labor was a problem (see sections 5, Trafficking, and 6.d.).


An official complete list of hazardous child labor activities still did not exist by year's end. A draft list was submitted by the National Steering Committee to the Ministry of Labor, Social Solidarity and Family, in February. At year's end, the Directorate for EU Integration was analyzing the document.


A National Statistics Institute survey released in 2003 on children's activities--the only nationwide survey to document the extent of child labor--found that between 40,000 and 80,000 children were involved in activities identified as the worst forms of child labor, including begging, drug dealing, stealing, prostitution, or were victims of child trafficking. Over 90 percent of these children were from rural areas. Street children, children in urban areas, and Romani children were the most vulnerable to labor and sexual exploitation.


While the government did not maintain official estimates on the number of homeless children living on the streets, police, social workers, and NGOs estimated that between 3,000 and 5,000 children lived on the streets, depending on the season.


During the year the government continued to administer six national programs for the protection of children's rights. The programs focused on closing large state-run institutions for children; developing services for children with disabilities; creating services for children victims of child abuse, neglect, and exploitation; implementing the national professional standards of child welfare services and monitoring children's rights; improving the foster care network; and creating and developing community social services to support family cohesion. NGOs implemented these programs with governmental funding from the national budget.............]

Posted by: mom at October 5, 2007 09:11 AM

Lizzie (EB),

Thank you so much for your kind words and encouragement, I really needed it. I have not yet given up on my dream of being a mom, but there have been so many obstacles/brick walls and there are days when I feel deflated. The day that the Ortega Law was passed was one of those days, as well as the day of the DOS announcement.

Thank you again.
Rosie

Posted by: Rosie at October 5, 2007 09:37 AM

I would also like to offer a little hope. We recieved our Pre approval on Tuesday of the silblings we are adopting after ONLY 10 DAYS!!!!!!
We believe this is a miracle as we have been praying for barriers to be broken, ONE down how many to go???
I believe barriers ARE be broken and we need to continue to pray hope and believe for that. We have 3 children in process and of course we would be devestated if we could not bring them home,(we are going for our 3rd visit trip on Wednesday) but we will still be devestated if we bring them home and others are still left behind b/c of this new deadline. We are praying for NO deadline of January 1, just a smooth transition into the Hague that MUST be put in place. The future children of Guatemala still need a home a mom and or a dad!

Posted by: margo engberg at October 5, 2007 10:14 AM

to supporting reform

I have to disagree with your first statement.

Many families are not aware that there are currently quite a few families who had their adoptions already completed this summer, and were expecting to pick up their children in September or October, and in fact aren't.

Why not? Because PGN is doing exactly what you stated in your first statement. PGN is appealing the adoption approvals. So, even though the adoption is completed already, and the family is anxious to bring their child home, they can't because PGN has found a new way to stall cases once again.

First, they stall them during the PGN process, then they stall them again after the approvals! This is angonizing to the families. I know as I am one of them.

Our cases were taken to a higher court, after PGN, for approvals instead of waiting for more silliness from PGN. Our cases went through the court system, our cases were reviewed and approved. We did our time. For some of us this was not a short process either. My case was in the higher court for 12 weeks after already being in PGN. This has been a lengthy court process.

I and other families were relieved to finally have our adoptions completed and approved by the higher court, only to to have that joy crushed by the news that PGN once again discovered a way to stall cases----after the adoption was completed!

So, keep making noise people! Don't think your case is safe from stalling just because you have your approval. Let your senators and representatives know that this is happening too. We never in a million years would've thought that our cases could be stalled after the adoption was approved and completed.

Were is the outcry and the march on Washington for families like mine? It seems like it is only us families that are going through it that are aware of it, that is why there is no outcry. I personally do not have the funds to fly to washington, or I'd already be there banging on the doors of the senators and reps. I must settle for phone calls and letters and faxes, and I must relay on other present, past and future "in process" families to help to be a voice for families like me.

All families, especially those in process, should learn about what is happening to us, as maybe your family will be next, and speak out.

What will be the next stall tactic to prevent children from coming home?

Lizzie
Proud single Mama to Anarosa
Anxiously waiting for Migdalia whose case was "approved" and completed in mid august.

Posted by: EB at October 5, 2007 10:30 AM

One aspect of this story that is rarely discussed is the political angle and from that standpoint the facts are clear and consice. Just last year, the US State Department was hinting that they would stop approving adoptions from Guatemala because Guatemala had not implemented the provisions of the Hague convention on international adoption. The State Department stated that once the US Congress approved the US signature to this treaty that they would stop all adoptions from non-Hague countries. My wife and I were very anxious about this as we were adopting our daughter from Guatemala last year. However, as is all too often the case, Congress got sidetracked and never approved the US signature.

Now, Guatemala is simply turning the tables on the US. For the last year, Guatemala has been slowly working to implement the provisions of the Hague. As others have mentioned, this includes elements of governmental oversight as well as opportunities for the birth mother to reconsider her decision. As of 1 Jan 08, they will be compliant with the Hague convention and are simply telling the US the same thing the US was telling them last year. The pending cessation of adoptions from Guatemala is not because of problems in Guatemala, but because Congress is more concerned about campaigning for the next election than they are about approving the Hague Convention treaty. If they would just do that, there would be no halt to adoptions from Guatemala, no need for a grandfather clause and no need for the emotional crisis that people are in.

Being on a path to parenthood is supposed to be the happiest time in your life……………

Posted by: Jay at October 5, 2007 10:33 AM

>>Please speak for yourself. I come to Guatadopt to learn EVERYTHING I can.

Great! If you reread I did not call for anyone's silence - I merely pointed out what I thought were some logical inconsistencies. I agree that if Steve actually did live in Guatemala for years, if he is a reasonably intelligent person, and if he is sincere, then we all have may have a great deal to learn. In order to determine whether an anonymous poster is all of those things, it is wise to engage in dialog. However, when the response is to decry attempts at censorship, credibility is lost.

Steve's argument appears to be that the system cannot be reformed while there is American money involved (and please excuse me if I have misinterpreted). And it seems that the real problem is the disparity between that money and the Guatemalan standard of living. And I can't see that disparity significantly changing in my lifetime (although I am not an economist). Therefore, it seems like the logical conclusion is no adoptions. Perhaps, Ortega or Hague is the "magic bullet" but what I have read doesn't appear to indicate that. But like you, I am always interested in additional information, as long as it is accurate and non-anecdotal.


Posted by: lloyd at October 5, 2007 10:50 AM

Kevin

I asked you to confirm the validity of the supposed statement from yesterday's national newspaper in Guatemala because it does contain a contradiction. The text as it was posted states two very
different things:

First - it says that families whose cases have been matched prior to the Hague being completed, SHALL be processed under the existing system within their country and the country of origin of the child.

Then - it says that if a grandfather clause is approved with pressure from the U.S. , all cases who have current I-171H's and whose process has been started in the courts, will be safe and completed routinely. For families that are already matched and accepted, if the grandfather clause is NOT approved the Guatemalan government can and probably will require that these children be handed over to them.

The first statement is clearly independent of a grandfather clause, the second one depends on it. I simply want to understand if the statement was actually made in the newspaper and which scenario is true. What I really want to understand is why is all the focus on a grandfather clause and trying to get a foreign government to change their law.....why is there no emphasis on the US Governmnt to approve the Hague signatures sooner than "on or around April 1, 2008"?

If the US would simply do this, there would be no adoption interruption from Guatemala.

Just my thoughts, thanks for all you do...hope you enjoyed the Gallo.

Jay

Posted by: Jay at October 5, 2007 10:51 AM

Anyone know if this announcement from USCIS is meaningful?

http://www.uscis.gov/files/pressrelease/HagueConv100407.pdf

I don't know if this is an expected bureaucratic step or something new?

Posted by: In DC at October 5, 2007 12:03 PM

Hi Lizzie,

You seem to know a lot about this process. Any thoughts on future single adoptions once new laws are established. I'm being told by my agency that singles will not be eligible for to adopt in Gautemala. As I mentioned in an earlier post, I have a three-year old little girl from Guatemala and was in the initial process of adopting a second. Fortunately, (I guess :() I just completed the application phase. I must say, I'm devastated with this recent development. There are not a lot of options for singles and I desperately would like a sibling for my little girl, preferably from Latin America.

Any thoughts, hope????

Kim

Posted by: Kim at October 5, 2007 01:12 PM

I want to thank Steve for his important comments, and I wish more people with his experience and perspective would speak up. We as adoptive parents or prospective adoptive parents of children in Guatemala cannot hide from these issues. Like Steve, I truly believe in adoption. My heart breaks for the parents now in process, and I want nothing more then to see in pipeline cases completed. But we cannot put our heads in the sand about the corruption that exists in this system.

I'll repeat what I posted on another board -
I hope and pray that I will discover that I was told the truth about my daughter's adoption, that in fact there was no fraud, coercion, or theft involved. But I am aware now more then ever that I need to be open to that possibility. I do not think shutting down adoptions from Guatemala makes sense, on so many different levels. I know how many perfectly legal and ethical adoptions there are. But I am also shattered by each story I hear about fraud, or when parents discover they were lied to. I'm shattered for the birth parents, the children, and the new parents. And I'm shattered for my daughter, and the stigmas she may face coming from such a system even if HER adoption is completely legit. Someday my daughter - all of our children - are going to ask the difficult questions. I hope I can give her the good answers she deserves, and part of that means listening to what people like Steve have to say and taking it seriously. The system DOES need to be changed - although I'm feeling cynical and don't know if there are any honest people in the world to do it well. . .

Posted by: Jillian at October 5, 2007 01:20 PM

CONTACT INFO:

several people have requested contact info, here is what I have and believe to be correct:

Ms Angelina Jolie
c/o Mr. Geyer Kosinski (her manager)
Media Talent Group
9200 Sunset Blvd. Suite 810
West Hollywood CA 90069
phone: 310 275 7900
fax:310 275 7910

Carmen de Wennier
Guatemala's Social Rights Director, featured in the Anderson Cooper CNN story:
cwennier@yahoo.com
phone 502 2 476 7381
fax: 502 2 476 7387

also featured in the CNN story were Steve and Shyrel Osborne who run a special needs orphanage
(called amor del nino)in Guatemala where some of the CQ babies were placed. They have a web site and a blog. The Oct 4 Blog has comments on the CNN story.

View the blog at:
Steve-amordelnino.blogspot.com

Posted by: connie at October 5, 2007 01:27 PM

A conversation needs to take place immediately between Secretary of State Condoleeza Rice and UNICEF Director Ann Veneman.

The Department of State, if it is sincere in wanting to help in-process families, needs to convince Veneman to override her staff on the grandfather clause. (The Guatemalans originally had a grandfather clause in the proposed law, but UNICEF "made" them take it out.)

Let's protect these 5,000 babies!

Posted by: Zoe's mom at October 5, 2007 01:41 PM

Hi Kim,
No, I don't really know that much, just read here a lot. I am so sorry that I have no answers for you. But, never give up your dream of parenting, and try to keep hope.
Peace,
Lizzie

Posted by: eb at October 5, 2007 01:54 PM

The CNN.com report-- Guatemala seeks to slow exodus of babies...
towards the end of the article, it says that the Guatemala Chief Prosecuters office has launched a criminal investigation into the 2 labs contracted to take DNA samples...Aren't the samples taken by US embassy doctors, and test run by US labs? Has anyone heard anything about this "investigation"?

Posted by: momto1 at October 5, 2007 06:40 PM

Hello, for those of you wondering if PGN is speeding up the process here's where we are at:

Nicholas in PGN on Aug 3, 2007(after 2 ko's-we've been in and out of PGN since Feb, 2007.)

Nicholas out of PGN (YEAH) on Oct 5, 2007

Natalie in PGN Aug 17, 2007
still waiting and praying for Natalie and all children...

Posted by: Teri at October 5, 2007 09:59 PM

Connie -
You Rock!! I just got off the phone with a staffer at JOlie's manager's office. Rather than brush me off, he intently listened to my three-minute story, then gave me his direct e-mail address and asked me to e-mail him. He even seemed to have some inkling and I suggested that others may have e-mailed and/or called the agency on this issue... all in the hopes of getting the message to Angelina Jolie regarding what is happening in Guatemala. Anyway, I just wanted to thank you Connie!

Cheers,
Beth

Posted by: Beth Bacheldor at October 5, 2007 10:54 PM

Lizzie,
My previous comment in relation to cases being completed in PGN was in relation to my personal experience. We received completion of our case in June and went for our US Embassy appt in July. We were in PGN for 6 months with 2 knock-outs. Based on my understanding when the case is completed in PGN, Guatemala has finished its governmental oversight of the adoption and the case then passes on to the US Embassy which is responsible for issuing the US visa. I have no personal knowledge of cases in which a court is asked to bypass PGN. When I went to pick up our daughter there were at least 30 other children receiving visa approvals that very day. I want to celebrate with others completing successful adoptions and support those in process. I think we all agree that children being in loving families is what we are all truly striving for. We think of the 3000 cases currently in process and the thousands more who will be affected in the coming year.

Posted by: supportingreform at October 5, 2007 11:49 PM

Supporting reform,
I am 100% agreement with you! I hope you don't think I was attacking you, I wasn't. I am just frustrated, because yes, after the approval the Guatemala end of things should be done and cases should pass on to the Embassy to get the immigration/DNA stuff ready for visa appointment.

I was just trying to raise awareness that although this is the way it should go, for my family and many others, it has taken a strange and different path that is causing us great saddness and worry.

We all believed that the first part of October we would be having our visa appointments, now we have no idea when we will be traveling.

I just wanted to help people be aware of the latest tactics of PGN and to include this in their letters to reps., etc. just like people are asking for help for the CQ families.

Our families that are held up in Appeals Court all consider our adoptions already completed! We all already have endured this process and had our court "approvals". We consider these children legally our children and now we are not allowed to continue with the visa process to bring them home due to the newest evil stall tactic of PGN.

I just wanted to raise awareness that if it can happen to us, perhaps it will happen more and more? We all need to speak up on this with pressure from the US reps, etc. so that this doesn't become the norm for all cases.

Peace,
Lizzie
Anxiously waiting for Migdalia
Proud Mama to Anarosa

Posted by: EB at October 6, 2007 12:53 PM

PGN Dates
I've heard that it takes 8 weeks in PGN lately but I don"t think that is in stone. Our agency said they had 3 cases come out of PGN this week that went in on July 20(11 weeks) and Tam just got out this week also and she went in on Aug.2(9weeks). My daughter has been in 8-9 weeks with no word or K/O, just waiting for the long awaited call.
Grandmother Cindy

Posted by: Cindy at October 6, 2007 01:53 PM

For more information regarding PGN, timelines, PA, Pink, first and second DNA's, contact informaiton for PGN and the USE and everything in between, go to the guatadopt.com forum for answers and insights.
Marie, Guatadopt.com

Posted by: marie at October 8, 2007 02:30 PM
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