Bravo, at last someone with common sense.

What a wonderful editorial. Thank you Professor Bartholet for putting into words what many of us are feeling.

all i can say is WOW.. it is SOOO great to finally see an article that is truly in the best interest of the children and stating what this is doign to them.. i only hope more articles will come out like this both in the US and in Guatemala. it is the children that are going to suffer from these reforms if Guatemala follow like the other countries UNICEF has "touched".

though we have only had him home 5 wks, lately i have been giving my Son extra hugs and thanking my lucky stars i have him home safe.. I hope every day for the families that are still in process and that they are allowed to complete their adoptions with out any further road blocks being put up.. i also feel for the the child that have yet to be matched.. they too are the victims of this horrible political football that international adoption has become in Guatemala..

lets hope that congress will at least pass the grand fathering clause/admendment..

has it yet been figured out how many admendments have to pass to make the law be redone?? i had heard if a certain percent of the law changes because of admendments it would have to be "re-read". which i thought meant it will be come basically void and have to be voted on again as a new bill/law with all the passed admendments roled into the new one..

Pam

I wish that more people would see things the way Prof. Bartholet sees things in Guatemala. It gives me hope that maybe they are hearing our voices.

Finally someone's speaks the truth! It's too sad to comprehend the future that lies before the children of Guatemala and actually the future of the whole country. Even though I have no reason to be hopeful, I hope and pray that somehow changes will actually change for the better.

Marvelous. Finally, some sanity.

I e-mailed a "thank you" to Professor Bartholet. I hope we hear more from people like her and that the "powers that be" will listen.

The amendments to the Ortega Law are only the first step. We have got to hold UNICEF and the Guatemalan government accountable for the future children that will be in their "care."

I saw the article this morning and was so excited to see an article with such common sense.

Thank you, Kevin, for posting the link.

Yes, it’s good to finally see a pro-adoption editorial in a national publication, especially after the awful bashing we PAPs (and waiting parents) have taken from the press of late. As I read the editorial on Sunday morning, my brown-skinned toddler sat in my lap, drinking milk and sharing some Cheerios with me. I marveled over how well we’ve all adjusted and how much we’ve bonded since coming home from Guatemala. The author makes a number of excellent points about the merits of adoption at an early age, and I wholeheartedly agree.

I do, however, find it curiously naïve of Ms. Bartholet to write of the alleged payments to induce birth parents to surrender their children, and then state, “the right response to such abuses is stepped-up enforcement of the overlapping laws prohibiting such payments”. Corruption is an endemic problem in Guatemala, entrenched in every branch and at every level of government. I contend that real reform would have already taken place in Guatemala years ago were it not for the huge sums of money changing hands. One can’t help but think that there are elements within Guatemala that are salivating at this very moment over the prospect of the many millions of dollars being promised by UNICEF. How much of that money will ever reach its intended recipients, and how much will be siphoned off by corrupt officials?

Let’s face it honestly. The Guatemalan adoption system has largely been market-driven, and up until now we’ve pretty much gotten what we asked for. Disagree if you like, but as adoptive parents of Guatemalan children I believe that we all share a bit of responsibility for the corruption of the adoption system. We became de facto participants when we agreed to pay many thousands of dollars in “country fees” for our adoptions without first demanding transparency.

How many of us truly know where that money went, and for what? Imagine simply handing someone $20,000 or more and asking them to provide you with a certain model of car – and then never asking any more questions. No way? Well, I wouldn’t do it either, but like most others, I signed the contract with my agency, wrote the checks, and looked the other way while hoping that everything in Guatemala with our case was entirely above board. I have several strong reasons to believe that it was not. I also know that I would never have trusted the process so blindly if I hadn’t been so wrapped up in my emotions.

I thank God every day for the blessing of our adopted child. At the same time, it saddens me to know that thousands of needy Guatemalan children could now be destined to a life of poverty. I pray that successful adoptions from Guatemala can continue in the future under the Hague.

Kudos to Profesor Bartholet! Finally someone with some common sense. I wish more people would realize what seems to be so obvious to the rest of us, (mainly those in government and UNICEF). Thank you for the link.

AMEN is right! What a breath of fresh air! Just what we all needed to hear during these stressful times--positive aspects of adoption. Thank you Professor Bartholet!

Dear Anonymous,

It saddens me to hear that you say, "I signed the contract with my agency, wrote the checks, and looked the other way while hoping that everything in Guatemala with our case was entirely above board. I have several strong reasons to believe that it was not." Since you have adopted from Guatemala you have the opportunity to connect with your child's birthmom and discover whether or not your fears are unfounded. Also, now is the time to inform authorities of any wrong doing you suspect. Perhaps if a crime was committed the people who have actually committed crimes will be held accountable.

This PAP is so tired of being told that I am somehow responsible for corruption that people suspect, that must exist, yet has not been proven. Elizabeth's Bartholet's writes in this article, "There is no hard evidence that payments are systematically used in any country to induce birth parents to surrender their children." If your case had some irregularities I am so sorry. However, I do not think it means that everyone who adopted from Guatemala is responsible for it.

Jenn

I was so happy read the article and hear things from my point of view. Although I know there have been cases that have not been done legally I fully trust my attorney and praise God for bringing my children into my home. I agree that it hurts to know there are those who view me as taking part in the crime. I don't feel that way at all. I feel like this a miracle that only God could have brought about! On the other hand, I do know that something has to be done about the cases that are not being done legally and so as it often goes, we must all suffer. I pray that my child who is in PGN makes it thru this whole mess!

Does anyone know who won the presidential election today in Guatemala? I looked at CNN but didn;t see anything!?!

Anonymous,

Do not blame all adoptive parents for the choices of others. There are thousands of children adopted around the world and money is exchanged and bills are paid. My cousin is adopting two children from Russia and their adoption fees are about $60 thousand dollars for the two children. Adoption is not cheap it includes food, medical supplies, foster care, legal fees, clothing etc. I am not turning a blind eye to injustices that may occur, but do not blame others due to your own guilt for not investigating your adoption case and the distribution of its funds.

Thank you Profesor Bartholet for speaking for the children.

Preliminary results according to Prensa Libre show Alvaro Colom leading with 51.9%.

Of course, these are only preliminary and so close that it will likely be a while before they are official.

Hooray for Professor Bartholet and the Washington Post! Her essay articulates absolutely perfectly the legitimate and urgent need for international adoption from Guatemala.

Anonymous, your points about higher-level corruption in Guatemala are well taken. However, like Jenn and Nancy, I disagree with your contention that all PAP's are collectively responsible for lower-level corruption that may be happening.

My husband and I have insisted on nothing less than transparency in our adoption. We are adopting from an hogar that requires an end-of-process ceremony with the birth mother, and we know where all our adoption fees have gone. The vast majority of the money has gone directly to the hogar for the care of our daughter and of older children who are unfortunately not likely to be adopted. Our Guatemalan attorney is collecting a very modest and reasonable fee for her services.

It saddens me that so many children who are legitimately orphaned will now likely pay the price for others' "iffy" dealings.

Hooray for Professor Bartholet and the Washington Post! Her essay articulates absolutely perfectly the legitimate and urgent need for international adoption from Guatemala.

Anonymous, your points about higher-level corruption in Guatemala are well taken. However, like Jenn and Nancy, I disagree with your contention that all PAP's are collectively responsible for lower-level corruption that may be happening.

My husband and I have insisted on nothing less than transparency in our adoption. We are adopting from an hogar that requires an end-of-process ceremony with the birth mother, and we know where all our adoption fees have gone. The vast majority of the money has gone directly to the hogar for the care of our daughter and of older children who are unfortunately not likely to be adopted. Our Guatemalan attorney is collecting a very modest and reasonable fee for her services.

It saddens me that so many children who are legitimately orphaned will now likely pay the price for others' "iffy" dealings.

I would love to know what attorney and hogar Kathy adopted from. It sounds wonderful - I wish I had a process like that. I am now collecting documents to find my daughter's birth mother but if I could adopt in the future I would like to inquire about Kathy's attorney. Kathy, if you come back on this thread, please email me privately at kerrinoelle@yahoo.com. Thank you.

All I can say is FINALLY!!!!!!!!

An article written by someone who is considered an "expert" when it comes to adoption and how it effects the child's development!

Wow - what a refreshing article compared to the articles written by ignorant reporters who know nothing about adoption.

I especially appreciated Elizabeth's remarks on how a child's security, and having a nurturing home is far more important than keeping them in their country! What heritage do children have when they grow up on the streets or in orphanages? Nothing!

Her article was well written and presented. Anyone considered having her speak to UNICEF? She needs to be heard by those who are so called concerned about the welfare of the child.

Excellent!

Gloria
mom to 5 Guatemalan blessings

To anonymous,

Years ago when we began our first adoption journey -- and met with our first guatemalan adoption attorney I spoke candidly with him and asked him specifically for a break down on where the $$ goes. He told me the candid truth. Fortunately we worked with someone who did not believe in mother's being paid but he did do the humane thing -- to offer her clothing food and yes, even a job. I don't find that corrupt in any way -- in our own USA birth mothers are given the red carpet treatment, apartment, food, all expenses paid for the delivery of their baby. We see this as a humane and dignified way to treat our child's birth mother. Why is that seen as corrupt in another country? I personally believe that more should be done to assist the birth mothers. More should be done to help get them on their feet sort of speak - I am not advocating the payment of hard cash -- but I do advocate medical care, living expenses, etc. Is this not a humane thing to do ? So not all of us just turn the other cheek and don't ask for transparency... I think many don't want to know, but for me and my husband we found out all the details the first time around. If parents wish to know they can find out, it's just a matter of asking their guatemalan contacts.

Just my .02,
Gloria

In response to Jenn in PA, thank you for your comments and your insight. (And I must say that I enjoyed visiting your blog, too.) I assure you that my fears are not unfounded, and that I have solid proof.

Yes, we have reached out to our child’s birth mom, and have learned that she was paid Q20,000 (about $2,500) to relinquish our child, who was turned over to foster care at birth. All of her related medical expenses were covered as well.

The social worker’s report contained several outright falsifications, “lies”, if you will. Her occupation and place of residence was pure baloney, and information regarding the birth father was also fraudulent. Although the report stated that the birth mom had her tubes tied to prevent future pregnancies, shortly after the birth of our child she was approached by the attorney’s buscadora to see if she was interested in having and relinquishing another child. She became pregnant shortly thereafter, and delivered another baby. The last time we made contact with her, she bowed to family pressures and opted to keep the child. One could reasonably question who is responsible for the bogus information in the social worker’s report. However, since her livelihood depends upon pleasing her employers (i.e. the attorneys), I think you can make a pretty good guess.

After bringing our child home, we learned that our foster mom had been initially recruited by the attorney’s buscadora, who just so happens to be the local loan shark. The foster mom owed the buscadora/loan shark money she’d borrowed to pay for an emergency, and the buscadora demanded the title to her house in collateral. The buscadora controlled all payments to the foster parents under her “supervision”. Our foster mom has since told us that while caring for our child she was, at times, denied payment for needed food and medical expenses, and ended up paying them from her own pocket. All the while – and beyond – the buscadora threatened to take the foster mom’s house if she complained. Does the phrase “conflict of interest” fit here?

To address the comments posted by “praying”, you are fortunate to “fully trust” your attorney and to be able to believe that your case is completely above board. I’m curious as to how you chose that attorney, and on what basis the attorney earned your trust. Because it seems to me that unless one meets with the attorney and asks the hard questions (as Gloria wisely did), one is forced to take it entirely on faith that everything is hunky dory – which is essentially what we did. (I rather indelicately described it in my earlier post as having “looked the other way”.)

In our own defense, the contract we signed with our agency expressly forbade us from contacting the attorneys directly. In hindsight, that should have kept us from signing with them. On the day we first met with the agency, we were told they had referral with us if we were interested. In the passions and emotion of the time, we were eager to bring home a baby.

Later, the agency reps got quite upset if I would question anything, rebuking me by telling me they’d “been working with this attorney for a number of years and there have never been any problems.” Shouldn’t an agency know better? Would I be out of line in suggesting that such a cavalier attitude by an agency makes them complicit in the wrongdoing? Excuse me, but isn’t that exactly how abuses in the system get started in the first place?

Fortunately, my spouse speaks Spanish well enough that there was no need for anyone to translate questions to the foster mom about our child’s care while on a visit trip to Guatemala. Somehow, asking the foster mom things like what kind of formula our child was fed, and how many ounces a day, was threatening to the attorney, who became visibly irritated and afterwards complained to our agency, which threatened to pull our referral. Would that not set of alarm bells in your head?

Again, to Jenn in PA, thank you for your comments. I appreciate your good intentions, but don’t bother suggesting that I “inform the authorities of any wrongdoing”. The legal system in Guatemala is one of the most corrupt in the world. The police would literally laugh away my charges, and absolutely no one would be held accountable. Frankly, the person most likely to suffer would be our foster parents. Besides, although these acts are unethical, other than for the fraudulent details in the social worker's report, I'm not certain that any laws were broken.

The reason that I have chosen to keep my posts anonymous is that I don’t want our child to ever learn these details. Kevin knows who I am, and can testify to my credibility if asked. As I stated earlier, I pray that successful adoptions from Guatemala can continue in the future under the Hague.

This was a great article!

I sent the professor an email thanking her for the article. If you click on her name at the bottom of the article, it will send you to a page with her email address.

I'm going to send copies of this article and the article interviewing Kevin with my holiday greeting cards *grin*

These 2 articles will also be added to the package of materials that I'll share with my child when they are old enough to understand.

Anonymous,
Thanks for your input again.I fully understand and realize that there cases where things are NOT done legally and know of cases that could make everyone cringe. But, we do have direct contact with our attorney, our attorney has been in our home and we consider our attorney our friend. Our agency has never been "testy" about us having contact with the our attorney, although I will admit that the attorney doesn't like us to have a lot of contact with the foster parents.We understand that one fully as well since we DO have contact with one of our foster moms and she has begged us for money a couple times! Some of that request of "little contact" is more for our protection we feel, but maybe we are wrong. I do wonder if you feel there are no attorneys in Guatemala who are doing things "honky-dory" as you said? I am not writing that to be snide... just curious. I pray we can all love our children and I am glad that you are protecting your child from the ugly truth of his/her case until he/she is old enough to handle it. I'm sure it's hard to know how to hanlde such knowledge.

Annonymous:
Thank you for attempting to speak truth to power. We have NO idea as to what percentage of the cases are fraudulent, based on coercion, and practices counter to human rights values and principles. Because your experience is based on the underground workings of organized crime, the truth rarely comes out and Guatemalan women (birth mtohers) who speak truth to power could die doing so. As such, there is a rule of advocacy--never speak for someone who has a voice. You just spoke for the women of Guatemala who have suffered the loss of their child via adoption fraud. They cannot safely assert their voice. Some of the social workers have been corrupted (birth parent history fraud), some of the the attorneys are the ring leaders, and some of the buscadoras/jaladoras are engaged in a serious crime (nefarious practices under the guise of recruitment). If only 10% of all adoptions last year are tainted by such human rights abuses--then there is NO acceptable argument against reform and reform now. The only argument is how to actually do it! Guatemala has voted and Ortega is their decision as a democracy. As imperfect as it may appear to some, it is a law that has been voted upon. A new day is dawning and it is time to clean up the system and keep our eye on the prize--an improved child welfare system. I just wish that we could move beyond the denial and protests of where's the "hard evidence" and figure out how to best move forward in (1) terms of telling the 25,000 children who will grow up with this overshadowing their search for identity and (2) doing our part to insure that fraud does not continue.