The ADA has posted an analysis and some commentary on it's website about the "updated" Ortega Law. It can be found here: http://www.adaguatemala.org/English/news/. Or I have posted it below and you can read it by clicking "more".
From the ADA:
BILL 3735 - THE ORTEGA LAW REVAMPED
In view of the many amendments done to Bill 3217, the anti adoption forces came up with the idea of passing another bill, to include the suggestions of The Hague Permanent Bureau and the US DOS, reinforced by the threats of the US Embassy to cancel the US visas of those congressmen who did not vote for it.
The result is a much more restrictive law, with the same problems that Bill 3217 has, and it also has the same constitutional violations that make it vulnerable to challenges, that most certainly, ADA and other pro adoption organizations will file. The Guatemalan Constitution protects the rights of the parents to decide who can adopt their child, which is denied by Bill 3735. It also protects the notarial process, which has been eliminated, for no other reason than because it works well and allows children to be adopted.
Until now, in Guatemala only the adoption lawyers and the hogar directors care for the needy children, giving them a home to be cared for while they wait until their adoption are finalized and their adoptive families come to take them to their permanent homes. For the Guatemalan government, those children don't even exist. They deny their existence by claiming that they are being bred to satisfy the demand of children by Americans who want a child because they cannot have their own. The evil rumor that children are adopted to be used for organ transplant is also in Bill 3735, where it sates that there is a prohibition for the adoptive parents to use the organs of the children for illegal purposes.
The government refuses to take responsibility for the lack of social services for the children who are not wanted or whose families cannot support them. Nobody and nothing stopped ever Bienestar Social to open orphanages to care for those children and to do adoptions free of cost, more efficiently and faster than the lawyers. But in order to do so, they would have had to spend money and put in a lot of work, and they were not willing to do so. Why bother, if the lawyers were already doing it? Regarding the orphanages, it is a little known fact that the State of Guatemala does not support orphanages and does not intend to do so. If adoptions become no longer possible, the children will not languish in state orphanages. They will either be left abandoned in public places, where they will most likely die or will be rescued by whoever finds them, to be used as they want, or will be aborted or killed by their own relatives. That is what we are trying to avoid. Because we know that the government is totally reluctant to support the children and that neither UNICEF, nor Casa Alianza, and the other so-called human rights activists, are willing to undertake the burden of housing, feeding and educating them, much less to work in finding loving permanent families for the children.
Bill 3735 does have a grandfather clause, but the catch is that it states that the adoptions already started must be recorded with the Central Authority within 30 days after the law takes effect, which according to Bill 2735 sill be on December 31st. 2007. The Central Authority would take some months to be duly organized. A private entity would do it in a month, but the wheels of the public administration turn very slowly, so it is expected that it would take them a lot more to find a building and get the furniture, equipment and staff to start working properly. By the time the Central Authority opens its doors, the thirty days given to record the in process adoptions, will be a distant memory. It is necessary that the law takes effect, as stated in the more reasonable Bill 3635, in two parts: one date for the organization of the Central Authority and another date for the actual effect of the law.
Bill 3735 states that the domestic adoptions are free of charge, but the Central Authority would charge for international adoptions. After all the criticism that the lawyers have received for doing the same, it seems that it is not so bad to charge the foreigners after all. The proceeds will finance the Central Authority, which is right, but also will provide funds to support the courts of the childhood and adolescence and the family courts, which is not right because they are supported by the Judiciary, which has its own means of support. There is no allocation of funds to support the children while they are being adopted. The Central Authority would oversee that the private orphanages comply with every disposition they choose to mandate, without giving them any financial assistance or allowing them to charge for the care of the children. The logic consequence of such dispositions is that the private orphanages will close their doors and the children will be deprived of the good care that they receive there. The foster homes and foster mothers are not even mentioned in such proposal, thus eliminating one of the best features of the Guatemalan adoptions.
Guatemala has the opportunity to pass a law that at the same time that complies with The Hague Convention, establishes a system that allows the children to be adopted safely, protecting their rights as well as those of the birth parents an their adoptive parents.. It is a pity that the pressure being used to stop adoptions, is making the Guatemalan Congress to waste that opportunity, by giving in to the threats of US visas being cancelled. We expect everything from UNICEF and Casa Alianza. All along -hey have proved over and over that there is nothing beneath them. But we certainly expected a fair treatment from the United States. After all, we have been their allies all the time and if they can allow adoptions from Russia and China, who have been their enemies for a long time, it is not too much to ask that they allow our children to have a better lives in their country. Bill 3735 does not allow adoptions, and its grandfather clause would not work, unless the Central Authority is in place and ready to efficiently register the adoptions in process, by the time the thirty days that the law establishes, start running. As it is stated in the proposal, there would not be a way to register the process within the month after the law becomes effective.
All the countries who are bound by The Hague Convention should admit that it has not improved the conditions of the lives of the needy children of their countries. It is undeniable that the results of the Hague Convention are more negative than positive, and therefore, that the convention should be eliminated, because no matter what abuses it may eliminate, it is not worth it if the cost of doing so is to deprive the children who need families, of a way to get them. The right to be raised by a family should be above any international treaty, especially one like the Hague Convention, whose implementation has affected negatively the lives of many children in those sending countries whose children have to live and die without the love of a family.
In order to pass Bill 3735, Congress needs 105 votes, because that is the amount of votes needed to approve the creation of the Central Authority, which is an autonomous entity. In normal circumstances it is difficult to get that amount of votes. Now that the normal term of session is over and that 90 of the Congressmen were not reelected, it is more unlikely that they will attend the extraordinary sessions scheduled for the first two weeks of December.
If the law is not approved, we still have to deal with the Hague Convention. According to the Hague Convention itself, the way to become bound by such treaty is through ratification or accession. Since Guatemala never signed the Hague Convention it cannot be ratified, only acceded. The Constitutional Court already ruled that the President of Gautmala does not have the power to accede any treaty, but that small detail did not stop the Congress from approving again the same convention. The problem is how to actually become bound by the Hague Convention on Intercountry adoptions. Those who want it to be effective on December 31st, have stated that the former accession, the same that was ruled unconstitutional by the Constitutional Court in 2003, can be resuscitated and therefore, there is no need to send an instrument of accession and to wait three months as the convention states.
The US DOS in its website supports this travesty by saying: The Guatemalan Government has said it will assume its obligations as a Hague Convention member on December 31, 2007, a decision we support, because Guatemala's children -- indeed all parties to an international adoption -- deserve the protections afforded by the Convention as soon as possible.
The statement of the US DOS does not make sense at all, because the Hague Convention does not apply when one of the countries is not a Hague Country, as it is the case of the United States. Therefore, why is the rush in making Guatemala to become bound by the Hague when it is not yet prepared to implement it and that it will not be applied to the ninety eight percent of the Guatemalan adoptions? The warnings against starting new adoptions at the same time that a second DNA is required, do not make sense either. Adoption laws in Guatemala remain the same and if Congress stops being pressured into passing a bad law, a proper grandfather clause will be included in any adoption law that is approved. Any case started before the adoption law changes, will be grandfathered, it is irrelevant if the case started fourteen months before or the day before. To discourage people from adopting children of Guatemala, does not benefit the children and does not help the parents who want to adopt. To add a second DNA is to insure that the child adopted is the same child that was relinquished. The allegations that the Guatemalan system is unregulated are proven wrong by the description of the process posted by the Joint Council for International Children's Services at
http://www.jcics.org/CIS%20Guat_Adop_Chart.pdf and by the US DOS, at http://travel.state.gov/family/adoption/country/country_389.html Contrary to what has been said by the yellow press, the process of adoption is regulated, has state supervision and the US embassy plays an important role in making sure that the adoptions to the US are above board. But it is cheap to talk and organizations like Casa Alianza, who has no accomplishments to speak of, promotes its image by maligning a process that proves beyond any doubt that the children who are adopted were actually relinquished by their mothers and that the requirements established by the Guatemalan law and by the US embassy, were met.
The Hague Convention does not come into effect for Guatemala on December 31st. 2007, because it is just the date when the approval by Congress becomes effective. The date when the instrument of accession is received by the Secretary of The Hague Conference will set the starting point when the three months that the convention states, begin to run. To reinforce the wrong belief that the Hague Convention becomes effective at the end of the year, President Berger appointed as Central Authority the Secretaria de Bienestar Social de la Presidencia. It is interesting to point out, that he has no legislative powers to do so, which makes such appointment null and void.
In order to limit the number of children being adopted by American families, the US embassy reduced the number of initial documents being submitted by each lawyer, to only one a day, from Monday to Thursday. In order to submit a case, the lawyer or his/her employee, has to stand in line since five in the afternoon of the day before, spend the night on the sidewalk of the embassy and be there the next morning, when only forty numbers are given. Out of the forty cases presented, very few are admitted. The others are rejected for whatever reason the person at the window can come up with. The pictures of mother and child are a fertile ground for rejections. The background is not white enough, the ears are not showing, the picture was not taken at a studio, but with a digital camera, the child does not have the eyes open enough, etc. The list is endless. It seems to be a superior order to reject as many applications as possible, which is totally against the best interest of the children who need permanent and loving families.
We trust that the Bill 3735 will not pass and that reason will prevail, allowing Guatemala to pass a law that will implement the Hague Convention not to stop adoptions as it has been done everywhere, but to improve the current system and to allow that more children find a family who loves them. A whole new system, that places adoptions in the hands of the bureaucrats without any regard for the care of the children, in terms of financing their stay in foster homes and in private orphanages is a recipe for disaster.
Posted by Kevin at December 2, 2007 11:19 AMYet another disturbing development...they have found a way to act like they are grandfathering in cases....but at the same time making it impossible to do so. It sounded like at the beginning of the ADA's post that this bill would in fact pass yet at the end they indicate they "trust that the bill will not pass" so I am left confused as to what is to be expected ? I am also understanding this to say that regardless of what stage you are in...171h approved..PA approved, KO'd out of PGN or still in PGN apparently does not matter with this bill....ALL cases must still register with an entity that is not yet formed and will not be formed in the 30 day timeframe...so if this bill passes....these adoptions are where ?????? What can we do in the meantime....is there any type of campaign that will help ?
Posted by: Lynn at December 2, 2007 12:39 PMI think the ADA analysis has it right. I just hope others see it that way so the best interests of the children in Guatemala are put first.
Posted by: Melissa at December 2, 2007 12:52 PMIs it just me or is anyone else beginning to suspect that the Guatemalan Congress purposely delayed the third reading and vote until a special session knowing full well they would not have enough votes to pass the law thus leaving this whole mess to the new Administration? That way this Congress could basically tell everyone (including the U.S.) that they tried their best to pass this new law but were unable to do so because they lacked the votes. It will be interesting to see how things pan out.
Posted by: TLG at December 2, 2007 01:11 PMWhat about the cases that are already pre-approved from PGN and where the birth mother has already signed off for the 4th and final time. Will those cases still be affected?
Posted by: dee at December 2, 2007 01:48 PMAfter reading this post, I am physically sick. It turns my stomach to think that governments put political agendas before the welfare of children. If the US is trying to stop the flow of adoptions from Guatemala, I must ask why? Why is this country a threat or distasteful to our own government? Why is our government choosing to limit the actions of its own people? Supposedly a government that is of the people, by the people, and for the people. DUH...did they forget this golden rule?
I have very little regard for people that are against adoptions. And it would appear that ALL the politicians involved are saying loud and clear they are against a child having a healthy, permanent home.
I am ashamed. Today, I am ashamed of our elected officials and government. Only because of the manipulation they choose to use. The tactics are more like that of a bunch of insensitive, unconfident school girls. Where is the transparency that everyone supposedly desires so much? Why do all sides feel so compelled to cloak and dagger their actions and keep adoptive parents in the dark. These are dark times. I pray that some are given an attack of their conscience and decide to step up to the plate and do the right things. The right decisions for the welfare of the children. They are the ones that matter the most!
Posted by: Gayle at December 2, 2007 03:23 PMKevin, is the operative word here 'analysis'? Looking for your opinion on the ADA's 'commentary'?
Posted by: Grandfather Clause Not Santa Claus for 2007 at December 2, 2007 05:29 PMVOTE!!! That is what every eligible person in this country needs to do, VOTE. Vote OUT the politicians who sit by and allow millions of illegal immigrants in our country but are trying to stop legal adoptions of poor innocent children. WE adoptive parents have to jump through how many hoops, how many times. We have had to re-do our dossier multiple times, be fingerprinted multiple times, re-do documents multiple times, get childline clearances and background checks multiple times, lost one daughter due to delays and screw ups and still waiting on our second daughter who will be 14 months old.We wrote all the letters, contacted all the Federal representatives and done everything possible yet this adoption may now never happen.
The people of this country have a powerful tool and it is to VOTE. Not just for those who are putting the screws to adoptive parents but for those allowing illegal immigrants to remain in this country. It's not about immigration, it's about "ILLEGAL" immigration. They have committed crimes by coming here undocumented. It's a slap in the face to every legal immigrant who has stood in line to go by the laws of our country. Our country who is allowing rich corporations the opportunity to exploit them. It's our Senators and Congressman who won't stand up for legal citizens of our country.
Send a strong message since it's obvious the letter campaign did not work. VOTE OUT EVERY SINGLE PERSON OF CONGRESS AND SENATE. "RE-ELECT NOBODY!"
Posted by: Shelly at December 2, 2007 07:23 PMYes Kevin...we're dying to hear your thoughts on this "analysis". You seemed pretty confident the other day when you talked about our lawyers having to only submit a form to this new central authority to prove that we were in process. Now Susana is saying it will be impossible. If the law takes effect 12/31/07 and they don't have a central authority set up until after the 30 days have expired - what happens?!? Are we out of luck?!? Can they legally get away with that?!?
Posted by: Jen at December 2, 2007 08:11 PMI agree with ADA that the Central Authority will undoubtedly not be up and running in full force come Jan 1. That seems impossible. But, I imagine they will find a way to have the cases registered, possibly giving that task to PGN or someone in its behalf.
The bottom line is that US DOS has lobbied all along to have an end to new referals. This bill does that. But all along that time it has been assumed that in-process cases will be completed and I believe that will happen.
All you need for them to be registered is one computer.
I agree with ADA that very likely, this law will not be passed this year because there won't be a quorum. But we shall see.
I also want to ask everyone to try to keep posts on topic. I say that because honestly, I do not like to get into debates with our readers as it is contrary to my role as an objective modertor. But when it comes to the immigration issue in the US, I have VERY strong opinions. I was nothing short of sickened by the CNN/YouTube debate this past week and how the issue was handled. I have known MANY undocumented workers and I have been proud to work by their sides and be their friends. If people could realistically come here legally they would! But many people don't have the years to wait to see if MAYBE they can come legally. Their children's stomachs can't wait that long for food. This is a country of immigrants. This country has been improved by wave after wave of immigrants coming and doing the crap job in an effort to lift themselves up and assimilate. The only difference today versus when most of our families came here is that today, you can't do it legally. The politicians claims that people are just not wanting to follow the law are a smokescreen for what is a failed imiigration policy! But I agree - vote them out!
Kevin
Guatadopt.com
This keeps getting worse and worse. I just want my baby home.
Posted by: Nancy McGee at December 2, 2007 10:28 PMKevin,
Based on the ADA's post, I'm not sure I understand what the criteria (where in the process) for registering the cases or grandfathering. Must you have DNA Authorization/PA and already been submitted to PGN? What if you are in PGN, yet you do not have your PA?
Thank you.
Kevin- I'd vote for you! I agree with your open-minded attitude and opinions about immigrations. I didn't at first have these same opinioins as you, but after traveling to Guatemala and having a long conversation with our foster families adult children, my thoughts have changed. They explained how corrupt and hard it is for them to receive a visa. It takes years and cost a lot of money to even apply the right way. With the very real risk of being denied and of course with no refund. Money is very hard to come by there as we all must know by now!
It's extremely hard for them as young adults to be accepted. They only want to have the same rights as us. Apply for a visa, receive one and then be able to travel. The grass is not nearly as green or as fair-minded on the other side.
Thanks for the update and hopefully God willing you are right about the in process cases.
KBR
Kevin- when it states that the US is making it difficult for attorneys to submit initial documents, what does that mean? Is that the beginning of the whole process or is that after the first DNA and the case is getting ready for PGN? THanks, Michelle- just wondering b/c I just got done waiting for the DNA approval that took 3 months.
Posted by: Michelle at December 3, 2007 10:16 AMFrom JCICS:
December 3, 2007
Earlier this week a new adoption law was introduced, through a first and second reading, into the Guatemalan Congress. A final reading, review and vote, including possible amendments is currently scheduled for Tuesday, December 4, 2007. While many of the laws articles remain in discussion, the primary issue appears to be the date the Convention enters into force; January 1, 2008 vs. April 30, 2008.
Joint Council continues to dialogue with all stakeholders including members of the Guatemalan Congress and U.S. Department of State. Most recently Joint Council has briefed the Congressional Coalition on Adoption Institute and members of the U.S. Congress on the issue surrounding the passage of this vitally important law.
Posted by: Kevin at December 3, 2007 10:34 AMPraying that this will all work out for the good of the children waiting for their forever families. Thanks Kevin for keeping us up to date on all the mess that is going on. Is there anything else we can do, letter, phone calls, etc.. a before. I don't know if it made/makes a difference or not but, I do think we need to be heard and FAST! Any suggestions from the more experienced in dealing with these issues? I am with you to do my part.
Posted by: Tracy B. at December 3, 2007 11:39 AMThe JCICS statement worries me in it's ambiguity. It's great they are talking to Congress but which version of the law are they talking about and which implementation date? I wish the statement had more details. They seem to be backing off in their statements lately.
Posted by: Anne at December 3, 2007 01:16 PMCan you be in PGN before you get PA? I did not think that was possible but someone mentioned it in an earliier comment.
Thanks to anyone for the clarification
Okay. So it took years for the "Ortega" bill to reach its third reading, but now it takes less than a week (maybe only two days?) for the "new Ortega" bill to reach its third reading?
Praying for the children,
Beth in MN
Yes, you can enter PGN w/o USE PA.
But that is a guaranteed KO.
But hopefully the PA is then either on hand or just abouts. Attorneys do this so time is not wasted waiting for PA.
Marie, Guatadopt.com
Yes you can get into PGN without PA but you will get knocked out of PGN because you don't have PA. We entered PGN on 11/30/2007 and we are waiting on PA. Our attorney believes it is best to get into PGN as soon as possible. She knows we'll get kicked out without PA but as soon as we get PA she'll resubmit us into PGN. However, I have read on the Guatadopt forum that some attorneys will not file for PGN unless they have PA. Hope that makes sense.
Posted by: TLG at December 4, 2007 09:21 AMHas anyone heard how things turned out today? I can't stand the wait much longer. It just has to be said today! I want to accept a referral so bad!!
Posted by: Trish at December 4, 2007 05:00 PMWhat is considered "in-process"?
Posted by: Melodie at December 4, 2007 05:13 PMFor all those guatemalan authorities who believe that I am part of "the demand of children by Americans who want a child because they cannot have their own" please know that I can have biological children. In fact, I have a kindergartner that looks exactly like me. Also please know that my 1 yr old son, who was born in your beautiful country and will be coming home in the next couple of weeks, is also mine. Very much my own. My sons look quite different, but a parent sees much more than that.
Posted by: LaurenB at December 4, 2007 05:41 PMI'm in Guatemala and my attorney told me this afternoon that they have put off the vote until Dec 13...Don't really know what/who to believe...
Posted by: lauren at December 4, 2007 06:04 PMIt looks like JCICS got it wrong. At least I find no stories of any vote today (Tues 12/4). So the date remains next week if in fact it happens. I say 70-30 no vote happens, but that's just my OPINION.
Kevin
Guatadopt.com
This is getting very exausting! It's like a horrible soap opera that will not end. We are 9 weeks in PGN tomorrow, and I just need some closure. I think I'm going to get some ativan from my Dr. so I can try to live somewhat of a normal life.
Posted by: J at December 5, 2007 08:47 AMIf the vote doesn't happen, what happens next? Will things continue to process normally until there is a vote?
Posted by: Kim at December 5, 2007 11:44 AMGoing into PGN knowing you will get kicked out is potentially taking resources away from those who could get approved. When you've done everthing you can and are waiting, that hurts.
Posted by: LaurenB at December 5, 2007 11:46 AMKevin and Kelly,
I was looking through the website and was looking at the column about "history and holidays in Guatemala". It was fun to read...and I learned a few things.
As someone trying to BELIEVE that our daughter will get home. Maybe there are a few people who can share a positive adoption story, or about something cool to do or see in Guatemala WHEN we go to bring our child(ren)home!
It's tough with the holidays...I am so fatigued from concern about all of this...a good, positive, Guatemalan adoption story would be really inspirational right now!
THANKS!
Posted by: Shelley at December 5, 2007 12:06 PMI am in PGN now for 10 weeks. This whole process has been so awful and long. And, not to mention totally unfair to us PAP's and more importantly our children that are waiting for us. Guatemala says they care about there children, but that's really hard for me to believe. If they did the process wouldn't be taking so long for all of us. Good luck to you all and happy holidays.
Lisa
Posted by: Lisa T. at December 5, 2007 02:48 PMWe are going on "Faith" to visit our son for Christmas. We have been in PGN for two weeks. We are praying for all of the babies waiting to come home, as well as the families waiting for them. I believe that God will finish the work that He has started. God bless you.
Posted by: Raquel at December 5, 2007 04:42 PMWow LaurenB, sorry you feel that way. There is absolutely nothing that says you cannot enter PGN until you have PA. I am assuming our attorney knows what she is doing and I fully expect her to take whatever steps she thinks necessary to protect our interests and the interests of our prospective daughter. I would expect nothing less from her. The fact is we had everything we needed to ENTER PGN and it was our attorney's decision to do so. I don't believe our case is taking any resources away from anyone as our case has just as much right to be in PGN as anyone else's case. Yes we know we will get kicked out but at least we are in the process and the fix should be quick. Heck, for all we know that could be our only KO and if so it would seem foolish in hindsight to have waited 40 to 60 days for PA and THEN file for PGN-especially with all of the uncertainty surrounding the new law. It sounds like you are also in PGN and if so I hope you are out soon. I am all for supporting one another in this process and pray that we all have speedy and joyful outcomes.
Posted by: TLG at December 5, 2007 04:42 PMI have a friend who's child/referral was referred, and then went through the abandonment process. During that time their fingerprints expired. The abandonment decree has been issued, but they can't file a new POA until the fingerprints are renewed. Does this law mean that if they don't have a POA filed by Dec 31st, they loose their referral? I know the big question is how far "in process" counts. Any insight?
Posted by: Jennifer at December 5, 2007 04:49 PMShelley,
I have two beautiful Guatemalan success stories. My son is almost 6 and exhausted after his full day of kindergarten but loves every minute of it. Claire just turned 4 and is a little pistol. The other evening upon hearing her brother burp, she asked, "What the h*** was that?" She came home after the 2003 Hague nightmare.
WHEN you go, be sure to get clothes for a christening (if that is your plan) and for any other event at any other time you can imagine. I wish I had clothes for when my kids are older. Don't forget material for a quilt. Go to Antigua and soak up as much as you can. By the way, the French bakery at the Intercontinental is AMAZING!
Good luck to all.
The way I understand (please correct if wrong!) is that if no new law is voted in, the Dec 31 date is meaningless; if a new law is implemented (eg Ortega), we still don't know for sure if Dec 31 will be the cut-off or whether POA is considered in-process. So...the answer to Jennifer's question is unknown. Our agency periodically reminds us all to check expiration dates--I guess that really does need to be on the radar. I hope your friends are not hindered by that.
Thanks for the great story and hints Cathy!
Posted by: LeAnn at December 6, 2007 07:26 AMThis is a comment on going into PGN withouth PA. We have been in PGN for 4 months now. We have had 3 kickouts, all on the Guatemala side (our child was abandoned at birth and didn't have an orginial birth certificate.) PGN had a problem with that even though you would think that this would have been worked out during the 1.5 years that her orphanage spent getting her COA. So that's the reason for our kickouts, but everything has been worked out and PGN isn't kicking us out again. But Anyway, each of our kickouts came within 1.5 weeks of being submitted, so you probably won't save much time by submitting without PA. Then once you are submitted you go back to the bottom of that reviewers pile and it would be another week before they look at it again anyway. Our papers were submitted to the Embassy in June (our attorney made us wait until we were out of FC before she would submit us to the embassy (not sure why, maybe because it is a COA and there is no DNA test done or our attorney just likes to do things as slowly as possible, after all she is working for free. She donates her time to the orphanage) but our PA took 62 days to come in. But once we had it we went into PGN the next day and 1.5 weeks later had a kickout, so no time would have been saved for us. No matter how you do it, PGN sucks and takes forever (for me at least), actually this whole process has taken for ever. We went into FC in February and we still don't have our daughter. This too shall pass though and soon she will be sleeping soundly in her own bed.
Posted by: Kelly at December 6, 2007 10:21 AMJennifer,
I saved a message from an adoptive listserve from September 2007 that says USCIS has implemented changes to assist PAP's. There are two.
The first is a free, one time extension of the approved application for Advance Processing of Orphan Petition (Form I-600A) if they have not yet submitted an I-600 (Petition to classify an orphan as an immediate relative). Application for this must be made no earlier than 90 days before approval expires and not later than expiration date.
The second is a one-time free re-fingerprinting for approved I-600A's.
My experience with this occurred prior to the extension and was relatively quick. The new I-600A was processed in two weeks and the prints took less than that. But I live in the same town where the USCIS office is and we don't have a lot of people in the state.
But I bet your friends could request an expedited review and they might get it, who knows. Also a call from a representative or senator could help speed things up.
Our baby granddaughter Cherish touched down on U,S, soil after 13 months of like you say living in a soap opera.BUT ....Tara and Scott and Cherish say in English "touchdown' not a dry eye here in the SLC airport.She was worth the wait.
Posted by: cyndy argyle at December 6, 2007 02:13 PMCathy - What a great story, I agree with LeAnn, Thanks for the hints. Maybe it is a good time for all of us to remember not just our babies / children, but also our family members here too. I know that I have been a bear with all of the stresses from what is going on, and that isn't me especially during the holidays, so if we concentrate on the holidays and our family here it may be a little more "bearable" for us all. Happy Holidays to everyone (and I mean any Holiday - don't want to leave anyone out).
Theresa
Cathy,
Happy birthday to Clair! I had forgotten that our daughters' birthdays were only a day appart! Clair one day older, if I remember right! I agree with the advice about buying things for special occasions and for later---wish I had!
Lizzie
On the Guatemalan Congress web site there is a release by its President ( MR. Velez ) that affirms that the " Ortega Law " will be voted next week ( does not mention the specific day )and that there is the political agreement between all parties to approve it. Nothing is said about any amendament to the law. If this is my correct understanding ( spanish nor english are my natural langueges ) every thing is still a big question mark.
Posted by: vince at December 6, 2007 06:26 PMOn the Guatemalan Congress web site there is a release by its President ( MR. Velez ) that affirms that the " Ortega Law " will be voted next week ( does not mention the specific day )and that there is the political agreement between all parties to approve it. Nothing is said about any amendament to the law. If this is my correct understanding ( spanish nor english are my natural langueges ) every thing is still a big question mark.
Posted by: vince at December 6, 2007 06:26 PMTo Cherish's grandma,
We had the pleasure of meeting Cherish, Tara, Scott and Grandpa!!!
She is a beauty queen.
Tara should be given a gold medal for all the behind the scence work she had to do once she got out of PGN.!!!!!! Congrats
To all the other families in process, we just need to hang in there.
If you google "ley de adopciones 6 de diciembre 2007" or something similar, you'll find the congressional notes for today, and you can click "translate". There is some news of note.
Posted by: Keira at December 6, 2007 06:57 PMCathy,
Thanks for sharing your story...and for the ideas and recommendations! Thanks! Happy Holidays...to all!!
Posted by: Shelley at December 6, 2007 07:37 PMKevin,
What do you think will be the criteria for grandfathering? DNA authorization/PA? Someone said it took them 3 months to receive PA, another said 62 days, and a friend of mine told me that it took them 60 days to receive PA. Is ~60 days the typical right now? I'm only 22 days after the DNA docs were mailed to USE. Although I agree with you that the bill probably won't be passed, I'm concerned that if the bill is passed then I must have PA by 12/31/07 to qualify for grandfathering. Your thoughts would be appreciated.
Posted by: Bethie at December 7, 2007 12:54 AMJust read this on JCICS (dated 12/7) and it made my stomach turn.
http://www.jcics.org/Guatemala.htm
The latest from Join Council :
December 7, 2007
As part of the Joint Council Guatemala 5000 Initiative and our ongoing assessment of the situation in Guatemala, we now have considerable concerns regarding the processing and completion of all transition cases. We call on the Guatemalan Congress and the Berger administration to publicly clarify the process by which the adoption of those children who have been referred to a family will be completed.
As previously announced, the Guatemalan Congress hopes to review and vote on Bill # 3735 on December 11, 2007. It is the assessment of Joint Council that Article 56 of Bill # 3735 could in effect, preclude the completion of in-process adoptions under current law. Article 56 states that all pending cases must register with the Central Authority within 30 days. Given that the 3735 also requires the creation of a new entity as the Central Authority, we express our concern that a new entity may not be created with sufficient time to allow for the registration. Joint Council calls on the Guatemalan Congress to amend Article 56 to clearly state the process by which registration will occur. It is our recommendation that Article 56 permit and require all adoptions with Powers of Attorney as of December 30, 2007 to be registered with the PGN by January 31, 2008 as a condition for continuing the adoption process under current law.
In the event the Guatemalan Congress does not vote or pass Bill # 3735, Joint Council calls on the Berger administration to issue a similar clarification of the process by which the government will process all pending adoption cases. Joint Council urges the administration to permit and require all adoptions with Powers of Attorney as of December 30, 2007 to be registered with the PGN by January 31, 2008 as a condition for continuing the adoption process under current law.
It is Joint Council’s understanding that discussion by many stakeholders include a plan to ‘grandfather’ only those adoptions which have been registered with PGN by December 31, 2007. This requirement is overly restrictive, severely limits a child’s legal access to the process (50% of Guatemala’s courts are in recess through January 15), needlessly penalizes those children who are in the abandonment system and is clearly not in the best interest of children.
Joint Council also calls on the United States government via Congress and the Department of State to protect the rights of children in need by assisting in the creation of a sound transition policy for all pending adoptions.
As part of our continuing Guatemala 5000 Initiative, Joint Council has requested a meeting with Guatemalan President-Elect Alvaro Colom. Joint Council will strongly urge the new administration to provide sufficient protections for all of Guatemala’s children while continuing to promote a child’s right to a safe, permanent and loving family.
http://www.jcics.org/Guatemala.htm
to read more go to site above
Ok Kevin- I am in the same boat as Bethie. My DNA has been in Guatemala for a week now. You have never answered any of my questions but I'm begging you to answer this one. Joint Council stated: It is Joint Council’s understanding that discussion by many stakeholders include a plan to ‘grandfather’ only those adoptions which have been registered with PGN by December 31, 2007. This requirement is overly restrictive, severely limits a child’s legal access to the process (50% of Guatemala’s courts are in recess through January 15), needlessly penalizes those children who are in the abandonment system and is clearly not in the best interest of children. What does this mean to us? Does this mean all cases have to be in the PGN by this time or they may not have the option of being grandfathered?
Posted by: Michelle at December 7, 2007 10:09 AMYesterday I spoke with LabCorp in Burlington, NC and was told that our son's 2nd DNA had been received on Wed. 12/5/07, it was taken in Guatemala on 12/3/2007, this was great and astonishing news to us. Things can move quickly on any given day. I pray that all of the children waiting will come home soon, and I am reminded that His word does not return void to Him.
Trusting in Him,
Paul
Posted by: Paul at December 7, 2007 10:11 AMI apologize for having not answered questions. It's not always easy to keep up eiht what has and has not been addressed.
I have no info on where JCICS is getting this. Not saying it is incorrect, just that I have no info to indicate that cases that have not reached PGN (as we know it today) by 12/31/07 will not be grandfathered.
Ultimately right now there is no new law passed. There are no rules to implement that law. And this whole thing has been such a rollercoast ride that the wind could turn at any moment.
I totally agree with JCICS's concerns, don't get me wrong. Though I do believe that the DOS has been so actively involved in all of this that a plan must be in place. And a have said all along that MY OPINION is that while I do not agree with how DOS has handled the Guatemalan adoption issue, I do believe that they will use their power (whether the fact that they have it is good or bad)to ensure that thousands of US citizens are not penalized by this law.
We shall see what transpires next week.
I wish I could say "this is what will happen" but that info does not exist...
Kevin
Guatadopt.com
Thanks for that comment. I know you are definitely busy, and I don't hold it against you. Like everyone else, I am astounded by all of this. I don't have anything else to say as all of this has left me speechless at this point. Just a few months ago I was holding my breath for the middle of November, and here I am, still doing the same. Wow!
Thanks for everything and for allowing people like me to ask questions before I panic and go crazy with my thoughts throughout the day!!!
Posted by: Michelle at December 7, 2007 11:03 AMDarn it Kevin, where's your magic wand, we can't take it anymore!
This is all so iffy, its making me insane. I should have both cases back in PGN today, but that of course is not written in stone.
Posted by: Melissa at December 7, 2007 11:49 AMRegarding PGN by 12/31
Will they go by your Original PGn date or by the resubmit, Our K/o is still being work on and might not be done by 12/31.
Interesting - my agency normally sends a medical report and pix every 6 weeks. I'm now in week 8 and they still haven't sent them. My case worker asked for them last Tuesday. Do interpretations of medical reports, etc. slow down during holiday season or is it because they are waiting to see what happens with a possible vote tomorrow?
BTW, I'm hoping that our cases will continue to proceed as normal (maybe a bit slower during the season) because not enough Congressmen will show up, nobody in the Guatemalan gov't nor the US DOS can get their acts together in understanding what needs to be addressed, and/or nobody can agree on anything regarding the Bill 3735 or amendments. I hope I'm right. Good luck everybody!
Posted by: Bethie at December 10, 2007 08:03 AM