Tomorrow, Tuesday Dec. 11, 2007, may be a historic one in the history of adoptions from Guatemala. In a scheduled special session of Congress, the plan is to pass the latest and greatest version of the Ortega Law. If this happens, only the future shall tell whether the day will prove to be one that protects children or merely, as Robert Heinlein would put it, "the day they hung the lawyers." Many questions remain and so I'll attempt to answer them.
My Ortega Vote FAQs
Will the law be approved?
Congress is technically done for the year. Of particular importance is the fact that many members of this congress are ending their tenure as legislators. Come January, they will not be in congress. A requisite number of attending votes, or a quorum, is necessary for a law to be approved. So the question remains if enough members of Congress will attend a special session to reach the quorum requirement. Then of course they must vote in favor of the law.
What about amendments?
The Guatemalan legislative process calls for three readings of a bill. If approved three times, it then goes on for a process of amendments. It is not known at this time what amendments to the bill will be offered or by whom. The Guatemalan press has reported the possibility that the amendment phase may be the controversial one. Among the possibilities for amendments is an implementation date after Jan. 1, 2008.
The bill as it stands has had two readings.
Grandfathering?
The bill contains a grandfathering clause which requires all adoptions started prior to its implementation to be registered with the Central Authority within 30 days. It does not give any other specifics defining “in process” or anything else.
The Central Authority would be a new governmental office. Some fear that there is no way that this office will be functioning in 30 days, thus how will cases be registered. Although from a pure data perspective, it would not be a huge challenge to manage registration.
What about the US?
Guatadopt has received assurances that the US will continue to process adoptions in accordance with whatever Guatemalan law is, at least until the US implements the Hague in April.
When will we know?
Guatadopt will do its best to inform you of whatever we find out as fast as humanly possible. Do not expect answers to question that for example specify how a case will be registered for some time. Those questions will not be answered by Congress.
Thank you for your updates.. I know it makes me feel a little better to be able to read updates here..
Posted by: Cassie at December 10, 2007 10:38 PMWhen the U.S. implements the Hague in April, how is this going to effect adoptions in Guatemala?
Posted by: Samantha at December 10, 2007 10:45 PMThis latest version of the Ortega Law has had 2 readings and is supposed to see it's third reading today. What ever happened to the last Ortega Law from October 3 that DID get 3 readings? I know it was supposed to have amendments made to it before implementation, but it doesn't appear that anything ever became of it. Is THAT Ortega Law now dead?
Lo
Posted by: Lo at December 11, 2007 08:04 AMThere is a link on the Guatemala Congress webite to video converage of what is going on right now.. It would be great if someone who understands Spanish could listen in...
Posted by: Shannon at December 11, 2007 12:27 PMCan you elaborate on your statement that says, "at least until the US implements the Hague in April?"
Posted by: Robert at December 11, 2007 12:47 PMAs we speak the congress is approving the adoption law article by article. It will likely be approved today because there are more than enough Congressmen present today to pass it. Currently there are about 115 present.
Posted by: Chris Huber at December 11, 2007 01:05 PMPrensa Libre is reporting that the Gautemalan Congress passed the adoption law. You can see the report at http://www.prensalibre.com/pl/2007/diciembre/11/190192.html.
Here's my translation:
"Congress Approves the Nationally Urgent Adoption Law
"The Guatemala congress today approved the nationally urgent adoption law with the vote of 109 deputies.
"The only one who did not vote in favor was the independent deputy [translator's note: belonging to no party block] Julio Lowenthal. Now the deputies are discussing amendments to this law.
"Various organizations had asked congress to approve this initiative which will make adoptions more transparent."
Posted by: Brian at December 11, 2007 02:18 PMI have been informed by a friend who works in an administrative position within the Guatemalan Congress that the adoption law received a favorable vote today, and that when it is indexed, it will be Decreto 77-2007. As such, if and when it is published in the Diario de Centro America, it should be found on line at
http://www.congreso.gob.gt/archivos/decretos/2007/gtdcx77-2007.pdf
Posted by: Robert at December 11, 2007 03:28 PMTranslation from Google on article from Prensalibre (it still mentions that pending adoptions have 30 days to register):
Guatemalan Congress today approved the adoption law with the votes of 109 deputies of the 110 present in the parliamentary chamber, which was requested by social organizations, public agencies and friendly countries.
From an early age, civil society groups and entities working on behalf of children gathered in front of the headquarters of Congress wearing white robes to push for the adoption of the law. Some placed white strips to the deputies entering the building. Other groups displayed banners calling for the speedy adoption of the law.
Prior to the meeting, the heads of block were reunited with their bancadas come to insist that the greatest possible number of members to achieve the 105 votes needed to pass the law.
Within the Congress included several ambassadors from European countries who distributed a letter dated December 5, which was sent to the deputies and heads of block where they had raised the interest that the law was passed.
The ambassador of the Netherlands, Teunis Kamper, indicated that approval is important because the process of adoption of Guatemalan children in his country were suspended for five years and now can be opened again. The representatives of France and Spain also expressed the possibility of resuming the proceedings from their countries. The British ambassador, Ian Hughes, meanwhile, said that thanks to this new legislation children will be protected.
Manager of Business at the German embassy in Guatemala, Bodo Schaff, described as favorable to the country the decision taken by Congress.
The Guatemalan president, Oscar Berger, also commented on the passage of the law, saying that it is wonderful that Congress will approve the adoption law as it is to have an order on them to prevent abuses. "We want to know the origin and destination of children, have a monitor that adoptions are good," said the chairman.
The adoption law, which was required by the Hague Convention, ratified by the Legislature last May, creates the National Council for Adoptions, whose role will be to ensure the protection of children who are in the adoption process. This council, according to the rules, should be composed of a representative of the Supreme Court, one from the Foreign Ministry and one from the Social Welfare Department of the Presidency.
The law also provides that the priority of children to be adopted should be the first at the national level and then in the international arena. In addition, prohibits people involved in making processes, including the parents or relatives of children receive any kind of benefits.
As of December 31, adoptions that are in the pipeline will have 30 days to implement the new process which will be through the newly created council.