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January 12, 2008

Central Authority/NCA Sworn In

The BOD of the new National Council on Adoptions (aka the Central Authority) were sworn in last night. We are hearing that next week, the registration process will be annnouced and possibly begin. In the newspaper story below, they are acknowledging the need to get this done for in process cases.

http://www.elperiodico.com.gt/es/20080112/pais/47432/

Here is a translation of the story.

Members of the National Council for Adoptions Sworn In

This body should recognize 2 thousand records.

By: Oscar F. Herrera

Last night was sworn in the National Council for Adoptions (CNA), the central authority for adoptions in the country, which seek to provide transparency and streamline the way administrative records and then move it to a judge to issue the final decision and the statement of adoptability of minors. "It's very important to give credibility to the process and comply with the noble purpose of adoption, as well as help prevent the lucrativeness with it," relates the representative of the Foreign Ministry, Anabella Morfín.

In addition to the staff member, the Council is composed of a representative of the Supreme Court, Nery Soto Ovalle, as owner, and Hilda Morales Trujillo as an alternate. The Social Welfare Department of the Presidency will be represented by Mynor Rabanales and Byron Alvarado, owner and alternate. Morfín indicated that lawyers will have no involvement in the processes of adoption, which is dictated by the law of the trade, with the exception that an adult is taken or that, in any case, the lawyer is the person of the adoptive family .

Already 2 thousand cases that await in the desks of the Council, to say that De Soto Ovalle, still does not have its own headquarters and at the moment will run in the 8th. Avenue and 13 Street in Zone 1, in the former facilities of Casa Alianza.

"We ought to be working because we have 30 days to expedite the files ahead and we ran 15 days. Other files are 800 to complete the Procurator-General's Office with the previous mode, "said the official.

The high commissioner of the Organization of the United Nations in Guatemala, Anders Kompass, welcomed the formation of the ANC therefore ensures that is a step they expected for several years.


Posted by Kevin at January 12, 2008 02:04 PM
Comments

Can I breathe a sigh of relief or shall I keep holding my breath a bit longer?

Posted by: Shanski at January 12, 2008 02:30 PM

Kevin, do you know what they're talking about when they say "Other files are 800 to complete the Procurator-General's Office with the previous mode, "said the official." Could this mean that the cases currently IN pgn (I mean physically in their possession right now) may not have to go thru this registration?? Thanks.

Posted by: Jen at January 12, 2008 03:06 PM

I am very happy to hear this news because it confirms what I believe: that the wonderful people of Guatemala are thinking about what is best for the children's health and happiness and are moving quickly to finish the adoption cases that are in process. Getting these children to their permanent homes soon is the best thing for them. We all hope the process continues without interruption.

Reba
Waiting with hope and faith for Luciana

Posted by: reba at January 12, 2008 03:18 PM

Although all my optimism at this point is guarded, this does appear to be good news:) Thanks Kevin!

Posted by: LeAnn at January 12, 2008 03:29 PM

what do you think the reference to 800 files is about?? it seems like they're saying that there are 800 files that need to be completed under the old laws- but there should be tousands, right?

That part seems scary to me.

Posted by: Linda at January 12, 2008 04:56 PM

First of all, I wouldn't take the specific numbers quoted to mean anything. But I'd say probably 800 files in PGN plus about another 2000 not in PGN. By not in PGN that would include caees in the process of fixing previos and those that had never been into PGN.

I would not read into this as any indication of what will be deemed in-process. Biut from everything I have heard, it does appear as though CA plans to repect the spirit of the law as it relates to grandfathering.

I'd definitely take this as a positive.

Kevin
Guatadopt.com

Posted by: Kevin at January 12, 2008 06:14 PM

Reba, Don't confuse this with Guatemala caring about their children. There a people smarter than me that could spew out facts of how they really do not care about their children. Don't get me wrong, I'm glad they are doing this, but let's see what happens in the future. Erik

Posted by: Erik at January 12, 2008 06:15 PM

It appears that the translation from Spanish to English got a little awkward. I agree with Kevin, those numbers don't mean a whole lot and getting scared over something that just appears to be a stilted translation.

Posted by: BB at January 12, 2008 07:22 PM

I'm just curious what will happen to cases already in PGN, but could still possibly get a KO after the 30 days to register. It doesn't seem like the CA is registering cases simply IN PGN...so what happens if you get a KO in late February? Since kicked out cases have to be registered, what would happen?

Thank you so much!

Posted by: jlr at January 12, 2008 09:03 PM

With all respect....I would hope that no one thinks that the people of Guatemala do not love and cherish their children as much as the people in every other country on earth. People are people.....mostly good, some bad. This is about money. Period. I, personally, would not like to be held responsible for all of the policies of this, or any other administration, or for the acts of a few evil people who happen to be Americans. I work in Guatemala and from my experience, I see the family unit in Guatemala as very strong. They eat, pray, live and work together without the problems of the fast food society that are attacking the American family. Don't we all comment on how happy and secure the children are? How wonderful the foster parents are to raise kids like this? Go to embassy. A room full of 30-40 infants and no crying. This is a great place with great people who do not deserve the reputation their corrupt government shows the world any more than we do. Just my opinion.

Posted by: mifamilia at January 12, 2008 10:39 PM

This sounds great. We recieved our 2nd KO in November and our lawyer was unable to resubmit us before the 31st. So we have become one of those families stuck in limbo. We were with the second reviewer when we recieved our KO and have been on pause ever since. I don't think we'll be back at square one but our agency seems nervous to say anything about what may happen or even if the lawyers know what to do with cases like ours. If anyone gets word about what has to be done with cases like ours now that the CA is established let us know by posting. I know there are others out there in the same situation.

Posted by: Dan at January 12, 2008 11:51 PM

I'm no expert on Guatemala or it's people, but after living here for the last month or so and meeting a rather broad cross section of people involved in adoption my impression is that the people of Guatemala love their children very much.

Unfortunately, the same can't be said for the USCIS embassy personnel, the lawyers who have brokered adoptions in the past, or the Guatemalan government officials who have been responsible for slowing international adoptions based on specious grounds. Each group of people are motivated by concerns that are primarily unrelated to child welfare.

Most of all, it's reasonable to conclude that UNICEF has had an axe to grind that had very little to do with the "best interest" of orphaned children.

Posted by: Bob at January 13, 2008 02:39 AM

mefamilia, awesome post, I absolutely agree with you. I have been living in Guatemala for over a year now and I love the people here.

With the exception of the corruption! Everyone else, has treated me like family. Now, I do have some latin blood in me, so I also feel like I'm home too, in a way. Living here has been a wonderful experience.

After going through the corruption with our adoption case, we are 100% for the new law.

Also, we just recently made a trip to Beinstar and I didn't know what to expect since, there has been a lot of bad stuff said about them concerning the raids, etc.

But, I will say that I could genuinely see and feel the love that everyone in their office had for the children.

This has been the same exact thing on the street with those that I've met. Super nice and friendly and I never go out without someone smiling at me and my little girl.

And, of course, saying, Hi!

Posted by: airstar98 at January 13, 2008 03:53 AM

Mifamilia, I guess I should have put the word government behind Guatemala. You are right, The people of Guatemala truly love these children. It is clearly evident when you see the foster mothers and how "On target" and loved these children truly are. Sorry for the mis speak. Erik

Posted by: Erik at January 13, 2008 07:08 AM

PLEASE don't ever say that the people of Guatemala do not care about the children. OUR children are Guatemalan.

Posted by: Jennifer Z at January 13, 2008 08:30 AM

I hope they move quickly with this. WE had a previo with the 2nd reviewer in PGN last week and after correction, they would not accept the case back on Friday indicating it must be registered now with CA before processing will continue in PGN. UGH!!

Posted by: jean at January 13, 2008 10:04 AM

Does anyone know anything about future adoptions? The only thing I have heard or read only has to do with "in Process" My Husband and I have three children that were born in Guatemala and are hoping to add one more before our family is complete-but aren't sure what is going on at this point.Does anyone have any insight??

Posted by: Kat at January 13, 2008 11:23 AM

This brings up a good point. We really cannot blanket statement something like how a nation loves their children. Blanket statements are usually "OK" as a statement about a culture or a dominating trend but they are dangerous in terms of law and they can be rather insulting to the Guatemalan community personally. So, lets just be careful of how we phrase things because the concept can be lost to another reader.

I don't even like to blanket statement the Government of Guatemala not caring for their children....It is certainly true in terms of services provided but how they think of them is a bit more complex.

What I don't want to see happen is losing sight of the needs of the individual child to what "looks good" to the international community. I shudder when I read statements like making it less "lucrative" or factoring the number of children leaving the country. Thats not the point, its the lack of accountability to the child, the Biological family and the Adoptive Parents that really needs reform along with the need for social equality and an attempt to break the cycle of poverty.

I'm not happy with this law....because I believe that it will hurt innocent children. But the best we can do is work with what we have, understand it and do whatever it takes to encourage better implementation.

Kelly
guatadopt.com

Posted by: Kelly (guatadopt.com) at January 13, 2008 01:23 PM

Ok, Well, I guess I am uninformed or naive. But, I'm speaking to what I read. I certainly am not as knowledgable and well read as others. I probably should have thought a bit before posting. I apologize! My statement was made more out of anger as to whast this new entity will do towards the future of Guatemalan children. And, Honestly, I just reread the original post that I was referring to and I read it wrong. Sorry. I do not want this to turn into a rant abouit how I think that Guatemalans don't care about their children. I was wrong, I should not have posted. That's All. Have a great night all! Erik

Posted by: Erik at January 13, 2008 04:57 PM

And I will add that Erik has been a loyal reader and appreciated commenter for quite some time. So let's give him the benefot of the doubt.

Kevin
Guatadopt.com

Posted by: Kevin at January 13, 2008 05:24 PM

Does it mean anything that they are in the former offices of Casa Alianza? Why bring up that name?

Posted by: Sharon at January 13, 2008 06:20 PM

We are told by our agency that our case is in PGN. Our question is that now that the CA has been formed, what will happen to the attorney working on our case? Our child is in foster care. Will the attorney continue to be custodian of our child? We have already had 2 previos on our case. If we receive another one, it is our unconfirmed understanding that our case will then need to be filed with the CA. Will the attorney handling our case register the case with CA? Will the attorney complete our adoption? We realize that there is so much uncertainty at this time. We are just hoping that someone can shed some light on some of our questions.

Thank you!

Posted by: Leslie at January 13, 2008 07:25 PM

Does anyone know what will happen to cases that are currently in PGN and get kicked out after the January 31 deadline (for registering with the CNA)?

Thanks!!

Posted by: Stephanie at January 13, 2008 08:47 PM

I am wondering who must register with the CA. Our case was resubmitted after a KO in December and has been at the director's reviewer for several weeks now. The lawyer checks on it regularly. Don't know what the hold up is. Does our case need registered before coninuing?Will calling PGN and inquiring help? Thanks for any insights!!

Posted by: kay at January 13, 2008 09:10 PM

Hey Erik, I truly meant no disrespect. I have read and learned from your posts....and just wanted to put in my two cents for the people I have learned to respect. I'm feeling especially sad about the foster Moms....so I was speaking from my sadness as I watch the foster Moms hand over what will probably be their last kids. All the best to everyone.

Posted by: mifamilia at January 13, 2008 10:40 PM

Stephanie,
I was worried about that too, as my files are stuck in another court, not PGN.

I was told that they will not need the files in order to register, so your lawyer will probably register you while you are in PGN as soon as the CA is set up and taking registrations.

I heard this second-hand, and it is just my opinion that your lawyer will register you while you are in PGN, but you may want to ask them about that.

Lizzie

Posted by: eb at January 13, 2008 11:57 PM

We have been told that we are in the final stages of PGN, now what does this actually mean?. My husband and I are anxiously waiting to bring our son's biological sister home and we are just waiting to hear when....

Posted by: Michelle at January 14, 2008 07:21 AM

Jean,

My husband and I had the same thing happened. Our lawyer just foud out last Wednesday that our file was issued a previo on Dec. 17th!!! I was SO upset. The lawyer had the issue corrected on the file by that afternoon! but is not able to resubmit. This was heart breaking. We are in limbo too. We just keep praying and waiting patiently for the Lord to move. We've heard good things about the new President and sincerely hope that things speed up as the holidays are now over and he is getting his presidency started.

If anyone hears anything about those of us who were KO and what we are going to have to do please post!

Posted by: Jordan at January 14, 2008 08:35 AM

Our case was kicked out for previo 2 weeks ago and when our attorney tried to get it back with corrections this past Friday she was told that it must be registered with the CA now to get back into processing with PGN.

IF anyone out there has gotten back in to PGN after ko of Jan 1st or latter please let me know??!!!

Posted by: jean at January 14, 2008 09:19 AM

Sad to hear they are requiring cases which were ko'd to go through new system.. seems they should be part of the old. Glad to hear they are getting the Central Authority up. Hope they get all the cases through soon. Erik, we love you. Seen you post too many times so knew what you meant to say.

Best wishes and prayers to everyone.

Posted by: lisa at January 14, 2008 11:03 AM

As far as we were told by our agency your attorney can register you in the PGN prior to actually entering the PGN. This was done for us prior to getting our PA which we did receive and our attorney picked up and brought it to the PGN prior to 12-31-07. So far we have not had a previo/KO. We hope to hear good news soon.

Posted by: Michelle at January 14, 2008 12:39 PM

Does anyone know if the Central Authority has registered any new cases yet? I been KO from PGN but now need to be registered with CA.

Posted by: Stephanie at January 15, 2008 11:34 AM

HUGE UPDATE!!! THIS IS BIG YALL!!!
This is what I just heard. I head it's in the papers too, but have not yet confirmed it!

It looks like President Colom's wife canceled the appointments of the newly appointed CA in Guatemala!

This could be good news, because she needs people under her whom she can trust and feels confident that they can improve the problems in Guatemala adoptions.

I am in support of the Colom's and do feel that God has blessed them with the position to have a great and positive impact not only on adoptions for those children in Guatemala who need homes, but also to be a part in a divine destiny to free the country of Guatemala from the severe corruption that plagues it's streets and it's citizens.

Now the negative part is that this may obviously delay our ability to register with the CA in the appointed time required by the new law.

I home that Mrs. Colom can accomplish what she needs to quickly to appoint those to the CA.

Posted by: airstar98 at January 16, 2008 11:52 AM

Hello
can somebody please tell me what happens if some adopted child (on intercountry adoption) wants to find out some information about his biological parents in Guatemala? Which law will be relevant? The one in guatemala or in the other country?
And what does the law in Guatemala says about that?
Thanks,
Michal

Posted by: Michal at May 29, 2008 06:31 PM
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