JCICS and DOS have both issued new statements. Basically they affirm what we have been posting. I do applaud them for the strong statements urging PAPs not to accept referrals or give agencies deposits right now. Shame on any agency trying to claim that they will be doing future adoptions in Guatemala. At this point, no one knows if that will be possible.
You can click on more to read them or here are the links:
JCICS
DOS
JCICS Statement:
January 14, 2008
As part of our ongoing Guatemala 5000 Initiative, Joint Council has maintained dialogue with the U.S. Department of State (USDOS) and U.S. Citizenship & Immigration Services (USCIS) and met with them most recently on January 7 and again on January 10, 2008. Meetings were also held with UNICEF on December 18, 2007 and on January 9, 2008. Similar dialogue was held with Guatemalan Congressional representatives and government officials along with members of the U.S. Congress over the past three weeks.
Based on these meetings and in consultation with the Guatemala Caucus Co-chairs, the following represents Joint Council’s understandings and advocacy efforts:
Processing of Transition Cases
On January 1, 2008, PGN stopped the processing of all pending adoption cases including the acceptance of new cases, acceptance of cases with previos and the review of cases previously submitted. PGN has however continued to release those cases in which reviews/approvals had been completed as of December 31, 2007. The processing of pending adoptions will begin with the registration of those cases with the Central Authority no later than 30 business days after January 1, 2008 (approximately February 11, 2008).
Both USDOS and USCIS continue to process adoption cases, including the issuance of visas, released by PGN.
Formation of the Central Authority
As required by the new adoption law (Decree 77-2007), the Guatemalan Supreme Court, Bienestar and Ministry of Foreign Affairs have appointed Rudy Soto Ovalle, Marvin Rabanels and Anabela Morfin respectively as their representatives to the Central Authority. The installation of these representatives occurred on Friday, January 11, 208. It should be noted that while the law calls for the appointment of the representatives within 14 business days (approximately January 18), Joint Council is encouraged that the appointments have occurred sooner than required.
It is expected that within days, these newly appointed representatives will meet as the Central Authority and establish (1) procedures by which pending cases can be registered and (2) definitions of ‘cases in process’
Registering of Cases
All cases which are in process, as defined by the Central Authority, must be registered within 30 business days of January 1, 2008 (approximately February 11, 2008). Through considerable discussion with all stakeholders, the representatives to the Central Authority have acknowledged the importance of establishing definitions and procedures by which the pending cases can be registered. Given the early formation of the Central Authority and expected release of the definition and registry procedure Joint Council and others remain confident that the registry of pending adoption cases will be completed within the requirements of the law (by approximately February 11, 2008).
New Referrals
Joint Council issued a recommendation that no new referrals be issued after October 1, 2007. To date Joint Council has not amended that recommendation and continues to urge all adoption service providers and potential adoptive parents to refrain from issuing or accepting referrals.
Some adoption service providers continued to issue referrals as recently as the week of December 24. Given the law’s requirements, the lack of a clear definition of ‘cases in process’ and other uncertainties, the ability of the these cases to be registered and ultimately completed under the Notorial process is in serious question.
Applying for a Guatemalan adoption
Recently some have suggested that the passage of the new adoption law will allow potential adoptive parents to apply with the Guatemalan government for an adoption under the new system. While the new law does allow such applications, no procedures currently exist that would allow such an application. In short, applying with the Guatemalan government for an adoption is currently not possible.
Applying with a U.S. Adoption Service Provider
Given the following circumstances, Joint Council urges all adoption service providers and potential adoptive families to refrain from submitting/accepting applications for a Guatemalan adoption at this time.
* No established regulations, procedures or process currently exists for the submission of an application with the Guatemalan government.
* Currently Guatemala has limited capacity for the provision of social services such as intercountry adoption.
* A time-line for the implementation of intercountry adoption related social services has been announced.
* The new law requires adoption services providers to be accredited under The Hague in the United States and also seek and obtain accreditation from the Guatemalan government prior to participating in adoption services in Guatemala.
o The Hague Convention and subsequent accreditation of U.S. based adoption service providers will not be in force in the U.S. until April 1, 2008.
o The process of accrediting adoption service providers by the Guatemalan government has not been announced.
Advocacy
As part of the Guatemala 5000 Initiative, Joint Council continues to advocate for the following definitions and regulations related to the finalization of all transition adoption cases. While Joint Council’s advocacy on this issue is widely known by the U.S. and Guatemalan governments, a letter to the newly appointed members of the Guatemalan Central Authority detailing our specific recommendations (see below) will be received on Wednesday, January 16, 2008.
In addition to our ongoing engagement with the USDOS, USCIS and UNICEF, Joint Council has also requested a February meeting with the government of President Alvaro Colom.
Joint Council Recommendations
1. A case would be eligible for the grandfather status provided that by December 31, 2007 the case had:
1. a Power of Attorney (POA),
2. the POA was registered with the Supreme Court,
3. the Acta de Requerimiento had been issued
2. The case would be officially grandfathered upon its registration with the Central Authority during a 30 day period beginning December 31, 2007. The 30 day period represents 30 business days.
1. Cases already “in” PGN (cases where an Aviso has been issued) would be considered to be automatically registered with the Central Authority thereby negating the need for a separate and additional act of registration.
3. Recognizing that PGN is registered with The Hague as a competent authority, all eligible cases would be registered with the Central Authority via the PGN.
DOS Statement:
January 9, 2008
The Department of State advises potential adoptive parents and adoption service providers not to initiate new adoptions from Guatemala because of the great uncertainties surrounding implementation of Guatemala’s new adoption law.
We do not know when the Government of Guatemala will be prepared to process cases under the new system set forth in the new Guatemalan adoption law that went into force on December 31, 2007. The Government of Guatemala is now working to put into place the infrastructure necessary to implement the provisions and obligations of the new law. We understand that a Central Authority may be in place very soon and is expected to quickly ratify and publicize the registration procedure required for adoptions initiated prior to the law’s effective date. But the full process must be in place and functioning before an adoption can be completed under the new law. There is no process in place at this time.
In addition, the new Guatemalan law appears to prohibit new adoption cases with non-Hague countries. Article 39 states that "in international adoptions, the persons who wish to adopt a child must initiate the process through the Central Authority of their country of residence, which will forward the request and appropriate certifications to the Guatemalan Central Authority." Since the U.S. Central Authority will not begin processing Hague adoptions until April 1, the new Guatemalan law does not appear to contemplate U.S. adoptions until after April 1.
Finally, we cannot guarantee that adoptions will continue between the United States and Guatemala after April 1, 2008, when the Convention goes into force for the United States. The Convention prohibits all members from processing adoptions from member countries that do not have Hague compliant adoption processes. As a consequence, the United States and other Hague Convention countries will have to determine whether the new process in Guatemala meets Convention requirements. If a fully Hague compliant process is not in place in Guatemala by April 1, 2008, the United States government will not be able to process new cases with Guatemala. While we will assist the Guatemalan government as much as possible to ensure that the new processes are sufficient, we cannot at this time predict whether or when we will be able to process adoptions from Guatemala after the Convention goes into force in the United States.
With regard to currently pending adoptions (those initiated in Guatemala before 12/31/2007), the U.S. Embassy in Guatemala remains committed to processing adoptions according to previous rules. The Embassy is working closely with the government of Guatemala to help complete those cases as soon as possible.
"The Embassy is working closely with the government of Guatemala to help complete those cases as soon as possible."
I really hope this is true. After over a year in country and fighting the corruption, I pray the Embassy is really going to help us come home asap.
I hope this includes PGN not holding approved cases for 2 months, each time they are submitted.
I don't understand the need for that. Hopefully, PGN will releases us ASAP :D
Posted by: airstar98 at January 14, 2008 02:09 PMWell this sounds bleak for the future of adoptoin in Guatemala (realistically apprehensive anyway) but it sounds very optimistic and hopeful for those of us already in process.
I hate to hear that they future of the children of Guatemala is so unclear but as a "pending PAP" that is encouraging for our situation.
Posted by: Jordan at January 14, 2008 02:09 PM"and the review of cases previously submitted."
What do they mean by this? I thought cases IN PGN and not KO'd were continuing to be processed???
Posted by: pvida at January 14, 2008 02:14 PMthis is great news for a monday... hopefully we will have more "concrete amswers" as the week goes on.... there are still so many unanswered questions..
Posted by: alex at January 14, 2008 02:16 PMKevin -
Thanks for posting this. I am confused about one thing though. According to JCICS PGN is not processing cases submitted before 12/31. I thought those were being processed but it appears that the only benefit to being in PGN before the end of the year is that you are already registered with the CA. Any thoughts?
So great to see more signs of progress!
We are also in PGN- our case entered 12/12/07. When I called down to the PGN late last week, they said we were with the second reviewer and that it would maybe be one or two more weeks till our case was out. So I agree with pvida and Lynn-the statement from JCICS seems to indicate that cases that were in PGN but still under review as of 12/31/07 were suspended as well. What PGN told us does not seem to jive with the JCICS statement.
Our daughter (adopted from Guatemala July 2001) has been carrying a baby around non-stop since her and I visited our son in early November. She calls him Edgar (our son's name) and takes him everywhere (church, shopping, train show, restaurants, you name it). I don't know who is more anxious to have the real Edgar at home- her, myself, my husband, or my 3 year old son! Thank God everyone seems to be getting closer to uniting with their children.
My heart continues to ache for the future children that may not have the same chance at a good family due to all the looming changes. I am sickened.
Ok, this came up in the adoption.com forum. Is there a possibility that the US Embassy in Guatemala will try asap to do their part in getting adopted children visa's to the US, because as of April 1st, they may not be able to give visa's to adopted children???
Just wondering why the rush "asap", when in the past they have not rushed anything to help us.
"The Convention prohibits all members from processing adoptions from member countries that do not have Hague compliant adoption processes."
So, does this mean that adoptions that are not completed by April 1, 2008, even if in process now, will/may not be able to get a visa for the child to get into the US.
Posted by: airstar98 at January 14, 2008 03:26 PMBy "submitted" I think they mean where the file is currently in PGN. And folks, don't worry about what cases PGN says they are and are not currently working. Look at how timelines have always varied in PGN. This minutia isn't relevant in my opinion. But I think the deal right now is that if your case isn't currently "in" PGN - either because it was never in or was KOd and not yet put back in - then your case isn't moving anywhere until the CA takes registration. If your case had been approved by the reviewer prior to Dec 31, then I think it may get released now with no CA registartion. If it was in PGN but not signed off on prior to 12/31, then who knows what they are or aren't doing and I think it will need to be registered prior to be released. Of course, the CA's designation of how one registers may make this a moot point because it could be something ever case has, ie the aviso, before going into PGN..
Airstar - NO NO NO NO NO. US Hague implementation will have NO impact. DOS has been 100% clear many times that to the US, any case where the I600A was received by DHS prior to us implementing the Hague, is not a Hague adoption. The embassy WILL process all of your cases!
Kevin
Guatadopt.com
the embassy is saying that they will try to complete cases as soon as possible, but what about the 60 day wait after the dna or is that another department of the embassy?
Posted by: mary at January 14, 2008 04:11 PMdoes anyone know if and where i can find this info in spanish?
Posted by: amelia at January 14, 2008 04:21 PMDid I read that cases must be registered within 30 business days beginning Jan 1st 2008? So all the in-process cases have to be registered in that time frame? I am concerned about this since our case has been stuck in the tribunal appeals court along with many other families for months now. How will our lawyers get our cases registered in time? Am I understanding that correctly?
Posted by: sally Rowe at January 14, 2008 05:15 PMWe are a case that was told by PGN that it had been approved by all reviewers prior to 12/31 but was waiting on final signature. We still don't have it though. Last week PGN said the end of last week it would be done and now they say the end of this week it will be done, so who know. I don't think that Laura from PGN is really sure exactly how long anything will take.
Posted by: Amy at January 14, 2008 05:17 PMMary, the 60-day visa pre-approval wait is part of the "as soon as possible" - remember, all cases are enduring extra scrutiny and have been for about a year now. HTH Lisa
Posted by: Lisa at January 14, 2008 05:22 PMWhat about if your case is in PGN but without PA and you have yet to be kicked out of PGN because of this and we still do not have PA? I am just so frustrated with all of this. Im not sure how much more I can take!
Posted by: Marcie at January 14, 2008 05:51 PMWarning: Adoptions Initiated on or after December 31, 2007 in Guatemala
January 9, 2008
The Department of State advises potential adoptive parents and adoption service providers not to initiate new adoptions from Guatemala because of the great uncertainties surrounding implementation of Guatemala’s new adoption law.
We do not know when the Government of Guatemala will be prepared to process cases under the new system set forth in the new Guatemalan adoption law that went into force on December 31, 2007. The Government of Guatemala is now working to put into place the infrastructure necessary to implement the provisions and obligations of the new law. The National Adoption Council, Guatemala's Hague Convention Central Authority , was installed on Jan. 11 and is expected to begin initial operations soon and to quickly ratify and publicize the registration procedure required for adoptions initiated prior to the law’s effective date. But the full process must be in place and functioning before an adoption can be completed under the new law. There is no process in place at this time.
In addition, the new Guatemalan law appears to prohibit new adoption cases with non-Hague countries. Article 39 states that "in international adoptions, the persons who wish to adopt a child must initiate the process through the Central Authority of their country of residence, which will forward the request and appropriate certifications to the Guatemalan Central Authority." Since the U.S. Central Authority will not begin processing Hague adoptions until April 1, the new Guatemalan law does not appear to contemplate U.S. adoptions until after April 1.
Finally, we cannot guarantee that adoptions will continue between the United States and Guatemala after April 1, 2008, when the Convention goes into force for the United States. The Convention prohibits all members from processing adoptions from member countries that do not have Hague compliant adoption processes. As a consequence, the United States and other Hague Convention countries will have to determine whether the new process in Guatemala meets Convention requirements. If a fully Hague compliant process is not in place in Guatemala by April 1, 2008, the United States government will not be able to process new cases with Guatemala. While we will assist the Guatemalan government as much as possible to ensure that the new processes are sufficient, we cannot at this time predict whether or when we will be able to process adoptions from Guatemala after the Convention goes into force in the United States.
With regard to currently pending adoptions (those initiated in Guatemala before 12/31/2007), the U.S. Embassy in Guatemala remains committed to processing adoptions according to previous rules. The Embassy is working closely with the government of Guatemala to help complete those cases as soon as possible
Just read that new warning from the Department of State. It seems quite serious warning not to initiate any new adoptions. Too much information, at the end, my wife and I, wonder whether to believe that really one day will have our son home, whether everyone is really working together to help complete pending cases or others as soon as possible as all are claiming. It seems that we need a miracle to have our son home. Really, we need a miracle, nothing more.
Posted by: jeff at January 14, 2008 11:48 PMI was submitted on 12/06 am now at second reveiwer. I would really like to know if PGN is still processing cases or not. JCICS statement was not clear on this matter of folks who are in PGN. My agency is telling me no processing until central authority. I am happy for all of us getting our cases completed. My prayer is that all children in Guatemala will have a family to love them.
Posted by: kelly at January 14, 2008 11:49 PMHey Kevin,
Please, I am very worried what is this new warning from the State Department.
It is so confusing.
Thanks!
Posted by: maria at January 15, 2008 12:07 AMKevin, Please review the ads that Google has on the right side of the guatadopt page, as there is one from faithfuladoptions.com that says "Guatemala Adoptions No waiting time for a referral Healthy newborn girls and boys". Can you get Google to omit such ads? Certainly they are no longer appropriate, and go against the message you are putting forth. Thanks for trying to be a voice of reason among the hysteria.
Posted by: Suzy at January 15, 2008 12:14 AMHi, please someone tells me what is the meaning of this new article from DOS. Lots of talks, promises and hopefully actions at the end.
I won't believe my eyes my husband and I, the day will bring our daughter home. So much confusion, again hopefully more actions, actions, actions.
Thank you!
Posted by: cathy at January 15, 2008 06:53 AMDon't read more into these statements then there is. They are both reiturating what's been posted on this site for a while.
The CA has been formed and sworn in. They have an office. They recognize the time crunch. They acknowledge the need to get the registration definition and process in place. Right now, PGN isn't letting anyone in or out unless the case had been approved prior to 12/31. And DON'T get duped by anyone into believing you can start a NEW adoption anytime in the near future.
Kevin
Guatadopt.com
Suzy,
We have no control over the ads unfortunately. They are 100% Google.
Kevin
Guatadopt.com
I'm hope the CA releases a clear and concise definition of "in-progress". The little girl I'm trying to adopt is undergoing abandonment (after being kicked out of PGN). It's been a two year ordeal so far but these last few months have been the most unnerving by far.
Posted by: Susan at January 15, 2008 08:08 AMI am just curious if anyone knows what happens if you get kicked out of the PGN after CA starts taking cases?? We have a document expiring the 14th of Feb and not sure if we will be out by then, anyone have any idea? side note, suzy I clicked on that google ad and it does say that there program is on hold...Blessings!
Posted by: Ashley at January 15, 2008 10:04 AMHi Kelly,
We too were resubmitted on December 12tha and are at the 2nd reviewer. I was confused by the JCICS statement so I called PGN this morning and spoke with Laura. She told me that the cases, like mine, that were being reviewed - PGN was still working them and were not having to wait for the new Central authority. I told her what I had read and she assured me that the wording was confusing but that my case was still moving forward in PGN. She is really helpful and very polite!!
I will be praying for your family as well as all of the families who post here.
Suzy,
If it makes you feel any better, I clicked on the faithful adoptions web site and they said that their Guatemalan program was on hold.
Kerri
Posted by: kerri bogda at January 15, 2008 01:49 PMAshley, We have already been approved by PGN just but we went into PGN in August and had some things expire in September. We did have three kickouts, but never for expired papers, actually nothing on our end at all. Our agency told us that as long as it was current when you first entered PGN then it would be accepted. I know they seem to do differents things with each case, but it didn't affect my case. It was a notary and our homestudy agency license that had expired.
Posted by: Amy at January 15, 2008 05:51 PMI was close to receiving a referral when our agency stopped referrals and now I am just waiting to see what happens. I am concerned what is happening with babies being born now whose mothers want to make an adoption plan. It is also not sounding optimistic that new adoptions will be ready by April 1 or even soon after. Any thoughts?
Posted by: Melissa at January 15, 2008 07:01 PMThe JCICS site states they recommend that cases have an Acta de Requerimiento issued in order to be grandfathered (plus a POA registered with the Supreme Court). What is an acta de requerimiento? Thank you!
Posted by: Lynn at January 15, 2008 09:49 PMAmy~thanks for the info!I was a little concerned about that. I will be getting it to PGN before then because I am leaving the 28th to finish fostering our son down there, and am debating just taking the paper myself to the PGN. I appreciate all the help from everyone! Blessings!
Posted by: Ashley at January 15, 2008 11:46 PMkevin,
I am in family court and have been since the 1st of Dec. our girl has been relinquist my her mother. we have received our matermity test report on 1st of Dec. I belive we are at the stage wher the embassy reviews our resulths and submits to PGN. we need to get pre- approval.
Are we OK???
Thanks
Hi All,
Our agency sent us this today. It sounds like a positive step forward...
"Dear Clients,
All attorneys that have pending cases have been called to a meeting with what is to be the NEW CENTRAL AUTHORITY on Thursday January 17, 2008. The attorney's will attend to find out what they are suppose to do to register your cases with the new CA.
As soon as we know what transpires from this meeting we will contact all of you."
Posted by: allison at January 16, 2008 03:49 PMAnyone out there knows something new about the registration with the Central Authority?
Thank you.