DOS has a new announcement. And it gives some details on dates, registration, who must register, etc. Lots of good info in this one.
To read it: http://travel.state.gov/family/adoption/country/country_3908.html
Or click on more...
From the US DOS website:
Guatemala: Registering In-Process Cases with the National Adoption Council
January 2008
The adoption law passed by Guatemala’s Congress on December 11, 2007, permits notarial adoption cases initiated before its effective date of December 31, 2007, to be completed under the old notarial process, provided those cases are registered with the National Adoption Council (CNA), Guatemala’s Hague Convention Central Authority for adoptions, within 30 business days after the effective date of the law. Unless a case has already received a favorable opinion from the Guatemalan Solicitor General’s office (PGN), it still needs to be registered with the CNA to be eligible for processing under the old law. The Embassy, therefore, recommends that prospective adoptive parents confirm with their Guatemalan legal representatives that this registration "Aviso" has been filed with the CNA for their adoption case.
Following receipt of the “Aviso” by the CNA, they will issue a confirmation of registration (“Constancia”). Cases are considered registered and pending only if a “Constancia” has been issued. Filing the “Aviso” with the CNA before February 12, 2008, should be sufficient to register the case, even if there is a delay in issuing the “Constancia.”
Prospective adoptive parents should be aware that the Government of Guatemala is engaged in establishing the CNA and that the definition of “registered case” is still subject to change. Prospective adoptive parents should remain in direct contact with their adoption service providers to ensure that any requirements set forth by the Government of Guatemala are being met.
Posted by Kevin at January 29, 2008 10:20 PMAn apology.. Any comments to this thread posted Tues night or early Wed were accidentally deleted.
Mea culpa,
Kevin
Guatadopt.com
I was told from my agency that my case is not being accepted by the CA because my dossier didn't get there by Dec 31st. My POA was there 12/5, DNA results 12/17 and FC 1/12. Has anyone else heard this? Please let me know either way. Thank you.
Posted by: Concerned mom at January 30, 2008 07:50 AMIt's good to finally get some details at least that give some hope so we don't feel completely alone and abandoned by USCIS/DOS.
RE: CA forms
Ok, I just spoke with my attorney and she said that she is going to try and pick up some Constancia today, so I will post as soon as I hear if the CA released them.
Second, there have been some families who have reported that their attorneys are refusing to submit the CA forms for their case.
I did ask my attorney about this and she said that some attorneys, don't like the CA form, so they have submitted their own form with the information required by law and they submitted that to CA.
I said, "No, I'm talking about attorney who are refusing to submit anything to CA"
She said that is their responsibility and that I shouldn't worry about that, lol, sorry.
I asked several times for why she thought they would not submit their families and she kept saying, don't worry about them, it's their responsibility.
So, what can you do? The Embassy's statement is very clear that PAP's have got to get confirmation that their attorney registered them with the the CA.
Those who are having problems with their attorneys, may need to contact their agency and put the pressure on.
Now, maybe, the PAPs or agency can also submit, the form filled out. The info is basically the same that is required for the PGN aviso, so maybe there is a way that you can get a copy of your aviso for PGN or even just submit as much info as you know to CA, so that you can have some document to show that you tried to register.
So we are now being told by the U.S. side that those approved by PGN recently do not need to file with the CA? But is there any confirmation of this from the Guatemalan side in writing anywhere? We have heard such mixed things. How does one know what the CA or Guatemalan government is saying?
Also, is this referring to cases out of PGN by 12/31 or cases that will be coming out today?
Any info would truly be appreciated!
Lees
Concerned mom,
Please send me a PM so we can discuss this.
arabellas mom
Posted by: arabellas mom at January 30, 2008 01:19 PMIn regards to comment by airstar; Are we able to contact CA ourselves? We are alittle concerned about our attorney. She told our agency we were in PGN on the 28th of Dec. only to find out on the 15th of Jan. we were'nt. We call out agency just about every day. Does anyone know if a confirmation is given at the time the paperwork is submitted? How do we know it was put in or denied by CA? Thank you,
KAG
Any news on the CA issuing a registration certificate or " costancia " ?
Please give us good news.
Vince
Posted by: vince at January 30, 2008 05:16 PMHas anyone been able to confirm that prospective adoptive parents are able to register with the CA themselves? Despite the DOS statement, neither the Embassy or DOS has been able to answer this question.
I'd also like to know if PAPs can re-register with the PGN themselves
Airstar - thank you for your insight and please post again if you have confirmation that PAPs can register themselves.
Last post got cut off - sorry.
Does anyone know if PAPs can re-register with the PGN themselves (or does your attorney or notary have to do this)? We are a 2x KO with PGN and want to register with the CA ourselves and then get back into the PGN ourselves.
All help is appreciated.
Posted by: BTGC at January 30, 2008 07:37 PMKevin, Kelly,
Do either of you have any insights or behind the scenes knowledge of what is going on with this amparo that I am hearing so much about? Our family's case is not being registered with the CA due to this amparo. Our family has pleaded with our adoption agency to file us, and the agency has told us that they can not (or will not) tell the lawyer to do that. We clearly have no say in this matter.
They are simultaneously asking us to send in another large payment. We are not comfortable doing this as we do not know how this situation with CA registration will pan out.
If you guys have any info on this amparo that you can share, especially when it is to be decided (as our lawyer is waiting for that) I would really appreciate hearing as our agency has basically cut off communication.
To other PAPs out there: Is it unusual to have contact with your attorney? We were told we aren't allowed to contact directly. Who does the attorney work for? Our agency says he is contracted through them. I thought I was paying for the attorney's services (and the agency's as well.)
Thank you.
On the amparo,
I know that an amparo was filed that has to do with whether the CA has overstepped its bounds on the registration form by asking for info they are not entitled to.
I also know that some attorneys are waiting for this to be decided before registering their cases. This is being done, from what I know, with full knowledge that the amaparo will be ruled on before the registration deadline. They also are ready to register if the amaparo isn't ruled on in time.
I'm not offering any opinions one way or the other on this. My druthers would be to just give them the darn info. Nonetheless, I do not know of ANY attorneys who are saying they will not under any circumstances register their cases.
Kevin
Guatadopt.com
Thought it is admirable for these attornies to file amparo and such for the future of the children of Guatemala. what about the PAP's who pay them their salaries? Do the PAP's pay them to be advocates of the adotpion, or just bring their children home? It think it sad, that these POOR Pap's are worried that cases will not be grandfather in, because their attornies are trying to prove a point, and don't care about the client's feelings (the ones who are paying them to bring their children home not to be Lobbyist for the future) I think they need to focus on their current cases.
Good luck Deboarah and all those that are in waiting
Barbara
Has anyone heard of cases coming out of PGN today?
Posted by: Mary Ann at January 31, 2008 04:18 PMWe did come out of PGN on Jan.31st
THANK GOD
My case came out of PGN on Thursday, Jan. 31. I didn't want to say anything in my earlier post, because I didn't want everyone to freak out. Sounds like at least a couple of cases came out of PGN before they officially shut down. My agency is telling me that I can expect to bring my little girl, Anna (4 months old!) home in 4-6 weeks.
Posted by: Mary Ann at February 3, 2008 04:10 PM