The ever developing saga of the Central Authority continues...
The news for the day:
1.) The Good News: The CA is accepting registrations again. Attorneys do receive a stamped document showing the date the case was submitted. The Bad News: To my knowledge, no contrasenas were released.
2.) The courts denied the amparo of Anabella Morfin. This means that the three CA appointees are all official for the time being.
The ADA has posted a great FAQ on the CNA that you can find here: http://www.adaguatemala.org/English/news/
Click on more for some perspective, analysis, rant, or whatever it is you call what we do...
Right now is a time to realize that for everything that isn’t happening, there is also a lot that is. Despite some predictable bumps in the road and some unforeseen political woes, there is a Central Authority created before the deadline and cases can be submitted for registration. Despite the fact that the adoption law was approved by Congress less than 60 days ago, during which time the Christmas Holidays passed and a new president was inaugurated, they got to where your cases SHOULD be safe so long as they have been submitted. The law says they must be registered and it would seem that happens when they are submitted, even if the proof of registration, ie the contrasena, is received later. I think the important thing is that ALL cases get submitted to the CA using the form they developed.
It really sucks that cases can’t get back into PGN and that everyone is being delayed. Any unnecessary days a child spends away from permanency are a shame, don’t get me wrong. But somehow from my vantage point, things so far as in-process cases could be a lot worse all things considered.
Since when have I ever been the “cup half full” kind of guy?
I know that it is really hard to follow all that is going on with all the lawsuits. With an amparo here, an ampao there. Here an amaparo. There an amaparo. Everywhere an amparo amparo. These poor kids just need a home, ee ii ee ii oooh In all seriousness, try to follow this.
The CA is led by appointees from three Guatemalan government entities. One is from the judicial branch (Supreme Court) and two are from the executive branch (SOSEP and Foreign Ministry). There has been a legal battle underway to determine whether President Colom had the right to replace the two Berger-appointed members from parts of the executive branch. Remember, these were people who were sworn in just a weekend before Pres. Colom took office.
Admittedly, I like Colom’s overall philosophy having nothing to do with adoption so maybe I’m a little easy on him. Considering the importance of this issue, the fact that the CA was starting from scratch and the Berger appointees hadn’t even worked a day before Colom took office, makes me wonder how you can blame the guy for wanting to appoint his own people to represent the executive branch?
Today the courts overturned the previously granted amparo of the last Berger appointee, basically clearing the way for the Colom appointees to get running. The two replaced members will appeal, but for the time being there is no legal controversy over who heads the CA. To my knowledge, there are not two Central Authorities and it should be clear who has the authority to sign on behalf of the CA.
This court battle seems to have impacted the release of funds allocated for operating the Central Authority. Hopefully, with the courts ruling in favor of the President, those funds will now be able to be released. And if the CA needs volunteers, I think we’ve got about 3,000 of them willing to help with the administrative work.
It is wrong for children to ever be caught in the middle of politics. But they often are in the real world. I’m in no way taking sides in all of this or trying to say everything is peachy keen. It isn’t. I suppose I am just a little bit sympathetic with the predicament officials in Guatemala found themselves with. And despite all these bumps, the courts got this political mess cleared up pretty quickly, pending appeal. The reason why I downplay the appeal is that the fact that both were refused makes it so that until some time when they possibly win an appeal, the courts have said who the members of the CA BOD are.
I firmly support the idea of extending the deadline due to the delays. I do not know if that could be done by President Colom, the CA, the Guatemalan Congress, or any of the above. But it should be done to ensure what everyone agrees with and is in congruence with the law – that the in-process cases be completed.
I have huge concerns over what this law means for some Guatemalan children in the years to come. That should be the focus of energies. That has nothing to do with the fact that I personally still hold my belief that the grandfather-able cases will be completed. Getting caught in the middle of these messes is horrible. I am a 2003 Hague survivor after all. But when I compare then with now, this doesn’t seem as bad where in-process cases are concerned.
In 2003, we existed with NO legal system to complete an adoption. Today, you know your case needs to be registered and there is an office to do that. In 2003 your attorney was supposed to turn the file over to a black hole called the CA. Today, your attorney is only being asked to submit a form. Of course there is one huge piece still missing today and that is the release of the contrasenas. It understandably may take a while for them to get through them all, nonetheless it would be really nice to see them starting. So please Consejo Nacional de Adopciones, don’t make a liar out of me and start printing those puppies!
We have received a number of requests regarding campaigns to address the current situation. As always, Guatadopt is a grassroots clearinghouse free from the restrictions of most other adoption e-venues and if you build it we will post it (some restrictions apply of course). I respectfully request everyone to seriously think about what it is you are asking for given all I have written above.
Posted by Kevin at February 4, 2008 11:20 PMThanks, Kevin, for taking your time to give us some sound news! This seems very hopeful on a Monday! I have faith this means things will start moving out of our "holding pattern" into processing our cases toward bringing our precous children home! Cheri
Posted by: cheri68 at February 5, 2008 12:29 AMThanks Kevin
your amount of detailed info is awesome
and you have a good persective too
seems there is a little bit of progress
Thanks!!
Posted by: chris at February 5, 2008 01:00 AMLots of info packed in there--thanks. Hoping to see certificates soon...
Posted by: LeAnn at February 5, 2008 07:22 AMKevin,
This is WONDERFUL news in light of all that has been going on. The wait time is not so bad if you know that things are moving... over Christmas when everythin just seemed to stop, the indefinateness of everything was almost unbearable, "Will we make it out of PGN before the deadline" etc.
Thank you for keeping us posted even though I am sure that is a huge job at this point.
Here's prayers we all get certificates soon and that PGN doesn't drag their feet once they are issued! :o)
Posted by: Jordan at February 5, 2008 07:44 AMThanks for an insightful and hopeful post.
Kevin, I appreciate your and guatadopt's, tireless reminders that the future of needy children in Guatemala is scarier than the problems facing our individual cases right now. I worry about our case, but I truly go beyond myself with worry thinking about all these kids without homes or support. I pray for them and their families.
Posted by: Heather at February 5, 2008 08:56 AMWhy does the DOS, in its 2/4 urgent update, advise PAPs to register with two Central Authorities? Do our attorneys in Guatemala know how to find both CNAs and what they need to do to register our cases at both?
http://travel.state.gov/family/adoption/intercountry/intercountry_3948.html
We signed POA in late December. The attorney is already pressuring us for $$$, (the installment that wasn't supposed to be due until we entered PGN.) They want it now--TODAY!. Shouldn't I wait until we get a copy of the "contrasena" or some kind of proof that our docs were submitted to the CA?
Posted by: Sophie at February 5, 2008 10:52 AMI just read on another forum that DOS has posted the following which says their are two Central Authorities and the new one with Colom's people are going to put out thier registration process soon. Ok seriously this is RIDICULOUS cant they just take what we have already filled out and GET ON WITH IT and give us our proof of registration document?? GIVE US A BREAK. http://travel.state.gov/family/adopt...ntry_3948.html
Here's what it says:
Guatemala Urgent Update on Registering In-Process Cases with the National Adoption Council. Action Required Before February 12, 2008
February 4, 2008
Adopting parents and adoption service providers should be aware that the Government of Guatemala has informed the Department that it has installed a new National Adoption Council (CNA) as Guatemala’s Hague Convention Central Authority for adoptions. Moreover, the Government of Guatemala has informed the Department that it will soon announce the process for registering those notarial adoption cases that were initiated before December 31, 2007, with the new CNA. This is a separate, independent registration process from the one begun under the original CNA, named by the previous administration under former President Berger.
According to the Government of Guatemala, it has formed the newCNA on the basis of provisional decisions by both the Guatemalan Supreme Court and the Guatemalan Constitutional court, and that the new CNA’s first priority will be to proceed with the registration process. No final court decision, however, has been made concerning which of the two CNAs will ultimately have authority over the registration process. It is possible that a final ruling will not be made until after February 12, 2008, the date when the registration period established by the new adoption law ends.
The Department advises adoptive parents and adoption service providers with adoption cases initiated before December 31, 2007, to register adoption cases with both of the National Adoption Councils. Please register immediately to ensure that pending adoption cases are on record with both CNAs before the February 12 deadline.
The Department will post on this website all further information received from the Government of Guatemala, including any instructions on how to register with the new Central Authority.
Excellent info as usual...Thanks Kevin. I do have one question after reading the JCICS post...
What about cases that registered with the CA on the initial 1 page form ? Should the 4 page form be filed additionally in case the court upholds the legality of this form over the 1 page form ? Would we be precluded from filing the 4 page form if upheld after the 2/12/08 date? The post didn't address this issue....any thoughts ?
Thanks again for all you do guatadopt!
I am very excited to have found guatadopt. The information and links have helped me to understand what is happening in Guatemala MUCH better. I continue to have hope that we will bring our little (almost 4y.o) girl home soon (ok, at least before she is 16!!!)
Posted by: TJ at February 5, 2008 02:30 PMKevin
It appears on the ADA website today, that the Guat government is stating to the US DOS that there are 2 CA to register cases with? However, no one knows where the second CA is located.
Any information? Yesterday ADA said there was only one CA location on the answer/question posting.
Thank you
Call the US DOS AND PRESSURE THEM TO HELP. Called 1-888-407-4747 then option 2 for adoption. Also call Brykyta Shelton direct at 202/663*3748.
Posted by: Bob at February 5, 2008 05:05 PMOur Guatemalan attorney tried to register a case today with CA and was turned away. She confirms that they will not accept applications or issue certificates until the fued is resolved. Did anyone else hear this today.
Posted by: CR at February 5, 2008 05:06 PMI'm also concerned about the information posted by the DOS. Could it be that they missunderstood? It is hard to believe, but possible. We all learned today that finally there are official members running the CNA and that finally there is a new CNA in place. I think that when they say a new CNA is because it has new members and they are now the official members and no a new CNA in addtion to the existing one. I emailed ADA about it for confirmation and I also went to www.jcics.org and they don't have anything posted about 2 CNAs.
Posted by: Irlenne at February 5, 2008 05:26 PMDOS has removed their statement. I don't know why, other than maybe because it does not mesh with everything else we are hearing. So far as we know, there is only one CA.
Hopefully DOS will explain...
Kevin
Guatadopt.com
Kevin: The DOS comment is still there ... I just saw it.
http://travel.state.gov/family/adoption/intercountry/intercountry_3948.html
This is soooooo very confusing.
Pam
If we have PGN Approval and we have been waiting and waiting since the last of November for our Mixco BC...do we need to register with the new CA????
My agency says "no"....any advice would be appreciated as I am starting to get uptight.
-Rm
Kevin,
There are a few confusing points in the ADAGuatamala article.
First, they also mention that there are 2 CNAs. Yet, you said that they removed that statement and there is only one. Where/how did you find this out?
Second, the ADA article mentioned that all 3 Berger CNA members resigned. Yet, they only mention 2 Colom CNAs. Who is the 3rd?
Third, you mention that registration has begun again. Are you sure? According to the ADA's article, the "new" CNA members need to review that registration form. It may not hold. This implies that registration has NOT started up again. Also, if they don't have a third member yet, then they probably need to wait awhile until registration begins again. (They could have everybody filling out the current form, then come back and state that they aren't valid because the new CNA members hadn't voted on them yet.)
You made it sound like things are definite. Based on how I read the ADA info, although they aren't all-knowing, they haven't appointed a 3rd member for the CNA, they aren't registering yet, need to review the current 4 page registration form.
Confused,
Bethie
Pam - nothing links to the notice. Not their latest notices page or their Guatemala page. So I guess they removed the links rather thanpulling down the URL...
Bethie:
To #1 - Susana was just reporting what DOS said at that time about two CAs an d the fact that no one in Guatemala could find any profo of it DOS did pull down the statement because it no longer applied, situations had changed. They confirmed that to me this evening as well as to Ethica (as posted on the Big List).
To #2 - The two Berger appointed members (and their surrogates I believe) were fired, replaced, call it what you may. Exactly as I wrote last night. They lost their court battle to get their jobs back, keep their jobs, call it what you may. Last night, it appeared as though both of them were going to file further appeals. This afternoon they apparently said to hell with it and dropped their challenges. I applaud them for doing what's right. So they didn't resign or quit, they merely dropped their appeals and left office so to speak.
The third person mentioned did resign out of solidarity with the fired folks because she felt they had been wronged. This person was the surrogate for the one member of the BOD who had not been fired.
#3 - What I knew to be the case last (Mon) night was that the CA was accepting cases, but none had been released. This (Tues) afternoon, all this legal stuff came down and apparently they stopped taking them. I was not on a computer all day today. I was in meetings and on an airplane.
It is a mess but it is one that is being sorted out. The story is constantly changing. So much so that even DOS pulled a statement.
The news for today is that alas there is no controversy over who the CNA is! They know their first goal is to get this done. Like everyone, I really hope they just keep the form that was done already and extend the deadline. I don't want to jinx it but after all, it is what would make sense.
Kevin
Guatadopt.com
To Sophie,
Absolutely wait until you have a copy of the confirmation of your contrasena AND until you have confirmation of a DNA match to confirm you have a viable adoption. And still, it seems something I would be reluctant to do unless I had something in writing, some payment still due, and reason for such a premature payment in the process. Good luck!
Lilian
Posted by: Lilian at February 6, 2008 07:18 AM