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May 06, 2008

Tuesday Update - PGN and More

Let me start by sayng that everyone needs to remain calm and not take at face value what the press, Guatemalan and US, say. Words like "supsends" can be used to make things sound different than they are, while techicaly being correct.

Please click on more for all I have for you today...

NOTE: Please remember our rules on comments. If you do not provide a valid e-mail address on the comment form we will NOT approve the comment. No one can see the e-mail address except for Guatadopt staff and it is kept confidential.

1.) Birthmom interviews - we do NOT have any info to indicate any plans for ALL birthmoms to be interviewed. I'm not saying it won't happen, just that we have no info to indicate it will.
2.) There were somewhere between 40-50 cases that had been approved by the old PGN regime but not yet picked up. PGN has sent out a courrier with a notice to the Notarial attorney on those cases with an appointment date of this Thursday for the birthmom, child, and foster mom to appear before PGN. They are usig the addresses given on the CNA registration form.
3.) On at least some of those addresses, the courrier was unable to find the attorney. Either the office was closed or in some instances it appears as though it is an incorrect our outdated address. PGN is continuing to try to locate these attorneys and I have no info on "what if" they don't locate them or if the appointment is missed. I also don't know which attorneys they need to locate.
4.) An amparo was filed with the courts to question PGN's legal right to do interviews when there is no probable cause. Note: my legal explanation may be incorrect, I'm not a lawyer
5.) On all of this, my advice would be to encourage folks to comply with the request and not fight while they wait for the ruling on the amparo. Everyone I have spoken to who has had contact with the CNA and the new folks at PGN says that they seem to be well intentioned and willing to work with the attorneys. One of my best contacts emphasized that I deliver the "don't panic" message.

Two other important things:
1.) We have learned that the CNA has been developing procedures for enacting the new system. We hope for those be offiicial and released soon so that children can once again find homes with permanent families. I have no info on the details of this, just that they are very close to being done!
2.) We have learned that there are a large number (100+) cases that were not registered with the CNA. Some of them may have been registered with the "original" CNA but not with Colom's. EVERYONE: make sure you got a registration number from the CNA. DEMAND IT from your agency and attorney. The "original" CNA did not issue numbers, just a stamp. So having a number should mean you are okay. If you find out your case was not registered, the adoption is legally invalid and could be in jeopardy. I would recommend you contact adoption supervisors and/or have your attorney officially petition the CNA for resolution.
3.) We've had some technical issues with the Abandonment case form. We're working on it...

Posted by Kevin at May 6, 2008 04:19 PM
Comments

If a case has since been submitted to PGN does that ensure it was registered correctly? We never got a registration number but WERE put back into PGN (and KO'd, and resub'd) since then so should we still push for a number or is it for cases that have not yet been submitted/resubmitted since the supposed registration?

Thanks for all the information!

Posted by: julie at May 6, 2008 04:45 PM

I have received confirmation from our attorney that he has an appointment, along with the birthmother, on Thursday morning. We do not know what will happen after that interview, but at minimum, it does confirm everything we are reading.

Posted by: JD at May 6, 2008 05:17 PM

Thank you Kevin. Thank you and everyone else at Guatadopt.com for your updates!!

Posted by: Diana at May 6, 2008 05:35 PM

Kevin, Thank you! I have said this before. I think we should all remain calm. Lets see what they have to say and see how they want to handle things. It sounds like things are more organized than in the past. I think we should see how things progress the next few days.

I've been in the process for 15 months now. It's been hard, but well worth every sleepless night and and every heart breaking good bye when I have to leave my boys there and return home. I too get angry with the whole mess, but I remain calm and read this site and more times than not they're right!! Give it a couple of days and lets see what happens.

I hope I am one of the 50 cases! We were out of PGN on April 21, but that's when our attorney was told she could not pick up the files. She did email me today, but at times she didn't have any news. If anyone has information on the attorneys or how to find out what files are ready, please let me know.

Posted by: Troy at May 6, 2008 05:48 PM

Let's hope they are not interviewing all bm's for the 2,200 cases because you stated they are only interviewing approx. 50 birthmothers on Thursday. As I stated in my comments yesterday, at this rate it's going to take well over a month!!!!! I understand your point on remaining calm but when you get to the final stage and have more red tape, it is just so frustrating; especially since the new regime should be focusing on setting up new procedures and not the old grandfathered cases. I understand they want to start cracking down but we aren't supposed to be the guniea pig for the new processes to be put in place. I am glad to hear the lawyers filed what they needed to today. That is the best news!!! Now I feel like they are at least looking out for our behalf. And lets face it, none of the adoptive parents are doing it for money...many of us are taking out loans and such to pay for the adoption so the point about us paying for our children and trying not to demand for much is rather infuriating!!! It is quite the contrary...most of us are in debt over the adoption!!! And let this be known...I hope they do make the process cheaper!!! A price should never be put on adopting a child. There was a time it was never about that. However, I do believe lawyers and agencies need to be paid for their services. If the new regime sets it up to operate under the government, I am sure in time they will charge a fee. They will need to be paying the people involved in processing the adoptions. I am sure they won't want to do it for free. My final note "Here here to the attorneys who filed against what they are trying to pull Pgn/CNA...Here! Here!

KD

Posted by: Karen at May 6, 2008 06:04 PM

Our attorney and birthmother also have an appointment on Thursday morning. I was told as long as the interview goes fine (which we expect it to) then the PGN will release our dossier to our attorney.

Posted by: Gina at May 6, 2008 06:10 PM

we too were approved just before the doors closed 4/21 but our case wasn't released. My worry is that our bm won't be located in time. She is not from GT (another CA country). so if we do have an appt Thursday and no bm shows..then what?

Best of luck to those with appts and bm that are easy to find. Please pray for all of us.

Posted by: A08 at May 6, 2008 06:19 PM

Kevin,
Is there any word on cases that are out of PGN, but waiting for birth certificates? Thank you

Posted by: Dot at May 6, 2008 06:19 PM

Kevin, Do you know if PGN is accepting any new cases now, or are they waiting until this "month" is over?

Posted by: Lou at May 6, 2008 06:50 PM

For those of you who have received notice of the interview on Thursday, how long have you been in PGN? I'm wondering if this is first in first out (so the cases that have been in longest are getting the first notices of interviews), or random as with everything else that's been going on. I can appreciate trying to protect these mothers who are claiming that their children are stolen - but how about a happy medium! I think they need to put the proper resources into these additional investigations so that the best interests of the children are served properly AND expeditiously. TIME IS OF THE ESSENCE!!

Posted by: AEC at May 6, 2008 07:00 PM

Here's what I don't understand ...

Will the new birth mother interview be the only requirement of PGN now?
Or ...
Do we still have to go through the reviewers, be signed off, AND the new birth mother interview?

Posted by: LMK at May 6, 2008 07:03 PM

Why is it so hard for someone with authority to just come out and tell us what is going on! This is one of the biggest frustrations! Is it any wonder that PAP's feel distrustful when no one at PGN is really telling us what we can expect (yet there are news reporters that some how *know*)? That is what makes us feel like they are just making things up as they go along. How about a little transparency coming the other direction.

Lo

Posted by: Lo at May 6, 2008 07:09 PM

we entered the pgn early febuary our agency told us that we should be out early may what that new law means ? our case will be treated or it mean that it will be suspended we did our power of attoney in november before the news law was issu in early january our file should be treated as the old law or that new law in effect can put us at risk thank you for the answer katia

Posted by: katia anderson at May 6, 2008 07:21 PM

Interesting...I spoke to a nice woman at PGN today. I asked her about my cases and told her that I am very nervous b/c of everything I have been hearing. She laughed (!!!) and said "Everything is ok - we are all working here" I thanked her for the information (still stuck at 2nd reviewer) and for all the work she has been doing.
I wonder what people in Guatemala are hearing that we aren't.

Posted by: waitingfor2 at May 6, 2008 07:24 PM

Kevin,
What about cases that didn't get through by the deadline? we were actually 4th on our agency's list when it closed and did not make the deadline.is there any hope for us? Is it possible all adoptions will open soon?

Thanks, Robert and Lisa

Posted by: robert at May 6, 2008 08:44 PM

I entered PGN with PA in February and my BM is being interviewed this Thursday. I was not told that my file was approved or that my lawyer would be leaving with it. I'm trying my hardest not to freak out about this interview.

Posted by: Janice at May 6, 2008 09:20 PM

I have attempted to answer the questions raised thus far and provide clarity on some points:

1.)Waiting for BCs – I’ve heard nothing. I assume it is business as usual
2.)Is PGN ccepting new cases – I believe so
3.)The current “scheduled” BM interviews are only for those cases had been signed off on/approved by the old PGN
4.)What will happen remains to be seen but I assume that BM interviews, either for all or some percent of cases, will be in addition to the normal protocol
5.)Families that did not have a case before the new law took effect – you need to wait for the new system and rules to be implemented. We hear that should be soon

Hope that helps.

Paz,

Kevin
Guatadopt.com

Posted by: Kevin at May 6, 2008 09:20 PM

I'm thinking that if I make it through this BM interview on Thursday will they give us a pass on the second DNA. Wouldn't this whole second interview be enough to confirm that it's the same baby.

Posted by: Janice at May 6, 2008 09:26 PM

I don't know what to say to everyone who is waiting and wondering when they will get to bring their children home. All i know to say is that I am praying for you all and for the blessed children of Guatemala. Thankfully we brought our son home in March and I thank God everyday for him. Keep the faith people, your babies will come home

Posted by: Nancy at May 6, 2008 11:19 PM

Any news about abondonment cases?

For these cases there isn't any mother to be interviewed.

Vince

Posted by: vince at May 7, 2008 12:11 AM

Are they only doing interviews for some of the cases that were approved?? Our attorney did not receive notification of an appointment time and we have been approved since 4/18. This worries me!

Posted by: mom24 at May 7, 2008 05:41 AM

We are adopting our son's biological sister and we were told that when the BM was told that she was extremely happy and cried with joy. I wonder under what circumstances are they bringing in the BM's to be interviewed. We were told that we were in 2nd review as of 03-25-08 and then one week we were told that our case was waiting for attorney to either sign or pick up now we are back to being in 2nd review. I wonder if this means that our BM is going to be contacted about an interview. Makes me nervous since my daughter is 9 months old already and my 2 1/2 yr old son wants to know where his "sitster" is... What do you tell him except in Guatemala and he repeats that or tries to any way....
Hope all turns out well for all of us.

Michelle

Posted by: Michelle Friend at May 7, 2008 06:25 AM

our to girls have been freed for adoption back in oct. of 07 by the courts in gua. the girls are now both 2+ years old. they were given up by their mothers'(abandon) then they were only about 6 weeks old. we only hear about cases of the mothers who are in process of giving up there child. but where are we in this big picture. lost in the paper work. you always hear it is in the best interest of the child. they already have my 50,000 dollars. so why should they be in a ---------. get my point.

Posted by: david at May 7, 2008 06:37 AM

Please know that we are praying for each of you to keep the strength needed to get through this craziness. We are blessed to have brought our son home recently, albeit after a 14 month wait - one that was worth all the heartache it took us to get him home with us - however I remain vigilant in knowing what is going on for my friends here who are still waiting for their child(ren) and am here to help when/if called.
Janice - the 2nd DNA test is required by the US; it is part of their safeguards that you are getting the same baby that was promised.
Keep the faith,
CEF

Posted by: CEF at May 7, 2008 08:33 AM

I read that some people call PGN to find out about their case(s), Can someone tell me how to call PGN and find out about my case? Is there someone at PGN that speaks English? I would greatly appreciate it.

Posted by: sandra at May 7, 2008 08:49 AM

I hope that the PGN/CNA leadership and employees are of good faith. It is very difficult for me to trust the system working out for the best. I haven’t heard any official announcement promising and reassuring that the birth mothers will be treated with respect and dignity. How well are women from lower socioeconomic status, and potentially of different ethnicities and illiterate, treated? I fear that the birth mothers will be chastised and humiliated in the birth mother interviews. And I fear that if they degrade and belittle her into rescinding her relinquishment, they will tell her that she isn’t fit to have the baby back, and what will happen to the children then? I’m sad to think this, and I hope and pray that they are not mistreated.

Posted by: hopingandpraying at May 7, 2008 09:08 AM

So tired of the roller coaster. I am numb and stay numb.......

Posted by: GuateMomof2 at May 7, 2008 09:17 AM

Janice wrote: "I'm thinking that if I make it through this BM interview on Thursday will they give us a pass on the second DNA"
Janice - the birthmother interview is being done by PGN which is GUATEMALAN. The 2nd DNA is required by the Embassy for your visa - in other words the UNITED STATES. I don't think one will substitute for the other either legally or in their actual purpose. PGN is interested in more than if it's the same baby.
vj

Posted by: vj at May 7, 2008 09:58 AM

KEVIN- according to your post and resources are telling you that only the files that have already been signed and approved are having birthmom interviews on Thursday. How is that someone who is a 4/4 resubmit and not approved is already getting a birthmom interview? This seems to be playing favorites to me and I am not having it. I have been in PGn for 8 months with a 3/3 resubmit and was waiting final signature and I will not hear of newer cases getting to cut in line to have these interviews. IF this is truly happening than I have to say this new PGN is just as corrupt as the old one and this is truly BS. I want to know what gives here? Someone needs to find out an put an end to this crap right now. I am so sick of this illegal and unethical political manuevering.

Posted by: Karen at May 7, 2008 10:20 AM

Kevin,
Do you know if the attorneys are being contacted of when the interviews are to take place. Would this be information I would be able to get from them?

Posted by: Sarah King at May 7, 2008 11:14 AM

The birthmother interviews are illegal. Plain and simple. They are not within the providence of the PGN - and although it may look like no big shakes to some, it is an attempt by the gov't of Guatemala to circumvent the good-faith, legal agreement that parents from the US entered into.

Our DOS has a responsibility to ensure that the legal process that US citizens entered into remains as it was. No changes. The changes are not legal and arbitrary - plain and simple. And there is a possiblity that some children will not come home now because of them. One child not coming home over these new rules is enough reason for all of us to contact our representatives in this country to protest.

The DOS has hung parents out to dry - this law was their baby. The enactment date was their call. It's time for them to see that the 2000+ children in process under the old law come home UNDER THE OLD LAW. Period.

Posted by: Stephanie at May 7, 2008 11:29 AM

Sounds like everyone needs to be proactive and cross their T's and dot their I's. Contact your agency and attorney and make sure things are still moving with your case, that they are not one of the lawyers being looked for (i.e. request they go to PGN to check on your case). I'm sure eveyone knows this, but your attorney email address is on the PA that you get in the beginning of your case. And like Kevin said, make sure that you get CONFIRMATION on everything, receipt in hand! Good luck, I'm praying for you all!

Posted by: Emily at May 7, 2008 11:40 AM

Kevin,

I have an additional question. What happens if the birthmother cannot be located (for whatever reason)? We had some difficulty at time of DNA and since it has been over 15 months it may be hard for her to be found. I am certain others face this issue as well. any word?

Thanks so much.

Posted by: A08 at May 7, 2008 12:16 PM

hi- this is our 9th month in PGN and we have had 4 previos. Could someone or Kevin please find out the system they are using in choosing which families birthmothers are going to be interviewed.We thank you Kevin for your constant work and updates. We lost our 1st child to SIDS while in PGN in Oct. of 2006. So as one can see, we have been waiting a VERY long time. Our daughter is now 14 months. You are all in our prayers.

Posted by: amy at May 7, 2008 01:04 PM

I have emailed every public official I can find in the US to help us get our children home. I believe that a specific time frame should be in every contract stating how long a county can hold up an adoption once both embassys have pre-approved it. When you sign up for an infant or a special needs child, you are ready at that time to give them a home. Eighteen months or two years later circumstances can change your outlook, making you question why you ever got involved in the humanitarian effort to give a homeless child a chance for a good life. Americans who do this are not made of money and this process can be a hardship for them as well and for what, trying to be a decent human being?

Posted by: Almost ready to give up! at May 7, 2008 01:56 PM

Karen
I feel your pain believe me but I thought that only SOME of the BMs are being interviewed. Wasn't it only the cases with questionable paperwork? Or paperwork that PGN thought still had "issues"?

Posted by: waitingfor2 at May 7, 2008 03:01 PM

Sara,
My attorney was contacted with the interview time. They did notify me of it, so your attorney should.

Posted by: Gina at May 7, 2008 04:20 PM

anyone hear from their contacts today???

Posted by: joan at May 7, 2008 04:24 PM

It's going from worse to 'worser'... Hot off the AP:

-----------------------------------------
May 7, 2008
Sister of Guatemalan lawmaker arrested in adoptions case
2 hours ago

GUATEMALA CITY (AP) — Authorities say a Guatemalan congressman's sister has been charged with human trafficking after police found nine children in her home awaiting illegal adoption.

Lawmaker Gudy Rivera Estrada says he hasn't seen his sister in three years and won't "lift a finger to help her."

Rosalina Rivera Estrada was arrested Tuesday and could face 12 years in prison.

The children were between 7 months and 1 year old. Attorney General Baudilio Portillo said Wednesday the children were placed in temporary homes while police investigate.

Guatemala has been the No. 2 source of adopted babies to U.S. parents after China, but the system is plagued with corruption.

The government on Monday froze for review 2,286 pending foreign adoptions.
_________________________________________

Posted by: Mitchell Myers at May 7, 2008 04:31 PM

I am very thankful for the work done on guatadopt. I don't get much info from my agency so I appreciate the information given here--it is a real sanity preserver--even if it is hard to hear some of it. I believe with all my heart that the Lord has adoption on His heart and He is going to bring these children home. Thanks very much Kevin and family. Oh yes, I would be interested as some others have been, if your case is one of abandonment, what will be the protocol.

Posted by: Tracy at May 7, 2008 05:11 PM

I know that they are auditing files for a number of different reasons but I doubt one of those reasons is to find the children these women claim were stolen. Why? Because the most efficient way to do this would be to get these women to give a DNA sample, conditionally approve a case, take the second DNA sample from the child and compare it to the women's DNA and if there is a match then the approval is voided and the baby is given back to the woman. I mean how simple is that? Am I missing something here? Again, this would be an easy way to find the children these women claim are theirs. Also, I have not read the story again but I thought these kids were already adopted anyway and are not in the system any longer.

Posted by: TLG at May 7, 2008 05:45 PM

I was chilled by Almost ready to give Up's post. Please, please don't adopt a child because of humanitarian reasons. You can sponsor LOTS of kids for the same money, donate money to an orphanage, whatever. But if circumstances can change in 2 years while waiting, what happens when circumstances change while they are in your home? These kids will be your kids, not charity cases. Sorry, perhaps you didn't mean it the way I read it but it just made my hair stand on end.

Posted by: Janelee at May 7, 2008 05:59 PM

Ok so they have arrested this lady how do they know these kids are being adopted illegal. There sure seems to be a lot of hearsay going on and no proof at all.

Posted by: karen at May 7, 2008 06:36 PM

JOAN et alter-

Yes, I called my lawyer in Guatemala. She told me she spoke early in the morning with an attorney at the PGN: As everybody knows, tomorrow they will start interviewing the bio mothers. Also the attorney from the PGN said that the cases with COA ( for which there is no bio mother )are going to be checked with the others. Basically there isn't going to be a preferential lane for these cases. We are all in the same boat.

I hope that our DOS is still on top of the problem. They can't forget about us!!

Vince

Posted by: Vince at May 7, 2008 06:42 PM

Janelee-

I am sure ALMOST READY TO GIVE UP is as stressed as everybody else.
I am sure she did not mean it.

Vince

Posted by: vince at May 7, 2008 06:45 PM

Though our four kids have come home, over the course of the past ten years, I empathize greatly with those waiting for a child to join their family.

I don't know what the answer is, what the answers will be. Even though it was agreed that registered cases would be grandfathered in, if new people are now in charge and they find irregularities, can these people be expected to look the other way? People (attorneys, especially) use the word "illegal" in conjunction with interviewing birth mothers once again, but what if there truly are suspected irregularities by attorneys can easily be worded to suggest something other than what is actually the truth. Who knows whom to trust?

These children, as much as we consider them ours, are still Guatemala's own. Until cases are signed off, these children belong to Guatemala and not to any of us as adoptive parents. If there are now ethical individuals involved (who knows?) who are seeing the widespread unethical practices we know are very common, isn't it their responsibility to make certain their citizens are protected? What if they don't investigate and you later were to discover that the child you claim as your own did indeed come into the system illegally? What if it truly was never the intent of their birth mother to place them for adoption? What if she had the typical 2nd grade education (at most) and was "tricked" into relinquishing her child? These questions must be asked, in light of what has finally come out in the open in the system. As grievous as the waiting and uncertainty is, it would be devestating to have to help our child deal with such knowlege. None of us would wish to discover we had received a stolen car, after thinking we had bought it legally and with a clear title. There would be repercutions. Imagine the tragedy of discovering such truth about our child. Every child deserves to have an ethical adoption process as part of their history, even if it means they come home to a family later rather than sooner, to insure this.

These seem to be a very real question we have to ask, as painful as it is. This situation is ugly, excruciatingly painful. Please don't accuse me of not being there, or of being insensitive. I've been there four times, once during the 2003 Hague. Unfortunately for those now waiting, the Hague didn't go through that first time, so now you are suffering even more under this present situation. None of our four children (two home as preschoolers, two as preteens) came home before 14mo in process, and the last two adoptions took mwell over two years.

As hard as it is to know the child is aging and growing without us, at what point would you give up on a child you love? Yes, you may have signed up for an infant. But didn't agencies make it clear to begin with that the process in Guatemala is uncertain, fraught with irregularities. Shame on any agency or attorney for suggesting anything otherwise, as this has been the case for years and years. Yes, it does sometimes become more difficult for a child to adjust when they are older. But how old does a child become when they no longer need a family of their own? As we waited years for our last two children, I just had to keep reminding myself that no matter what age they were, they would still need a family. Am I ever angry that they didn't come home much sooner. Anger does no good, it doesn't make me a better parent to them now. It doesn't reach the people who truly deserve to receive that anger for the road blocks they placed before our cases because our attorney never pays the requested bribes.

That being said, I say to those now in charge, get 'er done! And to you anxious, waiting, hopeful parents, do keep hanging on to the love and hope you have for that special child. They deserve the best you can give them. They deserve for you to keep up the hope that you will one day be together for the rest of your lives.

Posted by: Ann at May 7, 2008 06:57 PM

Janelee, I doubt the family will give up but you have to understand many families have been in process for years. I read it as this adoption is now a hardship for them. Paying for foster care, medical and all can add up. Many families are very tired and hurt. They have mortgaged their homes (there is no money left to sponsor a child/at least in my situation), given away their/our hearts and get beaten over and over again. This type of stress can ruin marriages, create problems at work, cause depression in not only the PAP but siblings, grand parents, it effects everything. It's hard to know how to handle situation after situation that has been handed down. It builds. Many expected their adoption to be completed within 6-8 months. Years of abuse and financial strain can and does have a toll. So please, know this person has all the right intentions but life sucks right now. Thats all. Peace.

Posted by: HK at May 7, 2008 07:08 PM

we were told out PGN week of 4/21 but we are done
the lawyer picked up our file prior to this new rule
I'm thinking maybe we were even approved week earlier who knows. Anyway we were told we don't need interview on to DNA and birth certificate
My heart goes out to everyone stuck in this but my agency says so far it is moving as they have quickly scheduled interviews for cases coming out

Posted by: CHRIS at May 7, 2008 07:35 PM

I agree with stephanie!! This is just illegal and wrong. why is it that no one DOS, jcics our agencies cant help us fight this? There is nothing in the old notorial laws that even suggest this. I guess it just blows me away that we cant seem to get anyone to help us. Our birthmothers have been interviewed and dont they have to come in to sign the final adoption deed anyway??
I guess we just to have to keep praying!
Thanks Kevin and guatadopt for all you do to keep us informed.

Posted by: Lori at May 7, 2008 08:15 PM

I pasted this from the JCICS web site.

--------------------------------------------------

May 6, 2008

On April 16-19, 2008, Joint Council and its Guatemala Caucus Co-chairs, including Bruce Mossberg of Bethany Christian Services, Chris Huber of FTIA, and Margaret Orr of Small Miracles, traveled to Guatemala to assess the current situation regarding permanency services, establish and strengthen working relationships with key stakeholders, and offer assistance to the government in developing their child protection and permanency services. The delegation met with the Executive Director and Vice-Director of the Guatemala Central Authority, the Director of Bienestar Sociale, the Director of SOSEP, the U.S. Consul General, John Lowell, and the U.S. Ambassador to Guatemala, James Derham. Additional meetings were also held with current service providers.

Immediately after the trip, Joint Council appointed Roberto Echeverria as Joint Council Guatemala Representative. Mr. Echeverria will significantly increase the effectiveness of Joint Council’s advocacy efforts within Guatemala.

Joint Council will soon publish an update on the status of the 2,900 transition cases currently in crisis and our collective advocacy efforts.

-------------------------------------------------

This is me again. Your last comments give us hope that building our "Guatalian" family by one more block, even if our home study and dossier weren't done in time to get a referral under the old regime, maybe isn't just an expensive delusion after all. Thanks for helping us keep the faith!

WFC

Posted by: William at May 7, 2008 08:50 PM

I learned that today (Tues, May 7)60 more cases were called for B-Mom interviews. I don't know when they are scheduled or on what basis they were chosen.

Kevin
Guatadopt.com

Posted by: Kevin at May 7, 2008 09:54 PM

Hey Kevin, thanks for the info.

I like to get clarification (from anyone). The Joint Counsel site indicates that:

"The PGN indicated that in certain cases they will require the presence of the birth mother and child to verify identification."

Could they possibly be just checking to make sure there are no ghost cases? Are they asking the BMs and child to come in just for identification purposes or are they truly interviewing the BMs? CA stated they found cases in which were registered with CA that were in fact non-existing... appearing to possibly sneak in a referral after the fact.

Tomorrow will hold so much. Lets hope that these interviews are not what we are thinking and simply just verification that the BM and child exist.

Posted by: HK at May 7, 2008 10:15 PM

Maybe this is all going to work out better than we prayed. Thanks Kevin, for being a calm voice of reason in the middle of this storm! We heard lots of lawyers were at PGN this afternoon and were waiting to hear the what, when and hows. Any idea how it went or what they were told?

Posted by: michele at May 7, 2008 10:21 PM

I am very new to this site, and although all the info is good ....at the moment I am very overwhelmed. I was matched with my daughter at birth in July 2007. We got out of PGN on March 17th. I know other families that are home with their babies and I still don't have a new BC! It has been almost 8 weeks and as each day passes I grow more and more concerned. My friend got out of PGN 2 weeks ago and has the new BC and passport in 7 days. Although I am very happy for her I am also very concerned for my baby. Can anyone tell me what is going on... after PGN and how long it is taking to get these babies home? Help :(

Posted by: Kellie at May 7, 2008 10:44 PM

Kevin is your source still stating dont panic?? This is all very scary- thanks

Posted by: joan at May 7, 2008 10:51 PM

Are the interviews ONLY scheduled for people ready to get out of PGN?
Is everyone finding it very very hard to get past the second reviewer? This is my 4th time with her with each of my girls and she won't let me go without a previo. I can't believe this! I feel like she sees our names and throws our file aside.
What happens after the interviews? Are they singing off on those cases at least?
I am sooo tired of this. My three kids are waiting for their 2 sisters to come to be with them!

Posted by: waitingfor2 at May 7, 2008 11:55 PM

Thank you Ann for your comments. I am like many of you on this site- obsessed and in love with a child I have grown to know as "my son". I am in process, have visited and definitely fallen head over heels in love. I definitely feel uncertain and fearful for all the delays. BUT I liked Ann's post above. I would be absolutely positively horrified to know that this child was brought to me through an illegal means. As hard as it would be to find out, that this indeed was the case, would truly shatter my world. If the corruption has raised it's ugly head in a way that cannot be denied, then I, as one adoptive parent, want this security that He is my son as much as he feels as he is. He is in my heart and will always be - no way to change that at this point. But if the mother was coerced etc. he was not mine to have - and I will need to scrape myself up off the floor. Don't get me wrong - I am going to fight like hell. But to deny facts (if they are indeed present) would be an injustice to my morale fiber and an injustice to the child born in my heart. Please understand that I mean no disrespect as the pain all PAP's re feeling is true pain. But there is a line that must be drawn as painful as it would be. I pray that none of us will have to face this fact and that we all holding our son's and daughters soon. Until then keep there well being and innocence in your heart.

Posted by: A Father Equally Stressed at May 8, 2008 12:20 AM

Janelee,

I agree with you fully. Adopting for HUMANITARIAN reasons is a very bad idea. There are many many things one can do to improve the lives of children around the world, adopting a child as charity is not a good one. I also got chills when I read that post as I am sure many other readers did.

Posted by: Mariale at May 8, 2008 03:45 AM

Just a few comments about the child trafficing case... Gudy Rivera Estrada, the congressman who's sister has been charged, is the same congressman with the "secret list of corrupt lawyers." I don't know what that means.

Also, it is very easy to set someone up as a child trafficer. All you need to do is send a "birthmother" with a child that is not her own to an adoption facilitator. Before the DNA test is done, swoop in and bust the facilitator/notary/cargivers for having kidnapped this child and for trafficing in stolen children. I know this has been done in the past to make some nice headlines and get the people of Guatemala outraged at the adoption community (and get laws changed). It is very effective.

Posted by: Lo at May 8, 2008 07:13 AM

HK - you are absolutely right this adoption journey which I would have thought to be a rather exciting and interesting journey has really turned into a roller coaster ride of emotional turmoil, heartache and mounds of stress that have caused not only health problems for my family but has put a strain on our marriage and has taken a toll like no other on our lives. Dont get me wrong I love my son with all of my heart and none of this is his fault, but you get to a point where you say how much more can I take? We have been in this process for a year and half And truth be told when you see others going through the process in record time it only makes it worse for us long timers and adds more anxiety and bitterness to the pot. I would not wish my worst enemy to go through what we have gone through, no one should have to go through this kind of stuff. Certainly no child should have to wait this long to be with their family. Over what? Political power play after political power play.

Posted by: hanging on by a thread at May 8, 2008 07:18 AM

I just want my daughter home. I have a hole in my heart that only she can fill.

Posted by: sandra at May 8, 2008 08:56 AM

Just read this article.

May 08, 2008
THE ILLEGAL REQUESTS OF THE PGN

The change of authorities at the PGN, instead of being a breath of fresh air, is more of the same but worse. Displaying a total disregard for the welfare of the children, the birth mothers and the adoptive parents, the new Attorney General, Baudilio Portillo Merlos, has been doing his best to stop adoptions and to create uncertainty with his ill advised comments about the legality of theadoption processes at the PGN.

Portillo Merlos said that they will interview the birth mothers of the cases that were already approved by Barrios. This is beyond his legal power. The arguments to support that measure are: that some of the notarial acts in some sdoption processes lack the signature of the lawyer who represents the adoptive parents and that some of the photocopies are not clear. How is the interview to birth mothers going to fix that is not explained by Portillo Merlos.

Yesterday we learned that the birthmother interviews will be held in the presence of the psychologist of the PGN, the same who kept a young birth mother for two hours, to convince her to claim her baby back, despite the clear opposition of the parents of the girl and the will of the girl, who did not sign the affidavit prepared by the PGN, and it was until they kidnapped the baby and promised the mother that if she came to the PGN she would get the baby back, that she signed it. After she did, the PGN people took mother and daughter and sent them to the Casa Alianza hogar for teen mothers, where they have been until now, unable to communicate with their family.

The interviews will also be witnessed by the lawyers of the District Attorney’s office, some other from the Human Rights Office, the same who has been claiming all the time that all adoptions are illegal and who has filed amparos to try to stop adopted children from leaving the country. The press will also be present at this interview, that is looking more like the Inquisition, than that an effort to know if everything was all right with the adoption.

The birth interviews by the PGN are illegal as they have not legal grounds and constitute an abuse of power. This week an amparo will be filed to try to get a court order to stop the PGN form suspending the approval of cases and to release the already approved cases. We will do our best to make the court to see that the PGN is abusing their power, the illegality of their acts, the harm done to the people involved in an adoption process.

The diligent lawyers of the PGN have been warning the Social Workers of the family court not to release the files to the notaries because they will come to review them. They also have been at the Civil Registries telling them that the final deeds of adoptions should not be recorded. All this is also illegal, but the PGN has a power over the other bureaucrats that has no explanation, but it is very strong.

An order that is not based on law should not be obeyed, says the Guatemalan Constitution and since the order to present the birth mothers to the PGN is not based on law, should not be obeyed. Nobody should be tried for wanting to give to her child a better life, and much less by a made up court whose only purpose is to prove that the mothers are not smart enough and did not know what they were doing when they gave up their children. The CNA summoned a birth mother of two sisters because the girls were so cute, and did not let the woman go until she admitted to take the girls back. Instead of having a loving family with means to give the girls what hey need, they will go back to a mother who cannot support them, and who works in the oldest profession, and who would not give them a good life. But for the CNA director, it was a triumph, to have rescued two girls from adoption.

Two days ago, Enrique Urizar, the ADA president, Dina Castro, former president and Olga Ogaldez, current president of the Institute of Family Law met with the US ambassador and the consul, to discuss the problem of the suspension of the adoptions by the PGN. The diplomat expressed his concern but stated in very clear terms that they cannot interfere, because it is an internal matter and they are bound to respect that. The bag of tricks that they used last year to get the Adoptions Law passed is a distant memory for the US diplomats. They also said that it will be long time until the US will do adoptions with Guatemala, because they are new at being Hague and Guatemala does not have a system in place that would allow it.

The adoptive parents have rights. Even if the adoption is not finalized, the birth mothers have given their consent to the adoptions and their saliva to prove that they are the mothers of the children being adopted. The fact that some children have been abducted, does not have the power to halt the adoptions in process. The presumption of innocence also applies here, and until somebody proves that a child being adopted was not relinquished by the mother of the child, the adoption cannot be stopped. There are more than two thousand children waiting and three girls missing. We are sure that there should be a less harming way to find if any of those girls is among the girls and boys being adopted, if only the real purpose where that, but it is looking more and more as an orchestrated way to derail the system and stop the children from going home. We msut fifth that.

This is the moment to call your representatives in the US and demand that the US diplomats do everything in their power to see that the adoptions in process are finalized in a timely matter without further and illegal requirements.

ADA is poised to fight this illegality and to win, because regardless of what the new authorities of the PGN say and the US DOS wants, those children have families who are adopting them, who love them and they belong with them, not being held I in custody as evidence of a crime that never was committed.

Posted by: cathy at May 8, 2008 09:12 AM

Has anyone heard anything about RENEP? Our agency told us last night that once out of PGN we can now expect long delays in getting the birth certificate because of this.

Posted by: melissa at May 8, 2008 09:20 AM

Kevin - I just read the ADA post and I am shaken to the core. I am beside myself and am believing that this new PGN is completely abusing its power and it seems as if these birth mother interviews are nothing but an interrogation and allowing the press to be present is an atrocity. How on earth can they even get away with this. THis is by far the most devastating news to date. It is time to contact your friend JOhn Lowell at the US Embassy and put a stop to this now. Please for the sake of the children this has to stop NOW.

Posted by: Karen at May 8, 2008 11:16 AM

Just wanted to let you know that things are indeed moving in PGN. The little boy that we are adopting started in PGN in Nov 07. He has had 3 KO's and was finally back in March. He until today has been stuck on the 1st reviewers desk. I thought he must have been lost in some deep dark hole and forgotten. I called today and he has moved on to the 2nd reviewer. The little girl we adopted has been stuck on the 2nd reviewers desks for 2 months, hopefully she will move on soon. Although we are far from home free we are moving and hope is coming alive again. I just wanted to share this small ray of hope that the reviewers are indeed working. Is the 3rd reviewer the final sign-off? May we all see progress. Our daughter to be has an eye condition that without surgery can cause her go blind in one eye. The surgery should have been done when she was 2 but at that time her birth mom was concerned I'm sure only in the fact that they were starving. Each delay puts her at risk for losing the sight in one eye. She appears to still be focusing with both eyes from her pictures but we pray this will not go on to much longer. Thank you for all you do to keep us encouraged and informed quatadopt. I know it takes a lot of time and effort. May you be blessed for your care and concern.
Praise the Lord!
Kim

Posted by: Kim at May 8, 2008 11:19 AM
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