August 23, 2008
B-Mom Interviews - PGN Open Next Weekend
Guatadopt has learned that PGN will stay open next weekend from 8-4 to help get interviews completed. As we have stated before, everyone needs to push their attorneys to bring the birthmoms in to avoid problems.
Posted by Kevin at August 23, 2008 09:11 AM
I had an interview with Flory de Leon, head of the Procuraduria section of the PGN, last Thursday. I asked her several questions about the current situation with the birth mother interviews that could be summarized as follows:
1. There are several cases of children who were ruled abandoned by the Courts of Childhood and Adolescence and ordered by the judge to be placed for adoption, and even though the PGN did the investigation of each case, when the adoption is submitted for opinion of the PGN, they start another investigation that could take many months, disregarding the court order and preventing the Hogar director to take the child for the required interview, as the file is in another section of the PGN. Ms. De Leon said that she was not aware of such practices, and would look into it, meanwhile she would tell the Minors section of the PGN to release the files for the interviews.
2. When asked about the cases that still are at the Family Court, Ms. De Leon said that those cases cannot have an interview because the attorney has to present the actual adoption file. I asked if an interview can be granted if the attorney presents copies of the documents of the child and birth mother or the certified copy of the abandonment decree, along with copies of the consent of the mother or the hogar director, but she insisted that they need to verify the information in the actual file and for that reason it s not possible to do the interview.
3. Regarding the cases that started as a relinquishment adoption, turned into abandonment, are still tied up at the Courts of Childhood and will take some time to continue the adoption process, Ms. De Leon said that she did not know how they were going to treat them, because obviously there could not be an interview, as there is no birth mother and the child has not been ruled abandoned yet or the certified copy of the abandonment decree is not available yet.
4. The best for last: When I asked Ms. De Leon what they were going to do with those cases that did not have an interview, she said that she did not know, as it is the Attorney General himself who will decide about that, the last day of the interviews. I pushed for an answer and asked her where they were going to send the files, to a Family Court to rule approving or disapproving the adoption, or to the courts of Childhood an adolescence to rule about the adoptability of the child? Ms. De Leon kept answering that she did not know.
We will have to wait to see what happens next.
Thank you for the information. Doesn't appear to be much of a "transparent process" emerging.
Just wondered if there is anyone else in same predicament as us: we are in PGN but can't get the extra birth mother interview. Our birth mother has disappeared (after completing all the paperwork, DNA and interviews at Family Court and British Embassy. Our agency, Palmetto Hope, has sent a searcher to her local area but to no avail.
Is there anyone else in a similar situation? Does anyone have a clue what will happen after the August 31st CNA deadline? We've heard that they may be treated as 'Abandonment' cases (with a whole different legal process to go through) or 'Judicial' cases (going before a Family Court Judge). We're wondering how many people are in this position and how we can make ourselves heard. After all, ours are the cases that Guatemala agreed to 'grandfather' and we have fulfilled all of Guatemala's original requirements.
Please get back to us if you are in same unfortunate position. We are feeling very isolated!
Caroline and Patrick
Hi Caroline and Patrick,
We are also in the same predicament. There has been a lot of speculation about what will happen after the deadline. Our lawyer has hired a couple of investigators but has had no luck at finding our birthmother. And we have been in the process for 2 years already!
Sally and Nigel
Did JCICS post the results of their survey?
Caroline and Patrick
Sally & Nigel
My family is going through the same problem, not able to find the birth mother. We have also hired investigators but have been unable to make contact. Please post if you have any suggestions or news. As always I am praying for all the babies in Guatemala daily.
Caroline and Patrick,
We are in the same situation as you. Our biomom can not be found. We have been looking for her over a month now. We are told that we have the POA from her and that will get us out of PGN. i am praying that our attorneys are right! we have been in PGN since December 2007. and in process for almost two years.
I agree totally about the "grandfathering" Our cases where to be processed under the old laws!
Hi, Sally and Nigel,
Nice to know we're not alone - not a nice position to be in though!
Has it been 2 years since you accepted your referral of your child? Ours was last December.
Caroline and Patrick
I too, may be in same predicament. I haven't entered PGN yet and agency is trying to locate Birthmom and get her to come in for interview, but time is quickly running out and I'm increasingly anxious.
LL--you said something about having POA from Birthmom & you can get out of PGN? Without interview? I don't know what's going to happen, praying for all of us, and all of our children.
I have a couple of thoughts.
First, is there a way for those who are in the predicament of not locating their bio mom to come together (forming some type of on line group to communicate)? I think you should all band together not only for support but also to put pressure on the US Govt to give you some help. I hear that there are over 1,000 cases in this situation. I don't know if this is true, but if it is...well, there can be power in numbers.
Secondly, to LL, your attorney is not being truthful with you. Even if the attorney has POA, the birth mother interview is still required. Not the news you want to hear, I know.
I'm praying for all of you that this situation works itself out and every last baby comes home.
I agree with Holli, I believe that if everyone were to join forces then maybe someone would begin to listen to us.
If any knows of anything that can be done or anyone that can be contacted, please share that information with the rest of us. This babies need to come home to their forever homes.
My prayer is that everyone of these babies are home soon.
After over 2 years in process, we are also in the position of being unable to complete the birthmother interview requirement. Strangely enough, we know exactly where she is - here in the US! Unfortunately, she is unable/unwilling to return to Guatemala for the interview. Just one more thing that could go wrong.
To those with bm's who have gone AWOL: I am happy to help you set up a Yahoo group, if you'd like. I've done this for several others and am always happy to help in this way. smithcalifornia @ yahoo.com (remove spaces)
Caroline and Patrick-
We got out referral 2 years ago July. Last summer our lawyer tried getting our case approved in a court because the PGN was moving so slowly. It was approved right away, then the PGN appealed it. So we appealed their appeal and it sat in the court of appeals for months. When it finally was released and re-entered into the PGN, the BM interview requirement was enacted. The most unfortunate part of all of this is that our son has changed foster families 3 times. That has been very heartbreaking to us. Fortunately, despite the changes, he is doing really well. He is a fun little ball of energy.
I agree we all need to stick together to forge what is to come for those of us without interviews. I still am hoping that somehow our BM is found before the weekend is up!
Sally (& Nigel)
Those that are thinking of forming a group for you specific cases,
Our case is a transistion case under new/old laws. The families in this situation got together and formed an online group. Some families were in Guate and knew more and had access to the New CNA. We pulled together and had a campaign of calling, faxing,sending short videos, emailing our Reps, Senators, and advocacy groups, news groups, etc. We bombarded them. We ARE being heard. If you can, get together and address your particular needs. When adoptions closed I dont think they anticipated all the special need groups that would come out of this. But we will not give up.
If you want to email me, I can give you some ideas. firstname.lastname@example.org
Thank you so much for your prayers. Quite honestly I dont know what to do or think anymore. We have done everything we can think of to find our biomom and our attorneys say they have too. I have contacted our state rep. senators and JCICS. Everyone I can think of. I dont know what else we can do. Our attorneys say they have gotten a case out without a BMI, and I believe they are trustworthy. I guess we will just keep praying.
My prayers are all for you. I brought my son home 10 days ago. I was also caught in the mess of the Ortega law. My son is five years old. He was found abandoned in the street. And got a COA before he was even referred to us. But this did not stop the people at the CNA/PGN from asking for an interview. And I was lucky that they did not pretend to interview an unknown BM, like they did in other cases of abandonment. Someone said that all the bitterness for an adoption full of problems caused by people with no common sense in their brain will be gone the moment that our child would have been with us for ever. I don't know if this is the case with other parents, but this isn't, for sure, my case. My bitterness an my " hate " are still there. Our DOS, unicef and some of the guatemalan authorities are responsible for the guatemalan children left behind that will never have a loving family and for the future guatemalan children that will die in the street. If I can understand that our DOS and unicef don't care at all about the guatemalan children, I can't understand why the guatemalan authorities want their own children to die. I can't understand why the actual first lady of Guatemala went on national Tv on a sunday morning of few months ago and announced that the adoptions would have been stopped and all the mothers of the adopting children would have been interviewed. How is possible that a first lady orders the judges what they have to do is a mistery to me. How is possible that being a mother herself she wanted to hurt innocent young lives? Please let us know how we can support your struggle to give a loving family to the guatemaln children in need. May God help you all. Vince
To Vince, I am so happy to hear that you were finally able to bring your son home. I was wondering how long did it take for you to bring him home? Your statement on how the guatemalan adoptions today are being handled is the truth. It is a shame that so many children will not have a chance to a loving home, because of the laws that have changed recently. It has been a nightmare for us too since we are still trying to get our son to come for two years and we are still trying to get through the abandoment process. He has been moved to his fifth home and he is only two years old. How is that humane to a little boy who does not have a chance to be with his family in his early years. Does paper work have to take years to become completed while a child waits and waits. Who has come up with this idea that this could be possibly the best interest for a child? It matters so much to every child to have a family and not be warehoused in an orphanage. Yes keep praying for the children. Delilah
Kevin- could you confirm something for us. Now that the birthmothers have been interviewed and have signed, can they still change their minds and do they once again have to come at the end and sign again? Our interview was done, but we are just checking as it has not been made clear to us. Thanks!
More than ready,
Until the adoption is finalized, she can reclaim.