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March 17, 2009

US Not Processing Guatemalan Adoptions

U.S. Not Processing Guatemalan Adoptions

Link: http://adoption.state.gov/news/guatemala.html

March 6, 2009

The Department of State advises potential adoptive parents and adoption service providers not to initiate new adoptions from Guatemala because the Department cannot process such adoptions from Guatemala to completion at this time.

The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention) entered into force with respect to the United States on April 1, 2008. Effective April 1, 2008, newly initiated intercountry adoptions between the United States and other Convention countries must comply with the Convention’s standards.

Guatemala acceded to the Hague Adoption Convention in March 2003. While Guatemala passed legislation designed to implement the Convention in Guatemala, it has not yet established the regulations and infrastructure necessary to meet its obligations under the Convention. As a result, the Department of State cannot issue the documentation required by the Intercountry Adoption Act (IAA) for issuance of an immigrant visa for Convention adoption cases.

The Department has advised USCIS of its finding. USCIS has decided to not approve any new filings of Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, for adoptions from Guatemala at this time.

On Tuesday, December 11, 2007, the Guatemalan Congress passed legislation intended to implement the Government of Guatemala’s obligations under the Hague Convention on Intercountry Adoption. This new legislation creates the National Council on Adoptions as the Guatemalan Central Authority for intercountry adoptions and establishes many new safeguards for children and families in the process of intercountry adoption from Guatemala. It aims to reform the Guatemalan adoption system and child welfare system.

The legislation does contain provisions that allow for the completion, under previous adoption laws, of adoptions cases that were in process prior to December 31, 2007. The National Council on Adoptions has informed prospective adoptive parents involved in more than 893 transition adoption cases that their adoption will continue to be processed under the previous laws. It has also informed the Department of State that it will not process any other new adoption cases until the new legislation has been fully implemented.

The CNA is still finalizing the legal steps and establishing the new administrative procedures to process adoptions under the Hague Convention. An important next step in this process will be to establish the accreditation criteria that will be use to authorize or license adoptions agencies that wish to facilitate intercountry adoptions from Guatemala. At this time, the Government of Guatemala has not indicated when it is likely that this process will be completed.

The Department will continue to monitor the adoption practices of Guatemala. We cannot predict whether or when we will be able to start processing new adoptions from Guatemala. We will update this Adoption Alert with any information.

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 under previous rules. The Embassy is working closely with the government of Guatemala to complete those cases as soon as possible.

Posted by Marie at March 17, 2009 06:51 PM
Comments

With regard to currently pending adoptions (those initiated in Guatemala before 12/31/2007)....

What exactly does this date mean.....what date is used to determine when an adoption is initiated ? What if you are a case where your child is born before that date....you were matched before that date...but how do you know what date is being used as "initiated in Guatemala "???????? Can someone clarify ?

Thanks

Posted by: worried now at March 18, 2009 07:32 AM

Your POA had to been registered in Guate by 12/31/07. Please note that just signing a POA does not mean it was registered in the courts.
The Guat Team

Posted by: marie at March 18, 2009 07:43 AM

I hope I am proven wrong, but I don't think the US State Department has any interest in reopening Guatemala for adoptions. They will always find 'something wrong' with Guatemala's implementation of the Hague. Guatemala is not China, Russia, or Vietnam, where if the US DOS were to complain about abuses in those countries, they would simply say 'fine, you don't like it, we'll close our adoption program to Americans'. Which, of course, the US DOS doesn't want to happen, as it already has with Vietnam, and Russia and China keep tightening their restrictions.

Posted by: Kevin (not Guatadopt Kevin) at March 19, 2009 07:17 AM

I never thought that I would be standing up for our new CNA in Guatemala but having worked with them over the last few weeks in the minors court I have been very impressed. Maybe I have been fortunate to work with a few bright and compassionate lawyers with the CNA but I have seen their commitment to the kids and the desire to make sure these kids receive their adoptabilidad status and are adopted. Most of my kids are "older" and it is clear the CNA wants the kids not to be institutionalized. Expecting the worst from the new CNA I have been amazed with their response not only to the current cases we are finishing up but the fifteen children who did not have families when adoptions were closed. I am surprised that the DOS has not noticed how responsive the CNA has been. Maybe they didn't give Guatemala enough credit to pull off the CNA. Who knows, maybe it won't be a workable program but my experience thus far has been VERY positive.

Posted by: Nancy Bailey at March 19, 2009 05:25 PM

i am so heartened to read Nancy's post and really hope that the CNA work hard to place children in homes that are best for them - and ideally that WILL be in guatemala first and then looking to international options next - I say this as a deeply grateful Mother of a daughter born in Guatemala. My main concern remains that vunerable children in Guatemala are not forgotten and left behind - thank you for posting Nancy - I so hope that the CNA will not let these children and families fall through the cracks - a future where children are readily adopted in Guatemala is surely something we can agree on - the poltics of USA are not hard to analyse

Posted by: MK at March 19, 2009 05:53 PM

Dear Sir/Madam,

My husband and I are seeking to adopt a baby girl from Guatemala. We have not started the process and do realize that Guatemala is still in the process of establishing the regulations and infrastructure necessary to meet its obligations under the Hague Adoption Convention. Even so, we still wish to adopt from Guatemala.

We realize the US has advised its citizens not to initiate new adoptions from Guatemala. But we are citizens of The Bahamas (I also have dual US citizenship) and we seek to adopt and bring our child to live with us in Nassau, The Bahamas.

We wanted to know that considering Guatemala's status, would the CNA still accept new application forms from potential adoptive parents? If so, what is the process for adoptive parents from The Bahamas, a non-Hague country?

We are at the very beginning of the process and we don't speak Spanish so well but we wish to be advised as to the status of international adoptions in Guatemala and how we can proceed.

Thanks so much for all your help and assistance.

Posted by: Dionne Benjamin-Smith at March 20, 2009 12:36 AM

Dionne,

I do not believe that there is a process in place. It is not 100% clear under the new law (or my memory of it) whether Guatemala would allow non-Hague intercountry adoption.

If you search "CNA" on this site you will find a post about how to contact them. My best recommendation is that you do that and don't worry, they can read English.

Kevin
Guatadopt.com

Posted by: Kevin at March 20, 2009 07:39 AM

Just an FYI, the US does NOT allow dual citizenship anymore. You are fully one or the other.....be carefull in your quest that you are NOT a US citizen.

Posted by: ANNE at March 27, 2009 09:06 AM

Thank you Kevin. I will do just that. Although it does seem as if Guatemala won't allow non-Hague intercountry adoption. I just spoke with the legal counsel at the Guatemalan Embassy in Washington and he said that that was the case.

With regards to the dual citizenship question, I believe that may be incorrect as I had to disclose that I also had Bahamian citizenship when renewing my US Passport. And in my research I keep seeing that the US does recognize it although they don't encourage it.

If Anne has knowledge or experience on this topic that I am unaware of, i would love to find out more if possible.....? Let me know Anne.

Posted by: Dionne Benjamin-Smith at March 27, 2009 07:47 PM

I have two, and very soon, three citizenship and my wife has two. Vince.

Posted by: Vince at March 28, 2009 06:12 AM

My wife and I adopted a beautiful boy from Guatemala on 10-17-2006 he will be 3 years old on 4-18-2009 we think its really ashame that they have stopped adoptions in guatemala there are some many wonderful children there needing loving families adopting was the greatest thing that my wife and I have ever done in our life we hope to adopt another child from guatemala in the future

Posted by: Mike at April 6, 2009 01:06 AM

I adopted a magnificent little boy from Guatemala in 1999. He is perfect in every way. I would so much love to go back and adopt a girl from there but I guess we are all shut out at this time. I remember all the little homeless children dancing in the streets and painting their faces for money while I was down there. Think of how many more there are now with this stupid Hague treaty. So inhumane!! God bless those children and the families that cannot afford to take care of them!

Posted by: MARTHA at May 4, 2009 03:39 PM

My husband is a Guatemalan citizen living in the US. I am a US citizen. His family all lives in Guatemala. How hard would it be for us to adopt from there? Or is it even possible anymore?

Posted by: Lori at January 15, 2010 08:10 PM
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