The CNA has issued a statement directed at those of you who are still in process. You can find it here: http://www.cna.gob.gt/index.html or click on "more" for a translation.
The one thing I would ask of the CNA to clarify within this is the "status" or standing on who has control over the cases that did not have a birthmother interview conducted as I believe those are technically new cases, and thus under the jurisdiction of CNA.
We will also try to get some clarity on how one should go about contacting the consulate in DC.
I would strongly encourage everyone to help the Guatemalan authorities understand/document exactly who had cases started, who was told they did, where the children are, who the children are etc. I believe this helps to protect all parties involved.
Announcement from the National Adoption Counsel
TO
Adopting families that have been affected by the private adoption process
The National Adoption Counsel sees with much concern the situation in which many foreign families are, families that, out of the goodness of their heart, attempted to complete a private adoption process of Guatemalan children, therefore this Counsel manifests:
1) On December 31, 2007, the new Adoption Law started ruling and created the Consejo Nacional de Adopciones -CNA- (National Adoption Counsel).
2) When the CNA started working, there were 3,033 cases in transition that had to be approved by the General's Attorney Office Procuraduría General de la Nación, according to the regulations in the old Adoption Law (Notarial Process).
3) The CNA is not authorized to approve or disapprove these cases, due to they started before December 31 of 2007 y and pursued by Notaries hired by the adopting parents. By Law, the final decision in these cases corresponds to the General Attorney Office.
4) Some of these processes have been finalized and the children are not with their adoptive parents because the Adoption Agencies and the Notaries have differences regarding the finances of the case..
5) Some other cases were reported as open processes but this is not the truth since these cases were not initiated.
6) We are also aware that some of the facilitators involved in the cases cannot be found and that is stopping the processes from being concluded.
7) Many of the children that were being adopted cannot be located as well, and that is why the CNA has Started Protection Process with the corresponding Court, in order to locate them and establish their legal status.
8) Those that have been affected must know that private adoption processes imply great risks due to the lack of involvement of a Judge that supervises the actions of the Lawyers and Agencies involved.
9) We suggest contacting the General Attorney's Office because according to the Law, that is the office responsible to resolve the cases that were not completed before the New Adoption Law started ruling.
10) Finally, in order to contribute with the Protection Processes initiated by the CNA, we request from the affected families that through the Guatemalan Consulate in Washington, they will send to the CNA a list that includes the name of the adopting parents, the child that is being adopted, the Notary and if possible, the number case with PGN and the date that the process started.
Consejo Nacional de Adopciones (CNA). Guatemala de la Asunción, June, 15 of 2009.
Posted by Kevin at June 19, 2009 02:40 PM
We are one of the families with no birth mother interview.In Feb one of the CNA attorneys was very confident that our case would fall under their purview. Our facilitator has tried to prevent that, getting the case before Judge Mena,we think. We are trying to contact CNA directly for their newest assessment of our situation. We are genuinely appreciative of any help clarifying the process for transition cases with no birth mother interview/missing birth mother.
Celeste and Mike in MD
It sounds like a good thing. It makes me think well of CNA. It does sadden me deeply that such a important matter involving the well being of children can be in a such a state. I hope they find the children. I have to say I would not trust the facilitators or attorneys who did not cooperate with the authorities in verifying the whereabouts of the children. I've heard some of the attorney talk in forums about the government just trying to get in on the process to take money and quite frankly I don't believe it.
Posted by: lisa at June 19, 2009 10:05 PMJust my opinion, I think the majority of attorneys are only worried about another hand being in the honey pot. I've heard of two numbers thus far, one being 7k and one being 15k - certainly a far cry from the 20k, 25k, 30k (+?) that they were bringing in.. then factor in paying runners, facils, etc... I do hope the CNA recognizes how wonderful the foster family aspect of Guatemalan adoptions are/were. It is my hope that they will find a way to continue on with that. I have not heard - will CNA continue using attorney's? If so, I'd also like to see something in place so that less then reputable attorney's are no longer allowed to practice adoptions... I guess we'll see. My prayers are with the Guatemalan 900.
Hugs.
Posted by: Anonymous at June 22, 2009 12:23 AMKevin,
There are several rulings by the Courts of Childhood and Adolescence and at least one of the them confirmed by the Court of Appeals of the Childhood and Adolescence, stating that the PGN has no right to demand the birthmother interviews on those cases started before December 31st. 2007 and registered at the CNA. Those cases are out of the scope of the CNA and therefore, it is not up to the CNA to clarify its status. I would not bother the CNA with a question that has been asked and answered by the proper authorities.
Susana Luarca, Attorney at Law
Guatemala City
My husband and I were approved by PGN in December 2007 just before the deadline. And, we are so thankful we have our son now for almost a year and a half. But, we are so saddened by what is going on over there with all the in process cases. We wish it was all over so all these children can come home and be with there families. My husband and I would love to adopt again but as you know we can't. Even if they opened it up again to adopting I still probably wouldn't adopt because of how inconsistent everything is over there. Good luck to all the waiting families and we hope you are as happy as my family and I are with our son.
Posted by: Lisa at June 22, 2009 02:21 PM#4 really angers me and I hope it does you too! It isn't costing thousands and thousands more to adopt yet the extortion IS happening. It happened to us. We are grateful to have our daughters home but the money that was extorted from us affects the future of our family and it will yours too if you are under the old system. What can be done about the facilitators that extorted money and continue to?
The extortion finally stopped for us when we called our Supervisor group on Tuesday and told them to meet us in Guatemala City and get our child, ff, paperwork and facilitator in on Thursday or we turn everyone in to the authorities. All we were waiting for was the last DNA, VISA etc and our facilitator wouldn’t do it unless…unless…unless…thousands went to her that was not owed her.
Again, what can be done about this so that the families that are still waiting won’t go through it??? No one seems to know how to get the extortion to stop.
Does anyone know the number of transition cases that have been completed through the CNA?
Posted by: Amy at June 24, 2009 09:36 PMFor Susana Luarca-What would be the likely status of a case such as ours that was initiated under the old process but never finished the Family Court home study or was submitted to PGN, but did get registered with CNA? The birth mother is not available. What is the best course to a good outcome?
Thank you, Celeste
Kevin;
Thanks again for your integrity on this site.
It would be interesting to know how many cases remain "in process".
Do you think it is self evident that any of those 3,033 cases that have not been resolved are now out of control? In other words, the attorneys can do nothing at this point to bring home the children. Why wouldn't the parents bring their cases personally before the PGN and or CNA? I mean, besides #4?
Posted by: Steve at June 29, 2009 09:30 PMI would be careful about asking any legal advice from any attorney on this site. No offense, but we as an adoptive family that missed the deadline for the BM interview managed to get by on a attorney's assistance; even though the attorney was at fault for their own mistakes. We picked up in April of this year. Although it was a great moment for us, it left a deep cut that will take a long time to heal.
It is our opinion that our lawyer made some decisions based on their own agenda; not that of the child but more so their own political gain. If our lawyer had allowed us to be part of the process and not simply told us what “she planned to do”, we might have avoided almost 2 year of waiting. We feel for those that are still “in process” and pray that someone finds a peaceful solution to this. The children are suffering and it is unfair that this should continue just because of a cultural and political difference of opinion…….