There has been a lot of confusion for folks in process with transition cases that involve CNA. Some of this is due to CNA releases, posts on Guatadopt and other forums, etc.
Our friends at ASG have met with CNA and provided us with some great information for those in process and going through CNA.
Please click on "more" to read a FAQ and download some documents that explain the process.
FAQs
1.) I’ve heard I don’t need a lawyer in Guatemala?
There have been some posts saying it’s illegal to represent a family. This is not true. The law states that the family has the option to hire a mandatory for the transition case (Article 42 of the new law of adoptions). Besides the authorization granted by the adoptive family, the Civil Code, as well as the Judicial Court establishes the rights and obligations of the Mandatory. It’s important that families understand that it’s an option to have a mandatory and if they don’t then they can follow the case themselves.
2.) Is the CNA process free? Does CNA take payments to expedite the transition cases?
The CNA process is free!!. They have been hearing that some people are talking about payments to the CNA. If anybody hears someone talk about a payment to the CAN, it should be questioned and brought to the appropriate authorities.
3.) Can an attorney or agency guarantee that a transition case will be approved by the CNA and then by the Court? Etc. etc.
No! The CNA is worried about some information they are getting regarding families being misled about the guarantee that an agency/attorney can give them related to the adoption process. As you know, there’s no way to guarantee the outcome of a transition case at the CNA.
4.) Do families need an attorney to go through a transition case at the CNA?
No. But as you will see below, there is a lot of case follow-up paper pushing, and documentary knowledge required. Coming only from me (Kevin) and not anything ASG has said, I would not recommend trying to go it alone.
5.) So what is ASG, and presumably others, doing as an organization/mandatorio?
• Talk to the PAP about the legal regulations, how the process works, responsibilities of the parties, etc.
• Orient the PAP about the legal requirements and help them with the documents required
• Review and translate the documents once they are in Guatemala
• Submit the file to the CNA. (This is when the POA is also registered and submitted to the CNA)
• Follow up on the case with CAN Attorney Ramirez to make sure that the documents are completed. If there’s a missing document or a document that needs to be fixed then the mandatory will let the family know and help work on it.
• Once the CNA studies the child and the social report and psychological evaluation have been reviewed, confirm with the CNA when the Empathy Study will start.
• Submit a document n the family’s behalf with the dates and place where they will be in Guatemala for the Empathy Study.
• Bring the notifications from the CNA on the Empathy Study to the Court and Home where the child is located.
• Go with the PAP to the first meeting of the Empathy Study.
• When necessary, bring a translator to the final Empathy Study interview.
• Once the process is approved by the CNA, receive the notification of the approval on behalf of the PAP.
• Sign the document when the file is sent to the Family Court.
• In Family Court, follow up with the court staff, Judge, etc.
• If the Family Court issues a previo, pick up the notifications, coordinate the notifications to the CNA and depending on the previo, get the proper documents to fix it.
• Once the case is approved by the Family Court, get the certifications of the approval.
• Requests certifications for the CNA.
• Follows the case through RENAP.
• Get the child’s passport
• Gather and legalize the proper documents for the PAP to get the VISA at the USE.
Here are some documents that spell out the CNA and Family Court processes:
CNA Process: Download file
Family Court Process: Download file
Posted by Kevin at October 6, 2009 12:26 PMIf you happen to fall into the category of a transition case, hire an attorney. Trust me - you need one.
Contact ASG - they can point you to attorneys you can trust.
Posted by: John Lee at October 6, 2009 08:01 PMAgree! Don't go it alone! Even if you already have an attorney, they may not know exactly the new procedures to follow. ASG attorneys have the knowledge. I don't mean to sound like a commmercial, but without them we wouldn't be as far along as we are.
Posted by: Sheila (fostering Lily here in Guatemala) at October 7, 2009 01:53 PMI am currently in Minor's Section of PGN. Our case was finally getting close to coming out of PGN in July but then because of this new process or requirment..I am still waiting to bring our daughter home. I was told this would expedite things?????????? I am a grandfathered case in over my head for two plus years now. Doesn't anyone care about these children going to their forever families? Weren't the grandfathered cases suppose to follow the old system??? My case just keeps being treated like a brand new adoption. I feel at this point we have no other option but to allow the adoption to become null and void. It shouldn't be this hard to adopt a child. Isn't that supposed to be the point to help a child..not to frustrate the prospect of wanting to help!!!! Anyhow I had to vent since there seems to be no mention of this new Minors process and how unfair this is to cases that were due to come out and now caught up in yet another made up requirement for the grandfathered cases that is anything but faster!!!! Meanwhile my child gets older and I get to the point of saying Guatemala what will you do with this child if I say I can't go on with this madness anymore????
Posted by: karen at October 7, 2009 06:07 PMI wholeheartedly agree that anyone with a transition case should hire an attorney and I highly recommend starting with ASG.
Karen, my heart breaks for you reading your post. I certainly do not know the specifics of your case, but from just the bit that you mentioned, it sounds like your attorney is not being truthful and is blaming his/her mistakes on the Guat. government. If your case is truly grandfathered as pre-Hague, you should have your daughter home by now and should not need to go through a "new process" or meet "new requirements." And starting over through the new process would certainly not expedite your case. I'd contact ASG immediately and they can check on your case, track where it has been in the process, and identify any problems that may be causing these additional delays.
I know this is so hard. We're almost 2 1/2 years into our adoption of a 9 year old boy. We too were supposedly "pre-Hague" only to discover that our papers where not handled correctly and we had to start over with the new gov. But our case is finally moving forward (thanks to God's grace and ASG's help) and we are so glad that we never gave up on our son.
Do a little research about your case, put it in competent hands, and try to persevere for your daughter. I'll pray for you to have peace, patience, and wisdom.
Posted by: Kathie at October 8, 2009 01:30 PMKaren, I feel your pain. We are in the same boat. It is so hard and frustrating. One day you think you are a step closer, just to discover you have fallen two steps back. What happened to the grandfathered in cases anyway? Our adoption has been in process for 2 plus years. We have had to overcome obstacles that seemed near to impossible. These poor, beuatiful children.
What does AGS stand for anyway? I can't hire another attorney, they well is dry.
Posted by: Robin Sarkees at October 8, 2009 04:11 PMKaren and Robin,
Your cases sound very much like mine. I too am one of the "grandfathered cases" and have been told for months that PGN has "pre-approved" my case and I am in the "final stage". Then I find out in July it has gone to the Minors Department for a report from the Public Ministry. I guess PGN is still waiting for that report. Meanwhile I continue to pay foster care for my little girl. At the beginning of this month I told my lawyers that this would be the last month of foster cared paid UNLESS my file was released from PGN. I am over 2 years into this process and it would break my heart to give up but there is only so much emotionally and financially a person can do. This adoption has pretty much been a nightmare from the beginning.
Good luck to everyone still in the process. I hope our children come to their forever families too!
Dear Karen, I will pray for you too. We started an adoption, but didn't get in before Guatemala closed. The reports we have heard lately from our agency is it will never open again, is this true? Does anyone know where to get good information on this? I so have these children on my heart, it is not right that they would have no hope for being adopted. Our God is too big to allow this and too Good! Thanks to anyone who could direct me to good websites! Lisa
Posted by: Lisa at October 9, 2009 10:59 PMThanks for all your feedback. Anyone in Minor's please update me on your status. I am on the forum...karenmom...and you can find me on the grandfathered threads. Please keep me posted as I do care about other pending cases. Terri I agree with you. I read another case like ours where the person wrote that their agency did not ask for another dime through out all their delays. I can sympathize on the monetary factor as if you had your child home I am sure it would be a lot less cheaper. As far as Lisa asking about when Guatemala might reopen. Lisa I would say it is best they stay closed for now. I say this becasue they really need to get a better process in place. The one they are working with now is quite a mess as you can see on any remaining case...I pray we get our children home soon. They have waited long enough!!!
Posted by: karen at October 12, 2009 11:54 AMLisa, Guatadopt is a very reliable source of info. Look here for updates on when /if Guatemala will open again. From what folks have said, it looks like there is no sign that Guatemala will re-open in the near future. Will it ever re-open? I don't think anyone knows. But, if it does, it won't be any time soon.
Posted by: sjbj at October 12, 2009 12:44 PMDear all,
I'm a freelance journalist living in Guatemala and putting together a story about the freeze in international adoptions and the effects its having on adoptive parents and the children they are trying to adopt.
I live in a small Ca'chiquel Mayan village and am well aware of the poverty and hardships that cause mothers here to give up a child.
I am trying to find adoptive parents that will be visiting Guatemala during the first week or two of November who are interested in sharing their stories.
This is NOT a story about baby stealing or baby factories. The idea is to film the children waiting to be adopted, interview a mom who has given her child up for adoption - and would do it again, interview with the CNA (probably Director Jaime Tecu), and of course a adoptive parent from the US who's been held in line by the process for a few years. I had someone from the Guatemala900 but we had conflicting schedules while she was here.
Happy to have a chat on the phone if anyone interested. I can also send links to my most recent story about the food crisis in the dry belt of the country.
Many thanks!
Dave
ricochetprods[at]gmail.com