GUATADOPT.COM
News about Guatemalan Adoptions: for parents, professionals and adoption advocates.
"There are no shortcuts to any place worth going." ~Anonymous
Tuesday is of course election-day and this is also undoubtedly one of the most important and closest elections this country has faced in a long time.
Don’t worry; the rest of this post is not going to include any endorsements or progressive political lobbying from yours truly.
It is a very sad thing that only about half of the eligible American population makes his/her way into the voting booth. For the world’s greatest and most notorious democracy (though actually we are a republic), it is disheartening that voter turnout lags far behind many less established and secure democracies. So matter what else is going on, no matter how much you hate or love both Kerry and Bush, make sure you vote.
My one bit of political posturing is a call to set your own personal life here and now aside and vote for those candidates and propositions you believe are best for our children’s future. I read an interesting book recently that was written by a group of Business Ethics professors. The book was about environmentalism in American corporate business but was written in the context of “the wager of our children’s future”. Quite simply, it stated that so much is unknown about environmental threats, but are we really willing to take the chance on our children’s futures? And for those ready to comment that I’m not keeping my vow to remain non-partisan, this book does not endorse increased governmental regulation. Instead, it calls for all companies to decide how proactive they wish to be and to utilize that in a way that creates competitive advantage. Yes, quite capitalistic and laissez-faire I must say.
For me personally, active environmentalism, promoting racial equality, strong social programs, and empahtically protecting civil liberties are what drives my determination of what’s best for the world I will hand down to my daughter. But for others, it could very well be the removal of estate taxes, privatizing social security, an emphasis on national defense, and governmental control of morality. I hope I did not describe those priorities pejoratively; it honestly was not my intent. I certainly don't mean to imply that either set of goals listed is exclusive of those in the other. There are many ways to attempt to go after the same goals and the most productive road is unclear. We are each different with equally valuable opinions on these matters. It is only through the exercise of our right to vote that we are collectively most apt to determine the right answers.
But when we vote based only on what may provide some immediate solace, we are thinking far too short term in nature. And this can be dangerous because it almost by default means we’re ignoring the dilemmas that inevitably lie ahead. Even worse off is when we don’t vote at all. Because then we are saying that we don’t even care. Not voting inherently means placing the power in the lobbyists and special interests that, IMHO, have equally damaged both of our major political parties and threaten the very fabric of our democracy.
So get out to the polls and be heard. I know this is a non-adoption, non-Guatemala post. I don’t think either candidate will be better or worse so far as adoption is concerned. But this website is ultimately about family, children, and all things that impact the lives of those families formed through intercountry adoption. So in that vain, I’ll stretch things a bit and once again make the call to action.
On Tuesday, you will be able to vote on State Issue One which is positioned as a way to prevent gay marriage. But the law goes far beyond this and will prohibit public sector employers from offering medical leave and medical benefits to children adopted by single parents and/or unmarried couples (including heterosexual couples). So PLEASE vote “No” on this bill. You can read about it at:
note: this bill was e-mailed and described to me by an Ohio resident who had received an e-mail from an adoption agency about it. It appears as though there are differing views on what it would actually do. Personally, I tend to believe that one has to read legislation like this and ponder how it could be misused and abused in order to understand the whole picture. But I am not a legal expert nor a resident of Ohio so it is up to the Ohio voter to decide.
Those of us who've adopted children from Guatemala know that UNICEF's annual Halloween collection campaign involves a lot of tricks, but certainly no treats, for children hoping for a "forever family." But outside of the adoption community, very few people know what UNICEF has been up to under the guise of "helping the children."
UNICEF's tricks include:
• advocating for new adoption laws without providing the funding to implement those laws effectively and care for children in orphanages and other institutions
• distorting the nature of the notarial adoption process in Guatemala
• denying that they oppose ICA when in fact their actions indicate they do.
We all grew up knowing a UNICEF that worked to vaccinate children, promote literacy, and provide humanitarian relief. We can only hope that UNICEF will one day return to its original mission, rather than its current emphasis on public policy advocacy that may sound good on paper but that has had a devastating impact on children eligible for adoption.
So let’s make them and all parents that come to our doors on Halloween aware of what is going on.
Here are two different fliers you can use to hand out.
The first one prints four-to-a-page that is perfect for handing out to all parents out with their kids. It is a rehash from last year but unfortunately, the story hasn’t changed.
The second is one developed by my lovely wife and is more designed at those Trick-or-Treating for UNICEF. Feel free to use it as-is or to customize it with your own child’s picture.
The important thing here is to utilize this children’s holiday as a chance to inform more of the public about UNICEF’s position on intercountry adoption and to make UNICEF’s supporters aware of what all they stand for.
Here is a translation of the law that has been proposed to the Guatemalan Congress. There are some issues with the translation so please bear with them. I have given it one quick read and it reminds me of ICARE in that it does not spell out all the specifics, such as how it is determined that no domestic family exists for the child.
A few things I know of interest are that it does seem to end foster care as we know it. As someone whose daughter had the most wonderful care possible and who remains very close with her foster family, this is truly a shame! My daughter's foster family is now our family and that is a tie to her birth country that should be rewarded as being consistent with the Hague Convention and the UNCRC!
The good news for those of you in process is that it does state that you will be allowed to complete your adoptions under the current system. At least that is how I read it.
THERE IS NO REASON TO BELIEVE THAT THIS LAW WILL PASS AND IT IF DID, THERE IS EVERY REASON TO BELIEVE THAT IT WOULD BE OVERTURNED BY THE CONSTITUTIONAL COURT. So read this for information, not as something destined to become reality!
Decree number
Congress of the Guatemala Republic
Considering
That, according to what it is established by the article 1 of the Politic Constitution of the Guatemala Republic, the State is organized to protect the person and the family, having as a goal the realization of the common wealth. Based on that, and being that part of the rights that are inherent to persons is to have a family; its organization must be promoted based on the legal basis of marriage and responsible parenthood.
Considering
That the Guatemalan State recognizes and protects the adoption declaring of National interest the protection of orphan and abandoned children based on what is established in the article 54 of the Constitution of the Guatemalan Republic.
Considering
That it is necessary to create a organized group of laws to protect the Guatemalan children and that would grant their rights and that specifies as a priority all the adequate measures to allow the child or adolescent to remain with their families, or, in the case of given in adoption, that that process is based on the child or adolescent’s best interest
Considering
That the Guatemalan State has assumed a series of international compromises in what respects to the protection of the children and adolescents, specifically in what is related to international adoptions and because the current legal framework in our country do not respond to the basic principles of that institution, it is necessary to establish the corresponding regulations
Considering
That the Law of Integral Protection of the Childhood and Adolescence, Decree number 27-2003 of the Congress of the Guatemalan Republic establishes in the article 23rd that a special law must regulate what respects to adoptions
Therefore
In exercise of the attributions conferred by the article 171 section a) of the Political Constitution of the Guatemalan Republic,
Declares the following:
Adoption Law
Title 1
Of the Adoption
Chapter 1
Definition, Principles and Effects of Adoption:
Article 1. Definition and Juridical Nature. The adoption is a social institution of protection and order tutored by the State and for which it is restored the right to a family to one child or adolescent, family that is integrated according to our legislation, and from which the child or adolescent is received and welcomed as own son or daughter.
Adoption is complete, irrevocable and could not be resigned.
Article 2. Types of Adoption: Adoption can be National or International.
The adoption is national when the adoptive parents have their permanent residence in the Guatemalan Republic’s territory, with the objective that the child or adolescence would grow in National territory.
The adoption is international when it is realized by people of any nationality that have their resident in a foreign country and which the objective of transporting the child or adolescent out of this country
Article 3. Principles. The Regulating principles of the adoption are:
A. The best interest of the child
Any decision taken with respect to the adoption of a child or adolescent, must guarantee its best interest and it must ensure the realization of its rights.
B. The right to have a family
The child or adolescent has the right to remain with its biological family. In the case that this is not possible, it must remain with more distant relatives. If this is not possible, the child could be adopted, first of all, by a family that lives in its own community and, in the last case, by a family outside its community. If this is not possible, the child could be adopted by people outside its community but in the National territory and if this is not possible, then it could be adopted by internationals.
C. Subject of Right
The child or adolescent must be considered in all moments as subject of its rights
D. Tutoring
It corresponds to the Guatemalan Republic State to protect, control and facilitate the adoption of orphan or abandoned children.
E. Protection
The child or adolescent has the right to be protected by the State of any kidnapping or trade of children, prostitution or usage in pornography or any form of exploitation or sexual abuse
F. Expressed consent
The consent of the biological parents must be expressed in written form; it must be express freely and only after the child is born. Such consent could not be obtained in trade of money or any other kind of compensation.
G. Advisory
The biological parents and the adoptive candidates must be adequately advised about the consequences of their decisions along all the adoption process.
H. Opinion.
Every child or adolescent has the right to freely express its opinion and the right for it to be taken into account during the process of adoption, considering its age and maturity.
I. Lack of material goods
The lack of material goods from the biological parents does not constitute a sufficient justification to give their child or adolescent in adoption.
J. Social Nature:
Being the adoption an institution of social character, it is against its nature to obtain financial benefits or of other nature by the persons involved in it.
K. Nationality
The child or adolescent does not lose the Guatemalan nationality or the rights that are inherent to it, when is given in adoption.
L. Life and Integrity
The State must make sure that the life and integrity of the child and adolescent is being respected.
M. Equality of Rights
The State must make sure that the children or adolescents that are to be adopted by internationals, have at leas the same rights and guarantees than the Guatemalan legislation provides them.
N. Right of privacy
All the actions in the adoption process have the quality of confidential and certified copies of the documents could only be provided to the adopted child or adolescent, the adoptive parents or the biological parents.
Article 4. Effects of Adoption. With the adoption, the links of the adopted child or adolescent and their biological parents cease, and consanguinity links are generated among the adopted and the adoptive parents and relatives.
The elimination of the link with the biological parents do not eliminate the prohibitions contained in the Civil Code concerning the impediments about marriage.
Chapter II
About the subjects of the adoption
Article 5. Subjects that could be adopted
Could be adopted:
a. the child or adolescent who is orphan from both mother and father;
b. the child or adolescent that, in court sentence, his right to have a family has been declared endangered due to abandonment or lack of protection;
c. the child or adolescent whose parents have lost its custody;
d. the child or adolescent whose parents had voluntarily declared their wish to give their child in adoption; and
e. the son or daughter of one of the spouses or united-partner that has expressed its consent according to the law.
When two or more siblings are susceptible of being adopted, they could not be separated before or during the adoption process. In the same way, it must be attempted for them to be adopted by the same family, except when there are reasons responding to their best interest.
Article 6. Adoptability. Adoptability is understood as the declaration that establishes that a child or adolescent needs an adoptive family and that it has the physical, psychological, emotional and social capability to adapt to the new family. Every child or adolescent that has been declared as in state of adoptability could be subject of adoption.
Article 7. Subjects that can adopt. Could adopt:
a. the persons that are united in marriage or in legally declared union; and
b. single persons
Article 8. Difference in age. The person who is intending to adopt a child or adolescent must have a difference in age with the child of at least fifteen years.
This rule does not apply when the child to be adopted is the son or daughter of the spouse or legally declared partner and when the couple is been living together for at least for years.
Article 9. Adequacy of the adoptive parent(s). To determine the adequacy of the adoptive candidates it must be taken into account, besides the age difference, the following: have ethic, moral and sociocultural qualities besides the physical and psychological capabilities to foster the full development of the child or adolescent. This adequacy must be accredited by the Adequacy Certificate.
Article 10. Exceptions to the Adequacy. It will not be necessary to obtain the Adequacy Certificate when the adoption is of a person who is not a minor, if this persons expressly manifests its consent, and only if the adopted person had lived with the adoptive parents for a period not less than 3 years, or if is one of the partners in a couple that is to adopt the child.
Article 11. Impediments to adoption. Have impediments to adopt:
a. Those persons who suffer of diseases, mental or behavioral disorders that represent a risk to the health, life, integrity or full development of the child or adolescent;
b. Those persons that have physical or psychological dependence to drugs or psychoactive substances;
c. Those persons indicted for crimes against the integrity of the child or adolescent;
d. The spouse or legally declared partner without the expressed consent of the other.
Article 12: Material goods of the adopted. In the case that the adopted child owns material goods, the adoptive candidate will be under the same regulations regarding the rights and responsibilities than the biological parents in what respects to the administration of such material goods.
The tutor could not adopt a pupil as long as the tutored administration of the accounts and the material goods have not been given to the pro-tutor.
Article 13. Rights and Obligations. The adopted child or adolescent will have the same rights and obligations than the biological sons or daughters with their parents.
Article 14. Prohibitions. Given that the adoption is a social institution of protection, it is prohibited that:
a. The persons involved in the adoption obtain financial benefits or other kind of benefits;
b. The biological parents would decide who is to adopt their child or adolescent;
c. The adoptive parents use or decide to use the organs or tissues of the child or adolescent, either for their family or third parties; and
d. The authorization of adoption without fulfilling all the requisites and procedures that are established by the law; and
e. The persons involved in the process of adoption have any association with the private entities that are responsible of the care of children or adolescents that are in state of adoptability.
Title II
OF THE INSTITUTIONS RELATED WITH THE ADOPTION
CHAPTER 1
OF THE RECTORY OF ADOPTIONS
Article 15. Creation. The National Rectory of Adoptions is created and will regulate in what respects to adoptions.
Article 16. Juridical Nature. The National Rectory of Adoptions is a technical institution, deconcentrated with functional independence, ascribed to the Secretary of Social Wealth of the Presidency and that depends financially from it.
Article 17. Integration. The National Rectory of Adoptions will be integrated in the following manner:
a. The Attorney for Childhood and Adolescence of the Office of the National Attorney General will coordinate it;
b. One representative designated by the Secretary of Social Wealth of the Presidency;
c. One representative designated by the National Commission for the Childhod and Adolescence; and
d. One representative designated by the Ministry of Foreign Affairs. Simultaneously with the designation of the titular of each position, one substitute will be designated and they will have the ability to decide and could not delegate their functions. The member of the National Rectory of Adoptions will remain in their positions for four years.
Article 18. Of the requisites to be member of the National Rectory of Adoptions. To be a member, the following requisites must be fulfilled:
a. be a Guatemalan citizen by birth;
b. be of recognized honorability;
c. be a professional and active collegiate; and
d. be in full possession of its rights as a citizen
Besides the above-mentioned requisites, the persons integrating the National Rectory of Adoptions should be chose preferentially among those persons with experience in the issues related to childhood and adolescence and in conformity of the Ethic Norms of the Executive Organism.
Article 19. Prohibitions to be member of the National Rectory of Adoptions. Could not be members of the National Rectory of Adoptions:
a. Those persons sentenced in hearings for accounts;
b. Those persons sentenced for crimes DOLOSO;
c. Those persons sanctioned by their professional college;
d. Those persons connected to or representing the interests of public or private entities that provide care to children or adolescents.
Article 20. Functions of the National Rectory of Adoptions. Functions of the National Rectory of Adoptions are:
a. To ensure the protection of children and adolescents in the process of adoption and to take the appropriate measures to prevent that material benefits are obtained from it;
b. To receive the adoption applications and create the respective file;
c. To maintain and facilitate the control and registration in the process of the adoption;
d. Promote and provide the advisory services in what respects to adoption;
e. To receive from the Central Authorities or equivalent authorities in other countries, the applications for international adoptions, verifying their authenticity through the Ministry of External Relations;
f. To maintain an archive of the realized adoptions, national and international;
g. To maintain an archive of the process of adoptions and the consent of authorization to initiate the process;
h. To maintain an archive of notaries that intervene in the process of adoptions;
i. To maintain an archive of children and adolescents in state of adoptability;
j. To maintain an archive of persons who wish to adopt;
k. To execute DNA testing and other scientific tests to verify the paternity of the biological parents;
l. To maintain an archive of scientific tests, photographs and DACTYLAR, PALMAR AND PLANTAR prints of the children or adolescents in state of adoptability.
m. To declare and certify the adoptability of the child or adolescent in the process of adoption;
n. To provide the certification of induction to adoption;
o. To certify and provide the Certificate of Adequacy;
p. To request the Certificate of Adequacy from the Central Authority or its equivalent;
q. To authorize the period of socialization with the adoptive parents according of that it is established in the law;
r. To provide the Certificate of Empathy;
s. To verify that the consent of the parties is obtained according to the present law;
t. To provide a final resolution to establish the precedence of the adoption;
u. To request to the pertinent institutions the information necessary to fulfill its obligations;
v. To provide the required information about the National Legislation in what respects to adoptions to the Central Authorities or the equivalent authorities in other countries;
w. To request information about legislation in what respects to adoptions from the Central Authorities or the equivalent authorities in other countries;
x. To follow the course of the national adoptions according to the present law and its regulations;
y. To follow the course of the international adoptions maintaining frequent communication with the Central Authorities or the equivalent authorities in other countries in coordination with the Ministry of Foreign Affairs
z. Exchange evaluation reports with the different Central Authorities or international organizations to crate an adequate supervision of the process in the receptor country in coordination with the Ministry of Foreign Affairs; and
aa. Any other function pertinent to the fulfillment of its obligations.
Article 22. Normative capabilities. The National Rectory of Adoptions will dictate the regulations about its own organization and operation.
Article 23. Exercise of functions. The members of the National Rectory of Adoptions will execute their functions in independence of the entity that designated them and in conformity to the principles of impartiality and dignity inherent to their positions.
Article 24. Sessions of the National Rectory of Adoptions. The National Rectory of Adoptions will have sessions as many times as required and their members will establish what respects to ordinary and extraordinary sessions.
Article 25. Quorum. For the sessions of the National Rectory of Adoptions it is required the presence of all its members, with the possibility of calling the substitute members to take the place of the absent titular
Article 26. Voting. The resolutions of the National Rectory of Adoptions must be unanimous among their members.
Article 27. Of the multidisciplinary team. To achieve an effective fulfillment of its obligations, the National Rectory of Adoptions will have the support of a multidisciplinary team constituted by: lawyers and public notaries, clinic psychologists, social workers, psychiatrists, internal-medicine doctors, pediatricians and any other professional that the National Rectory of Adoptions considers adequate.
Article 28. Of the requisites needed to be a member of the multidisciplinary team. To be a member of the multidisciplinary team the same requisites to be a member of the National Rectory of Adoptions apply.
Article 29. Of the functions of the multidisciplinary team. Functions of the multidisciplinary team are:
a. Provide advisory to involved parties regarding the process of adoption;
b. Write the report about the child or adolescent susceptible of being adopted, that contains the information regarding the identity, social environment, personal and familiar development, medical history of the child or adolescent and its family and all what is related to its future needs. If for any reason any of the information could not be presented in the report, it must be explicitly stated;
c. To execute the required investigations and tests requested by the National Rectory of Adoptions and to suggest other that consider adequate;
d. Express opinion regarding the Adequacy of the adoptive candidates, the adoptability of the child or adolescent, the empathy between the adoptive candidates and the child or adolescent and the advisory required for the process;
e. Write the final report to the Rectory; and
f. Other functions that, according to their technical work, would be required by the National Rectory of Adoptions.
CHAPTER III
OF THE SECRETARY OF SOCIAL WEALTH OF THE PRESIDENCY OF THE REPUBLIC
Article 30. Secretary of Social Wealth of the Presidency. The Secretary of Social Wealth of the Presidency is in charge to protect the children and adolescents in state of adoptability, who will go into the orphanages, homes or substitute families of the State.
Article 31. Of the functions of the Secretary of Social Wealth of the Presidency in what respects to adoptions. In addition to the functions attributed to the Secretary of Social Wealth of the Presidency by the Agreement No ***, this institution must:
a. Write a file for each child in state of adoptability in which it states that:
a.1 Information and circumstances and photographs of the child or adolescent;
a.2 Its complete identification given by birth certificate that contains DACYLAR, PALMAR AND PLANTAR prints, as well as fingerprints of the mother when it is adequate;
a.3 Medical history
b. Maintain an archive of the children and adolescents whose right to have a family has been declared endangered and of the institution where they are receiving attention;
c. Maintain an archive of the children and adolescents that have been voluntarily given by their parents;
d. Maintain an archive of the private entities that provide care to children and adolescents in state of adoptability; and
e. Authorize, supervise and control the private entities that that provide care to children and adolescents in state of adoptability.
CHAPTER III
ABOUT THE PUBLIC OR PRIVATE ENTITITES DEVOTED TO PROVIDE CARE TO CHILDREN OR ADOLESCENTS
Article 32. About the registration of the private entities. The private entities devoted to provide care to children or adolescents must register in the Secretary of Social Wealth of the Presidency, indicating the address where the children or adolescents are hosted, their carrying capacity and type of population assisted. In addition, they must attach a certified copy of the following legal documents:
a. Certificate of the corresponding foundation of the institution, adequately registered in the corresponding Civil Registry;
b. Document of Appointment of the legal representative of the institution;
c. List of employees and respective positions;
d. Favorable statement about the functioning of the institution by the Ministry of Public Health and Social Assistance;
e. Favorable statement about the functioning of the institution by the corresponding County office;
f. Other that are to be required by the Secretary of Social Wealth of the Presidency
Article 34. About the supervision of private entities. The private entities devoted to provide care for children and adolescents will be supervised by the Secretary of Social Wealth of the Presidency, at least once a month.
To perform this supervision, the private entities must allow the ingress of adequately identified staff members of the Secretary of Social Wealth of the Presidency to their facilities and provide them with the required information.
Article 35. Penalties. The houses, child care centers, and any other institution of public service, as well as all the private entities that provide care to children and adolescents, that fail to meet the regulations and norms established in this law, as well as the directives of the Secretary of Social Wealth of the Presidency will be penalized in the following manner:
a. If the failure is considered light the institution or entity will receive a written call;
b. If the institution or entity persist in failing, or if the fault is severe , a fine of twenty five thousand to one hundred thousand quetzales will be imposed according to the severity of the fault; and
c. If after the fine is imposed, the institution or entity persists in failing, a definitive closure of the entity will be imposed, through a well founded decision with previous audience to get to know the case.
TITLE III
ABOUT ADOPTABILITY
UNIQUE CHAPTER
Articulo 36. Stage previous to the process of adoption. Previous to initiate the process of adoption, the process of induction must be completed during a period of not more than 10 days.
Article 37. Process of induction to adoption. The process of induction to the adoption process consist of an individual, professional advisory service directed by the multidisciplinary team of the National Rectory of Adoptions, with the objective of informing about the consequences of adoption. This inductive process must be must be verified by the National Rectory of Adoptions in the respective registry.
The boy of rules of this law will determine the manner in which this process will be performed.
Article 38. Process of induction to the biological parents. The biological parents of the child or adolescent to be voluntarily given in adoption, must go to the National Rectory of Adoptions and express their voluntary intention to give their son/daughter in adoption and perform the induction process only after the child is born.
If after completing the process of induction, the parents persist in their intention to give their son/daughter in adoption, they must appear before the Rectory, where it will be certified in an act of consent.
Article 39. Scientific tests. Once the above-mentioned requisites are completed, the Desoxiribonucleic Acid test must be performed as well as the registration of the finger prints of the parents and the finger, hand and feet prints of the child or adolescent whom, after the declaration of adoptability is completed, will be transported to the adequate center.
Article 40. Children and adolescents whose right to have a family has been threatened. The adoptability of a child or adolescent, whose right to have a family has been declared as threatened by a court sentence, could be declared through a study performed by the multidisciplinary team in which it is established his/her need of a family and his/her physical, psychological, emotional and social ability to adapt to it.
TITLE IV
PROCESS OF ADOPTION
CHAPTER I
Articulo 41. Process of induction to the adoptive parents. The persons who wish to adopt a child or adolescent must be subject to the inductive process and, when the adoptive parents are internationals, they must present a certification extended by the Central Authority of their country of its equivalent, that states that they already were subjects to the inductive process.
Article 42. Requisites of the Adoption Application for National Adoptive parents. Once the inductive process is completed, the adoptive should present its application to the National Rectory of Adoptions.
The adoptive who is Guatemalan citizen, must indicate in its application its complete name, age, civil status, nationality, address, Identification Document and mail address to receive notifications. In addition, the adoptive must propose two witnesses. The following documents must be attached to its application:
a. Original or certified photocopy of the birth certificate, and the place of registration of its “cedula de vecindad”, extended by the corresponding Civil Registry;
b. Lack of criminal record of each of the applicants;
c. Original or certified photocopy of the marriage or legalized union certificate of the adoptive applicants, extended by the respective Civil Registry;
d. Certification of employ or income of the applicants;
e. Health certificate of the applicants and of those who live with them;
f. Recent photographs of the applicants; and
g. Certificate of the completed inductive process, extended by the National Rectory of Adoptions.
Article 43. Requisites of the adoption application for international adoptive parents. The international applicants must attach the documents described below, with the necessary law approvals so they can be effective inside Guatemalan territory:
a. Document stating the legal representative in Guatemala;
b. Legalized photocopy of the Identification Documents;
c. Birth certificated extended by the corresponding authority;
d. Lack of criminal records of each of the applicants, extended by the corresponding authority in their country;
e. Marriage or legal union certificate, extended by the corresponding authority in their country;
f. Certification of employment or income of the applicants;
g. Health certificate of the applicants and the persons living with them;
h. Recent photographs of the applicants;
i. Certificate of completion of the Inductive process, extended by the corresponding authority.
Article 44. Additional documents for the international adoptions. In addition to what is required in the above articles in what applies to international adoptions, the applicants, both national and international, must attach the following documents:
a. Witnessed declaration, under oath before the Central authority or its equivalent or before a public notary of the State of origin of the applicants, of two persons who know the applicants for at least two years and who indicate about the financial capability and ethics that will make them able to achieve the obligations that adoption imposes;
b. Certification of Adequacy extended by the Central Authority or its equivalent in the country of origin of the applicants. In the case that the Central Authority is inexistent, it must be extended by the National Rectory of Adoptions following the established procedure.
c. Certification of the completed inductive process extended by the Central Authority of the State or origin of the applicants. If there is no Central Authority or its equivalent, a certification extended by the National Rectory of Adoptions must be presented.
d. Commitment of the Central Authority, and the Adoption Agency in the foreign country when it applies, to provide all the information that will allow to track the development/adaptation of the child or adolescent in its new home.
e. Proof of commitment extended by the Central Authority or Consulate of the receptor country, in which is stated that the child or adolescent can ingress and permanently reside in such country in the moment in which the adoption is legally formalized.
Article 45. Declaration of the Witnesses. Within five days following the day when the application was presented, the National Rectory of Adoptions will summon the witnesses, proposed by the Guatemalan applicants, to present declaration according with that the law requires.
Article 46. Certificate of Adequacy. The disposition and aptitude of the applicants to adopt will be stated in a certification extended by the National Rectory of Adoptions within the five days following the declaration of the witnesses and taking into account, besides the age, the following:
a. That the adoptive applicant possess the ethic and moral capabilities; and
b. That the adoptive applicant possesses the physical and psychological capabilities to foster the full development of the child or adolescent.
This certificate will not be required for the exceptions defined in the Article 10 of this law.
Article 47. Socialization period. After the witnesses had presented their declaration, the National Rectory of Adoptions will authorize a period of coexistence and socialization of no less than eight working days for both the national and international adoptions. This period will be supervised for a specialist designated by the National Rectory of Adoptions, who could request assistance of the multidisciplinary team if he/she considers it necessary.
Article 48. Opinion of the child or adolescent. Within the ten days after the socialization period is concluded, the National Rectory of Adoptions will summon the child or adolescent, according to her/his maturity, for him/her to ratify his/her wish to be adopted.
Article 49. Certificate of Empathy. After the socialization period concludes, and taking into consideration the opinion of the child or adolescent, the National Rectory of Adoptions will extend a certificate of empathy in which it qualifies the quality of the relationship of the child or adolescent and the applicants. This certificate must be extended within eight days and must be taken into consideration to declare if the adoption proceeds or not.
Article 50. Final resolution of the National Rectory of Adoptions. Once all the above mentioned requisites are fulfilled, and based on the final report of the multidisciplinary team, the National Rectory of Adoptions will inform of, in a period no longer than five working days, the corresponding final resolution approving or denying approval for the requested adoption. The resolution that approves all the administrative stages should be voted unanimously.
Article 51. Judicial Intervention. Once the final resolution of the National Rectory of Adoptions is released, this must send the respective file to one Family Court to validate it or not through the corresponding action. It the application is declared valid, it will order the writing of the public decree of adoption.
Article 52. Registration of the adoption. The public decree of adoption must be presented to the corresponding Civil Registry for its registration in the book of adoptions.
TITLE
DEROGATIONS AND MODIFICATIONS
Article 53. The article twenty-eight of the decree number fifty-four hyphen seventy-seven (54-77) of the Congress of the Republic it is modified and will be read as: Article 28. Formalization. The adoption regulated by this law could be formalized before public notary.
Article 54. The article twenty-nine of the decree number fifty-four hyphen seventy-seven (54-77) of the Congress of the Republic it is modified and will be read as: Article 29: Application. The application of a person who wishes to adopt another one could be presented before a public notary, bringing the documents mentioned in the article *** of this law.
Article 55. The article thirty of the decree number fifty-four hyphen seventy-seven (54-77) of the Congress of the Republic it is modified and will be read as: Article 30. Inventory. If the minor possesses material goods, a legal inventory will be performed and it will constitute as sufficient guarantee for the adoptive before to satisfy what the notary requires.
Article 56. The article thirty-one of the decree number fifty-four hyphen seventy-seven (54-77) of the Congress of the Republic it is modified and will be read as: Article 31. Requisites for the Tutor. If the applicant was the tutor of the child or adolescent, the notary must oversee the documents that present evidence that their accounting was approved and that all the material goods were handled out.
Article 57. The article thirty-two of the decree number fifty-four hyphen seventy-seven (54-77) of the Congress of the Republic it is modified and will be read as: Article 32. National Rectory of Adoptions. Once completed the above mentioned requisites, the notary will send the file to the National Rectory of Adoptions for it to perform the administrative procedure as indicated in the chapter *** of this law.
Article 58. The article thirty-three of the decree number fifty-four hyphen seventy-seven (54-77) of the Congress of the Republic it is modified and will be read as: Article 33. Deed. When the adoption deed is written, it must be present the adoptive applicant and the institution who is providing care of the child or adolescent. The notary will extend the respective document and send it to the corresponding Civil Registry with the objective of registering it in the corresponding file.
Article 59. The second paragraph of the article four of the Civil Code is revoked, decree of law number 106.
Article 60. The Chapter VI, Title II of the Book I of the Civil Code is revoked, decree of law 106.
TITLE
TRANSITIONAL DISPOSITIONS
Article 61. Adoptions in process of legalization at the moment when this law becomes in force, they must be legalized according to the dispositions of the law that was used to initiate the process.
Article 62. Children and adolescents under the care provided by foster families at the moment when this law becomes in force. Within thirty days the National Rectory of Adoptions will evaluate and confirm the situation of children or adolescents under the care provided by foster families.
Article 63. Deadline for the registration of the private entities in the Secretary of Social Wealth of the Presidency. All the private entities that provide care to children must register in the Secretary of Social Wealth of the Presidency within the fifteen days after this law becomes in force.
Article 64. Regulations of the law. Within fifteen days following the entrance in force of this law, the corresponding group of regulations must be emitted.
Article 65. Deadline for the integration of the National Rectory of Adoptions. The entities in charge of assigning a representative for the National Rectory of Adoptions must do so within the thirty days after this law becomes in force with the objective of integrating the National Rectory of Adoptions in the five days following the members’ designation.
TITLE
IN FORCE
Article 66. The present decree will become in force eight days after its publication in the Official Newspaper.
October 20th is the holiday known in Guatemala as Revolution Day. It commemorates the “October Revolution” of 1944 in which a virtually bloodless coup led to the overthow of the Ponce dictatorship and the presidency of Dr. Juan Jose Arevalo Bermejo.
In order to understand and appreciate the significance requires a little history lesson...
The story begins near the end of WWII when Guatemala had been ruled by a harsh dictator named General Ubico for over a decade. In the spring of 1944, a growing coalition of teachers, shopkeepers, skilled workers and students decided enough was enough. This coalition had been exposed to the promise of democracy and was motivated by FDR’s “Four Freedoms” - a declaration that all people were entitled to freedom of speech, freedom of religion, freedom from want, and freedom from fear. Realizing the harsh conditions they had been living in, the Guatemalans saw the inequities in their system and were finally doing something about it.
At the same time, middle-class Guatemalans were seeing some improvements being made to the middle-class in Mexico as a result of that country’s nationalizing of its oil industry. This too started to get Guatemalans thinking that the country was in need of more social programs and freedoms.
All of this caught the Ubico regime and the ruling aristocracy a bit by surprise as they never realized that the people could organize so effectively.
The first overt act of protest was carried out by teachers demanding higher wages when they announced that they would refuse to march, as tradition demanded, in the annual Teacher’s Day parade scheduled for June 30, 1944. Furthermore, they began to stage a series of nonviolent demonstrations. On June 29th, the scattered protests came together into what was the largest protest in the country’s modern history. It encompassed nearly every segment of urban Guatemalan culture. The coalition converged on the capital’s central square demanding that Ubico step down from power. Ubico responded by ordering in his cavalry and some 200 people died. But the response was not what Ubico had hoped for. Instead of ending the unrest, many of the victims became martyrs and the energy of the movement grew.
A few days later, 311 teachers, lawyers, doctors, small businessmen, and other citizens handed Ubico the “Petition of the 311” which expressed the “full solidarity” of the signers with the “legitimate aspirations” of the protestors. This shocked Ubico as many of the signers were not from the lower class and were known personally to him as friends and prominent citizens.
On July 1, Ubico surprised the nation when he resigned and placed one of his military commanders, General Frederico Ponce, into office. Ponce was not much better than Ubico and thought that all the country wanted was a new strongman. He was gravely mistaken as the ferment continued. In the fall of 1944, Guatemala’s most prominent journalist, Alejandro Cordova, who was also a member of the largely powerless National Legislative Assembly, incited the dissident movement with a series of anti-government newspaper articles. He followed these up with a fiery speech before the Assembly and was promptly assassinated within a few days. This new act violence only gave the dissent more fervor.
In order to create the impression of democracy, Ponce called for a free election to present himself for popular ratification. While many people came forth to present themselves as opposition candidates, the teachers were looking for someone revolutionary who had no history in the politics that had for so long fought against popular will. They found this in Dr. Juan Jose Arevalo Bermejo, himself a teacher who had lived in exile in Argentina for 14 years.
On September 2, 1944, Arevalo returned to Guatemala and was met with a huge, cheerful demonstration that was larger than any of the prior ones. However, Arevalo had to quickly go into hiding as Ponce had issued a warrant for his arrest.
Ponce never got to participate in the election though as he was forced to flee the country on October 22 to Mexico following an armed revolt led by two young officers, Major Francisco Arana and Captain Jacobo Arbenz. Ubico, who was waiting in the wings hoping to return to power, was forced to seek sanctuary in the British Legation.
Guatemala’s “October Revolution” was won in lightning speed with only 100 lives lost. Arana and Arbenz were deemed victorious heroes and formed a ruling junta with Jorge Toriello, a prominent businessman. They immediately announced that free elections, the first in the nation’s history under a democratic constitution, would be held soon.
Arevalo won that election as a clean candidate and promptly called for democratic reform with a definite socialist bend. On March 15, 1945 he took office as the first popularly elected President of Guatemala. This was the start of an age of reform that later led to Arbenz becoming President. And it was the Arbenz presidency and his land reform policy which ultimately caused the CIA to stage a coup against him, essentially beginning the horrendous 36 year civil war which led to the massacre of an estimated 200,000 mostly innocent indigenous civilians.
For more information on the Civil War and the 20th century history of Guatemala, please read the book Bitter Fruit, where most of this information on Revolution Day came from.
As seems to be a near annual event, UNICEF has once again called for the government of Guatemala to place a moratorium on adoptions. Last year this was via the Procurador de Derechos Humanos when he falsely claimed that PGN had approved 1,500 adoptions in 10 days. This year, it has come via a conference held in Guatemala. The conference was attended by President and Mrs. Berger, members of the PGN, members of Congress, as well as officials from other Latin American countries.
It is uncertain what impact, if any, this conference will have on in-process cases or on the future of adoptions from Guatemala. For the most part, the content seemed to be more of the sensationalized claims that have become commonplace for UNICEF. These claims are all well documented and quite frankly not worth repeating
Despite a change in its formal position regarding intercountry adoption issued earlier this year, it is apparent that UNICEF has not changed anything in practical application. They still lobby for an end to intercountry adoption from Guatemala without offering any help, monetarily or legislatively, to how Guatemala can improve its adoption system in a manner that is consistent with the Guatemalan Constitution, respectful to the human and civil rights of birthmothers, and not detrimental to very children it claims to seek to protect. Once again UNICEF had speakers declare the definition of success as being a severe reduction in intercountry adoptions without any mention of increases in domestic adoptions, family unifications, or improvements to social programs designed to provide the basic necessities children need to survive and flourish.
As more develops regarding any impact this conference may have we shall certainly report it. We shall also report any grassroots campaigns or other organizing going on to expose UNICEF for its hypocritical position on ICA. In the next week or so, we will also be publishing a campaign to inform Trick-or-Treaters for UNICEF on how their position on ICA is truly detrimental to children.
It has been a little while since I have posted about the pending ICARE legislation so I’m putting it back up again.
This legislation creates a new national Office of Intercountry Adoption, headed by an Ambassador At Large who would be appointed by the President and report to the Secretary of State. This office and Ambassador would have extreme control over U.S. policy regarding intercountry adoption.
The bill(s) also grant citizenship rights to children adopted abroad that are equal to those of biological children of U.S. citizens that are born abroad. And no, our kids still couldn’t become President (that requires a change to the Constitution).
ICARE stands to dramatically change the intercountry adoption landscape and EVERYONE with an interest in intercountry adoption owes it to themselves to learn more about it.
With the objective, non-opinionated stuff said, I want to state that personally, this bill scares the living you-know-what out of me. IMHO, ICARE leaves too many questions unanswered that could lead to detrimental policies. It opens the door to politicizing intercountry adoption at a time when partisanship is at an all-time high. Its implementation schedule is not realistic and would most likely wreak havoc on the families and children in-process if it came to fruition.
While the changes in citizenship rules are impressive, they do not require a new piece of legislation (I was told this by a US Representative). So while these are being heralded by some as “an adoptive parents dream”, they are not reason enough to support this bill.
But don’t take my word for it, read up on it for yourselves. Focus on Adoption™ has an excellent page on its site that gives commentary on ICARE as well as links to the actual bills (they don’t take long to read and the House and Senate versions are exactly the same) as well as the members of Congress who have it on their desks. You can find this info at http://www.focusonadoption.com/educate1.shtml.
So learn about the bill, formulate your own opinion, and contact your Senators and Representative to let them know what you think. Whatever your opinion may be, this is an extremely important piece of legislation. The voice of the adoption community needs to be heard and represented.
This is our handsome PICTUREOF THE WEEK dude, Miguel who is 5.5 months. This is a face you just want to kiss all over!!!
With that being said, I hope that all you parents with a camera remember to get your photos to us by OCTOBER 15th so they will have a chance to be in the calendar. For details, see 2005 Calendar Photo Contest participation!
Guatemala Adoption Information and News
GUATADOPT.COM News about Guatemalan Adoptions: for parents, professionals and adoption advocates. "There are no shortcuts to any place worth going." ~Anonymous
« September 2004 | Main | November 2004 »
October 31, 2004
VOTE!!!
Tuesday is of course election-day and this is also undoubtedly one of the most important and closest elections this country has faced in a long time.
Don’t worry; the rest of this post is not going to include any endorsements or progressive political lobbying from yours truly.
It is a very sad thing that only about half of the eligible American population makes his/her way into the voting booth. For the world’s greatest and most notorious democracy (though actually we are a republic), it is disheartening that voter turnout lags far behind many less established and secure democracies. So matter what else is going on, no matter how much you hate or love both Kerry and Bush, make sure you vote.
My one bit of political posturing is a call to set your own personal life here and now aside and vote for those candidates and propositions you believe are best for our children’s future. I read an interesting book recently that was written by a group of Business Ethics professors. The book was about environmentalism in American corporate business but was written in the context of “the wager of our children’s future”. Quite simply, it stated that so much is unknown about environmental threats, but are we really willing to take the chance on our children’s futures? And for those ready to comment that I’m not keeping my vow to remain non-partisan, this book does not endorse increased governmental regulation. Instead, it calls for all companies to decide how proactive they wish to be and to utilize that in a way that creates competitive advantage. Yes, quite capitalistic and laissez-faire I must say.
For me personally, active environmentalism, promoting racial equality, strong social programs, and empahtically protecting civil liberties are what drives my determination of what’s best for the world I will hand down to my daughter. But for others, it could very well be the removal of estate taxes, privatizing social security, an emphasis on national defense, and governmental control of morality. I hope I did not describe those priorities pejoratively; it honestly was not my intent. I certainly don't mean to imply that either set of goals listed is exclusive of those in the other. There are many ways to attempt to go after the same goals and the most productive road is unclear. We are each different with equally valuable opinions on these matters. It is only through the exercise of our right to vote that we are collectively most apt to determine the right answers.
But when we vote based only on what may provide some immediate solace, we are thinking far too short term in nature. And this can be dangerous because it almost by default means we’re ignoring the dilemmas that inevitably lie ahead. Even worse off is when we don’t vote at all. Because then we are saying that we don’t even care. Not voting inherently means placing the power in the lobbyists and special interests that, IMHO, have equally damaged both of our major political parties and threaten the very fabric of our democracy.
So get out to the polls and be heard. I know this is a non-adoption, non-Guatemala post. I don’t think either candidate will be better or worse so far as adoption is concerned. But this website is ultimately about family, children, and all things that impact the lives of those families formed through intercountry adoption. So in that vain, I’ll stretch things a bit and once again make the call to action.
GO VOTE!!!!
Posted by Kevin at 06:36 PM | Permalink | Comments (21)
October 27, 2004
OHIO RESIDENTS!!!!
On Tuesday, you will be able to vote on State Issue One which is positioned as a way to prevent gay marriage. But the law goes far beyond this and will prohibit public sector employers from offering medical leave and medical benefits to children adopted by single parents and/or unmarried couples (including heterosexual couples). So PLEASE vote “No” on this bill. You can read about it at:
http://www.sos.state.oh.us/sos/news/guide/IssuesReport-04.pdf
note: this bill was e-mailed and described to me by an Ohio resident who had received an e-mail from an adoption agency about it. It appears as though there are differing views on what it would actually do. Personally, I tend to believe that one has to read legislation like this and ponder how it could be misused and abused in order to understand the whole picture. But I am not a legal expert nor a resident of Ohio so it is up to the Ohio voter to decide.
Posted by Kevin at 04:45 PM | Permalink | Comments (6)
Halloween Campaign
Those of us who've adopted children from Guatemala know that UNICEF's annual Halloween collection campaign involves a lot of tricks, but certainly no treats, for children hoping for a "forever family." But outside of the adoption community, very few people know what UNICEF has been up to under the guise of "helping the children."
UNICEF's tricks include:
• advocating for new adoption laws without providing the funding to implement those laws effectively and care for children in orphanages and other institutions
• distorting the nature of the notarial adoption process in Guatemala
• denying that they oppose ICA when in fact their actions indicate they do.
We all grew up knowing a UNICEF that worked to vaccinate children, promote literacy, and provide humanitarian relief. We can only hope that UNICEF will one day return to its original mission, rather than its current emphasis on public policy advocacy that may sound good on paper but that has had a devastating impact on children eligible for adoption.
So let’s make them and all parents that come to our doors on Halloween aware of what is going on.
Here are two different fliers you can use to hand out.
The first one prints four-to-a-page that is perfect for handing out to all parents out with their kids. It is a rehash from last year but unfortunately, the story hasn’t changed.
Download file
The second is one developed by my lovely wife and is more designed at those Trick-or-Treating for UNICEF. Feel free to use it as-is or to customize it with your own child’s picture.
Download file
The important thing here is to utilize this children’s holiday as a chance to inform more of the public about UNICEF’s position on intercountry adoption and to make UNICEF’s supporters aware of what all they stand for.
Posted by Kevin at 03:51 PM | Permalink | Comments (3)
October 19, 2004
Proposed New Law
Here is a translation of the law that has been proposed to the Guatemalan Congress. There are some issues with the translation so please bear with them. I have given it one quick read and it reminds me of ICARE in that it does not spell out all the specifics, such as how it is determined that no domestic family exists for the child.
A few things I know of interest are that it does seem to end foster care as we know it. As someone whose daughter had the most wonderful care possible and who remains very close with her foster family, this is truly a shame! My daughter's foster family is now our family and that is a tie to her birth country that should be rewarded as being consistent with the Hague Convention and the UNCRC!
The good news for those of you in process is that it does state that you will be allowed to complete your adoptions under the current system. At least that is how I read it.
THERE IS NO REASON TO BELIEVE THAT THIS LAW WILL PASS AND IT IF DID, THERE IS EVERY REASON TO BELIEVE THAT IT WOULD BE OVERTURNED BY THE CONSTITUTIONAL COURT. So read this for information, not as something destined to become reality!
Decree number
Congress of the Guatemala Republic
Considering
That, according to what it is established by the article 1 of the Politic Constitution of the Guatemala Republic, the State is organized to protect the person and the family, having as a goal the realization of the common wealth. Based on that, and being that part of the rights that are inherent to persons is to have a family; its organization must be promoted based on the legal basis of marriage and responsible parenthood.
Considering
That the Guatemalan State recognizes and protects the adoption declaring of National interest the protection of orphan and abandoned children based on what is established in the article 54 of the Constitution of the Guatemalan Republic.
Considering
That it is necessary to create a organized group of laws to protect the Guatemalan children and that would grant their rights and that specifies as a priority all the adequate measures to allow the child or adolescent to remain with their families, or, in the case of given in adoption, that that process is based on the child or adolescent’s best interest
Considering
That the Guatemalan State has assumed a series of international compromises in what respects to the protection of the children and adolescents, specifically in what is related to international adoptions and because the current legal framework in our country do not respond to the basic principles of that institution, it is necessary to establish the corresponding regulations
Considering
That the Law of Integral Protection of the Childhood and Adolescence, Decree number 27-2003 of the Congress of the Guatemalan Republic establishes in the article 23rd that a special law must regulate what respects to adoptions
Therefore
In exercise of the attributions conferred by the article 171 section a) of the Political Constitution of the Guatemalan Republic,
Declares the following:
Adoption Law
Title 1
Of the Adoption
Chapter 1
Definition, Principles and Effects of Adoption:
Article 1. Definition and Juridical Nature. The adoption is a social institution of protection and order tutored by the State and for which it is restored the right to a family to one child or adolescent, family that is integrated according to our legislation, and from which the child or adolescent is received and welcomed as own son or daughter.
Adoption is complete, irrevocable and could not be resigned.
Article 2. Types of Adoption: Adoption can be National or International.
The adoption is national when the adoptive parents have their permanent residence in the Guatemalan Republic’s territory, with the objective that the child or adolescence would grow in National territory.
The adoption is international when it is realized by people of any nationality that have their resident in a foreign country and which the objective of transporting the child or adolescent out of this country
Article 3. Principles. The Regulating principles of the adoption are:
A. The best interest of the child
Any decision taken with respect to the adoption of a child or adolescent, must guarantee its best interest and it must ensure the realization of its rights.
B. The right to have a family
The child or adolescent has the right to remain with its biological family. In the case that this is not possible, it must remain with more distant relatives. If this is not possible, the child could be adopted, first of all, by a family that lives in its own community and, in the last case, by a family outside its community. If this is not possible, the child could be adopted by people outside its community but in the National territory and if this is not possible, then it could be adopted by internationals.
C. Subject of Right
The child or adolescent must be considered in all moments as subject of its rights
D. Tutoring
It corresponds to the Guatemalan Republic State to protect, control and facilitate the adoption of orphan or abandoned children.
E. Protection
The child or adolescent has the right to be protected by the State of any kidnapping or trade of children, prostitution or usage in pornography or any form of exploitation or sexual abuse
F. Expressed consent
The consent of the biological parents must be expressed in written form; it must be express freely and only after the child is born. Such consent could not be obtained in trade of money or any other kind of compensation.
G. Advisory
The biological parents and the adoptive candidates must be adequately advised about the consequences of their decisions along all the adoption process.
H. Opinion.
Every child or adolescent has the right to freely express its opinion and the right for it to be taken into account during the process of adoption, considering its age and maturity.
I. Lack of material goods
The lack of material goods from the biological parents does not constitute a sufficient justification to give their child or adolescent in adoption.
J. Social Nature:
Being the adoption an institution of social character, it is against its nature to obtain financial benefits or of other nature by the persons involved in it.
K. Nationality
The child or adolescent does not lose the Guatemalan nationality or the rights that are inherent to it, when is given in adoption.
L. Life and Integrity
The State must make sure that the life and integrity of the child and adolescent is being respected.
M. Equality of Rights
The State must make sure that the children or adolescents that are to be adopted by internationals, have at leas the same rights and guarantees than the Guatemalan legislation provides them.
N. Right of privacy
All the actions in the adoption process have the quality of confidential and certified copies of the documents could only be provided to the adopted child or adolescent, the adoptive parents or the biological parents.
Article 4. Effects of Adoption. With the adoption, the links of the adopted child or adolescent and their biological parents cease, and consanguinity links are generated among the adopted and the adoptive parents and relatives.
The elimination of the link with the biological parents do not eliminate the prohibitions contained in the Civil Code concerning the impediments about marriage.
Chapter II
About the subjects of the adoption
Article 5. Subjects that could be adopted
Could be adopted:
a. the child or adolescent who is orphan from both mother and father;
b. the child or adolescent that, in court sentence, his right to have a family has been declared endangered due to abandonment or lack of protection;
c. the child or adolescent whose parents have lost its custody;
d. the child or adolescent whose parents had voluntarily declared their wish to give their child in adoption; and
e. the son or daughter of one of the spouses or united-partner that has expressed its consent according to the law.
When two or more siblings are susceptible of being adopted, they could not be separated before or during the adoption process. In the same way, it must be attempted for them to be adopted by the same family, except when there are reasons responding to their best interest.
Article 6. Adoptability. Adoptability is understood as the declaration that establishes that a child or adolescent needs an adoptive family and that it has the physical, psychological, emotional and social capability to adapt to the new family. Every child or adolescent that has been declared as in state of adoptability could be subject of adoption.
Article 7. Subjects that can adopt. Could adopt:
a. the persons that are united in marriage or in legally declared union; and
b. single persons
Article 8. Difference in age. The person who is intending to adopt a child or adolescent must have a difference in age with the child of at least fifteen years.
This rule does not apply when the child to be adopted is the son or daughter of the spouse or legally declared partner and when the couple is been living together for at least for years.
Article 9. Adequacy of the adoptive parent(s). To determine the adequacy of the adoptive candidates it must be taken into account, besides the age difference, the following: have ethic, moral and sociocultural qualities besides the physical and psychological capabilities to foster the full development of the child or adolescent. This adequacy must be accredited by the Adequacy Certificate.
Article 10. Exceptions to the Adequacy. It will not be necessary to obtain the Adequacy Certificate when the adoption is of a person who is not a minor, if this persons expressly manifests its consent, and only if the adopted person had lived with the adoptive parents for a period not less than 3 years, or if is one of the partners in a couple that is to adopt the child.
Article 11. Impediments to adoption. Have impediments to adopt:
a. Those persons who suffer of diseases, mental or behavioral disorders that represent a risk to the health, life, integrity or full development of the child or adolescent;
b. Those persons that have physical or psychological dependence to drugs or psychoactive substances;
c. Those persons indicted for crimes against the integrity of the child or adolescent;
d. The spouse or legally declared partner without the expressed consent of the other.
Article 12: Material goods of the adopted. In the case that the adopted child owns material goods, the adoptive candidate will be under the same regulations regarding the rights and responsibilities than the biological parents in what respects to the administration of such material goods.
The tutor could not adopt a pupil as long as the tutored administration of the accounts and the material goods have not been given to the pro-tutor.
Article 13. Rights and Obligations. The adopted child or adolescent will have the same rights and obligations than the biological sons or daughters with their parents.
Article 14. Prohibitions. Given that the adoption is a social institution of protection, it is prohibited that:
a. The persons involved in the adoption obtain financial benefits or other kind of benefits;
b. The biological parents would decide who is to adopt their child or adolescent;
c. The adoptive parents use or decide to use the organs or tissues of the child or adolescent, either for their family or third parties; and
d. The authorization of adoption without fulfilling all the requisites and procedures that are established by the law; and
e. The persons involved in the process of adoption have any association with the private entities that are responsible of the care of children or adolescents that are in state of adoptability.
Title II
OF THE INSTITUTIONS RELATED WITH THE ADOPTION
CHAPTER 1
OF THE RECTORY OF ADOPTIONS
Article 15. Creation. The National Rectory of Adoptions is created and will regulate in what respects to adoptions.
Article 16. Juridical Nature. The National Rectory of Adoptions is a technical institution, deconcentrated with functional independence, ascribed to the Secretary of Social Wealth of the Presidency and that depends financially from it.
Article 17. Integration. The National Rectory of Adoptions will be integrated in the following manner:
a. The Attorney for Childhood and Adolescence of the Office of the National Attorney General will coordinate it;
b. One representative designated by the Secretary of Social Wealth of the Presidency;
c. One representative designated by the National Commission for the Childhod and Adolescence; and
d. One representative designated by the Ministry of Foreign Affairs. Simultaneously with the designation of the titular of each position, one substitute will be designated and they will have the ability to decide and could not delegate their functions. The member of the National Rectory of Adoptions will remain in their positions for four years.
Article 18. Of the requisites to be member of the National Rectory of Adoptions. To be a member, the following requisites must be fulfilled:
a. be a Guatemalan citizen by birth;
b. be of recognized honorability;
c. be a professional and active collegiate; and
d. be in full possession of its rights as a citizen
Besides the above-mentioned requisites, the persons integrating the National Rectory of Adoptions should be chose preferentially among those persons with experience in the issues related to childhood and adolescence and in conformity of the Ethic Norms of the Executive Organism.
Article 19. Prohibitions to be member of the National Rectory of Adoptions. Could not be members of the National Rectory of Adoptions:
a. Those persons sentenced in hearings for accounts;
b. Those persons sentenced for crimes DOLOSO;
c. Those persons sanctioned by their professional college;
d. Those persons connected to or representing the interests of public or private entities that provide care to children or adolescents.
Article 20. Functions of the National Rectory of Adoptions. Functions of the National Rectory of Adoptions are:
a. To ensure the protection of children and adolescents in the process of adoption and to take the appropriate measures to prevent that material benefits are obtained from it;
b. To receive the adoption applications and create the respective file;
c. To maintain and facilitate the control and registration in the process of the adoption;
d. Promote and provide the advisory services in what respects to adoption;
e. To receive from the Central Authorities or equivalent authorities in other countries, the applications for international adoptions, verifying their authenticity through the Ministry of External Relations;
f. To maintain an archive of the realized adoptions, national and international;
g. To maintain an archive of the process of adoptions and the consent of authorization to initiate the process;
h. To maintain an archive of notaries that intervene in the process of adoptions;
i. To maintain an archive of children and adolescents in state of adoptability;
j. To maintain an archive of persons who wish to adopt;
k. To execute DNA testing and other scientific tests to verify the paternity of the biological parents;
l. To maintain an archive of scientific tests, photographs and DACTYLAR, PALMAR AND PLANTAR prints of the children or adolescents in state of adoptability.
m. To declare and certify the adoptability of the child or adolescent in the process of adoption;
n. To provide the certification of induction to adoption;
o. To certify and provide the Certificate of Adequacy;
p. To request the Certificate of Adequacy from the Central Authority or its equivalent;
q. To authorize the period of socialization with the adoptive parents according of that it is established in the law;
r. To provide the Certificate of Empathy;
s. To verify that the consent of the parties is obtained according to the present law;
t. To provide a final resolution to establish the precedence of the adoption;
u. To request to the pertinent institutions the information necessary to fulfill its obligations;
v. To provide the required information about the National Legislation in what respects to adoptions to the Central Authorities or the equivalent authorities in other countries;
w. To request information about legislation in what respects to adoptions from the Central Authorities or the equivalent authorities in other countries;
x. To follow the course of the national adoptions according to the present law and its regulations;
y. To follow the course of the international adoptions maintaining frequent communication with the Central Authorities or the equivalent authorities in other countries in coordination with the Ministry of Foreign Affairs
z. Exchange evaluation reports with the different Central Authorities or international organizations to crate an adequate supervision of the process in the receptor country in coordination with the Ministry of Foreign Affairs; and
aa. Any other function pertinent to the fulfillment of its obligations.
Article 22. Normative capabilities. The National Rectory of Adoptions will dictate the regulations about its own organization and operation.
Article 23. Exercise of functions. The members of the National Rectory of Adoptions will execute their functions in independence of the entity that designated them and in conformity to the principles of impartiality and dignity inherent to their positions.
Article 24. Sessions of the National Rectory of Adoptions. The National Rectory of Adoptions will have sessions as many times as required and their members will establish what respects to ordinary and extraordinary sessions.
Article 25. Quorum. For the sessions of the National Rectory of Adoptions it is required the presence of all its members, with the possibility of calling the substitute members to take the place of the absent titular
Article 26. Voting. The resolutions of the National Rectory of Adoptions must be unanimous among their members.
Article 27. Of the multidisciplinary team. To achieve an effective fulfillment of its obligations, the National Rectory of Adoptions will have the support of a multidisciplinary team constituted by: lawyers and public notaries, clinic psychologists, social workers, psychiatrists, internal-medicine doctors, pediatricians and any other professional that the National Rectory of Adoptions considers adequate.
Article 28. Of the requisites needed to be a member of the multidisciplinary team. To be a member of the multidisciplinary team the same requisites to be a member of the National Rectory of Adoptions apply.
Article 29. Of the functions of the multidisciplinary team. Functions of the multidisciplinary team are:
a. Provide advisory to involved parties regarding the process of adoption;
b. Write the report about the child or adolescent susceptible of being adopted, that contains the information regarding the identity, social environment, personal and familiar development, medical history of the child or adolescent and its family and all what is related to its future needs. If for any reason any of the information could not be presented in the report, it must be explicitly stated;
c. To execute the required investigations and tests requested by the National Rectory of Adoptions and to suggest other that consider adequate;
d. Express opinion regarding the Adequacy of the adoptive candidates, the adoptability of the child or adolescent, the empathy between the adoptive candidates and the child or adolescent and the advisory required for the process;
e. Write the final report to the Rectory; and
f. Other functions that, according to their technical work, would be required by the National Rectory of Adoptions.
CHAPTER III
OF THE SECRETARY OF SOCIAL WEALTH OF THE PRESIDENCY OF THE REPUBLIC
Article 30. Secretary of Social Wealth of the Presidency. The Secretary of Social Wealth of the Presidency is in charge to protect the children and adolescents in state of adoptability, who will go into the orphanages, homes or substitute families of the State.
Article 31. Of the functions of the Secretary of Social Wealth of the Presidency in what respects to adoptions. In addition to the functions attributed to the Secretary of Social Wealth of the Presidency by the Agreement No ***, this institution must:
a. Write a file for each child in state of adoptability in which it states that:
a.1 Information and circumstances and photographs of the child or adolescent;
a.2 Its complete identification given by birth certificate that contains DACYLAR, PALMAR AND PLANTAR prints, as well as fingerprints of the mother when it is adequate;
a.3 Medical history
b. Maintain an archive of the children and adolescents whose right to have a family has been declared endangered and of the institution where they are receiving attention;
c. Maintain an archive of the children and adolescents that have been voluntarily given by their parents;
d. Maintain an archive of the private entities that provide care to children and adolescents in state of adoptability; and
e. Authorize, supervise and control the private entities that that provide care to children and adolescents in state of adoptability.
CHAPTER III
ABOUT THE PUBLIC OR PRIVATE ENTITITES DEVOTED TO PROVIDE CARE TO CHILDREN OR ADOLESCENTS
Article 32. About the registration of the private entities. The private entities devoted to provide care to children or adolescents must register in the Secretary of Social Wealth of the Presidency, indicating the address where the children or adolescents are hosted, their carrying capacity and type of population assisted. In addition, they must attach a certified copy of the following legal documents:
a. Certificate of the corresponding foundation of the institution, adequately registered in the corresponding Civil Registry;
b. Document of Appointment of the legal representative of the institution;
c. List of employees and respective positions;
d. Favorable statement about the functioning of the institution by the Ministry of Public Health and Social Assistance;
e. Favorable statement about the functioning of the institution by the corresponding County office;
f. Other that are to be required by the Secretary of Social Wealth of the Presidency
Article 34. About the supervision of private entities. The private entities devoted to provide care for children and adolescents will be supervised by the Secretary of Social Wealth of the Presidency, at least once a month.
To perform this supervision, the private entities must allow the ingress of adequately identified staff members of the Secretary of Social Wealth of the Presidency to their facilities and provide them with the required information.
Article 35. Penalties. The houses, child care centers, and any other institution of public service, as well as all the private entities that provide care to children and adolescents, that fail to meet the regulations and norms established in this law, as well as the directives of the Secretary of Social Wealth of the Presidency will be penalized in the following manner:
a. If the failure is considered light the institution or entity will receive a written call;
b. If the institution or entity persist in failing, or if the fault is severe , a fine of twenty five thousand to one hundred thousand quetzales will be imposed according to the severity of the fault; and
c. If after the fine is imposed, the institution or entity persists in failing, a definitive closure of the entity will be imposed, through a well founded decision with previous audience to get to know the case.
TITLE III
ABOUT ADOPTABILITY
UNIQUE CHAPTER
Articulo 36. Stage previous to the process of adoption. Previous to initiate the process of adoption, the process of induction must be completed during a period of not more than 10 days.
Article 37. Process of induction to adoption. The process of induction to the adoption process consist of an individual, professional advisory service directed by the multidisciplinary team of the National Rectory of Adoptions, with the objective of informing about the consequences of adoption. This inductive process must be must be verified by the National Rectory of Adoptions in the respective registry.
The boy of rules of this law will determine the manner in which this process will be performed.
Article 38. Process of induction to the biological parents. The biological parents of the child or adolescent to be voluntarily given in adoption, must go to the National Rectory of Adoptions and express their voluntary intention to give their son/daughter in adoption and perform the induction process only after the child is born.
If after completing the process of induction, the parents persist in their intention to give their son/daughter in adoption, they must appear before the Rectory, where it will be certified in an act of consent.
Article 39. Scientific tests. Once the above-mentioned requisites are completed, the Desoxiribonucleic Acid test must be performed as well as the registration of the finger prints of the parents and the finger, hand and feet prints of the child or adolescent whom, after the declaration of adoptability is completed, will be transported to the adequate center.
Article 40. Children and adolescents whose right to have a family has been threatened. The adoptability of a child or adolescent, whose right to have a family has been declared as threatened by a court sentence, could be declared through a study performed by the multidisciplinary team in which it is established his/her need of a family and his/her physical, psychological, emotional and social ability to adapt to it.
TITLE IV
PROCESS OF ADOPTION
CHAPTER I
Articulo 41. Process of induction to the adoptive parents. The persons who wish to adopt a child or adolescent must be subject to the inductive process and, when the adoptive parents are internationals, they must present a certification extended by the Central Authority of their country of its equivalent, that states that they already were subjects to the inductive process.
Article 42. Requisites of the Adoption Application for National Adoptive parents. Once the inductive process is completed, the adoptive should present its application to the National Rectory of Adoptions.
The adoptive who is Guatemalan citizen, must indicate in its application its complete name, age, civil status, nationality, address, Identification Document and mail address to receive notifications. In addition, the adoptive must propose two witnesses. The following documents must be attached to its application:
a. Original or certified photocopy of the birth certificate, and the place of registration of its “cedula de vecindad”, extended by the corresponding Civil Registry;
b. Lack of criminal record of each of the applicants;
c. Original or certified photocopy of the marriage or legalized union certificate of the adoptive applicants, extended by the respective Civil Registry;
d. Certification of employ or income of the applicants;
e. Health certificate of the applicants and of those who live with them;
f. Recent photographs of the applicants; and
g. Certificate of the completed inductive process, extended by the National Rectory of Adoptions.
Article 43. Requisites of the adoption application for international adoptive parents. The international applicants must attach the documents described below, with the necessary law approvals so they can be effective inside Guatemalan territory:
a. Document stating the legal representative in Guatemala;
b. Legalized photocopy of the Identification Documents;
c. Birth certificated extended by the corresponding authority;
d. Lack of criminal records of each of the applicants, extended by the corresponding authority in their country;
e. Marriage or legal union certificate, extended by the corresponding authority in their country;
f. Certification of employment or income of the applicants;
g. Health certificate of the applicants and the persons living with them;
h. Recent photographs of the applicants;
i. Certificate of completion of the Inductive process, extended by the corresponding authority.
Article 44. Additional documents for the international adoptions. In addition to what is required in the above articles in what applies to international adoptions, the applicants, both national and international, must attach the following documents:
a. Witnessed declaration, under oath before the Central authority or its equivalent or before a public notary of the State of origin of the applicants, of two persons who know the applicants for at least two years and who indicate about the financial capability and ethics that will make them able to achieve the obligations that adoption imposes;
b. Certification of Adequacy extended by the Central Authority or its equivalent in the country of origin of the applicants. In the case that the Central Authority is inexistent, it must be extended by the National Rectory of Adoptions following the established procedure.
c. Certification of the completed inductive process extended by the Central Authority of the State or origin of the applicants. If there is no Central Authority or its equivalent, a certification extended by the National Rectory of Adoptions must be presented.
d. Commitment of the Central Authority, and the Adoption Agency in the foreign country when it applies, to provide all the information that will allow to track the development/adaptation of the child or adolescent in its new home.
e. Proof of commitment extended by the Central Authority or Consulate of the receptor country, in which is stated that the child or adolescent can ingress and permanently reside in such country in the moment in which the adoption is legally formalized.
Article 45. Declaration of the Witnesses. Within five days following the day when the application was presented, the National Rectory of Adoptions will summon the witnesses, proposed by the Guatemalan applicants, to present declaration according with that the law requires.
Article 46. Certificate of Adequacy. The disposition and aptitude of the applicants to adopt will be stated in a certification extended by the National Rectory of Adoptions within the five days following the declaration of the witnesses and taking into account, besides the age, the following:
a. That the adoptive applicant possess the ethic and moral capabilities; and
b. That the adoptive applicant possesses the physical and psychological capabilities to foster the full development of the child or adolescent.
This certificate will not be required for the exceptions defined in the Article 10 of this law.
Article 47. Socialization period. After the witnesses had presented their declaration, the National Rectory of Adoptions will authorize a period of coexistence and socialization of no less than eight working days for both the national and international adoptions. This period will be supervised for a specialist designated by the National Rectory of Adoptions, who could request assistance of the multidisciplinary team if he/she considers it necessary.
Article 48. Opinion of the child or adolescent. Within the ten days after the socialization period is concluded, the National Rectory of Adoptions will summon the child or adolescent, according to her/his maturity, for him/her to ratify his/her wish to be adopted.
Article 49. Certificate of Empathy. After the socialization period concludes, and taking into consideration the opinion of the child or adolescent, the National Rectory of Adoptions will extend a certificate of empathy in which it qualifies the quality of the relationship of the child or adolescent and the applicants. This certificate must be extended within eight days and must be taken into consideration to declare if the adoption proceeds or not.
Article 50. Final resolution of the National Rectory of Adoptions. Once all the above mentioned requisites are fulfilled, and based on the final report of the multidisciplinary team, the National Rectory of Adoptions will inform of, in a period no longer than five working days, the corresponding final resolution approving or denying approval for the requested adoption. The resolution that approves all the administrative stages should be voted unanimously.
Article 51. Judicial Intervention. Once the final resolution of the National Rectory of Adoptions is released, this must send the respective file to one Family Court to validate it or not through the corresponding action. It the application is declared valid, it will order the writing of the public decree of adoption.
Article 52. Registration of the adoption. The public decree of adoption must be presented to the corresponding Civil Registry for its registration in the book of adoptions.
TITLE
DEROGATIONS AND MODIFICATIONS
Article 53. The article twenty-eight of the decree number fifty-four hyphen seventy-seven (54-77) of the Congress of the Republic it is modified and will be read as: Article 28. Formalization. The adoption regulated by this law could be formalized before public notary.
Article 54. The article twenty-nine of the decree number fifty-four hyphen seventy-seven (54-77) of the Congress of the Republic it is modified and will be read as: Article 29: Application. The application of a person who wishes to adopt another one could be presented before a public notary, bringing the documents mentioned in the article *** of this law.
Article 55. The article thirty of the decree number fifty-four hyphen seventy-seven (54-77) of the Congress of the Republic it is modified and will be read as: Article 30. Inventory. If the minor possesses material goods, a legal inventory will be performed and it will constitute as sufficient guarantee for the adoptive before to satisfy what the notary requires.
Article 56. The article thirty-one of the decree number fifty-four hyphen seventy-seven (54-77) of the Congress of the Republic it is modified and will be read as: Article 31. Requisites for the Tutor. If the applicant was the tutor of the child or adolescent, the notary must oversee the documents that present evidence that their accounting was approved and that all the material goods were handled out.
Article 57. The article thirty-two of the decree number fifty-four hyphen seventy-seven (54-77) of the Congress of the Republic it is modified and will be read as: Article 32. National Rectory of Adoptions. Once completed the above mentioned requisites, the notary will send the file to the National Rectory of Adoptions for it to perform the administrative procedure as indicated in the chapter *** of this law.
Article 58. The article thirty-three of the decree number fifty-four hyphen seventy-seven (54-77) of the Congress of the Republic it is modified and will be read as: Article 33. Deed. When the adoption deed is written, it must be present the adoptive applicant and the institution who is providing care of the child or adolescent. The notary will extend the respective document and send it to the corresponding Civil Registry with the objective of registering it in the corresponding file.
Article 59. The second paragraph of the article four of the Civil Code is revoked, decree of law number 106.
Article 60. The Chapter VI, Title II of the Book I of the Civil Code is revoked, decree of law 106.
TITLE
TRANSITIONAL DISPOSITIONS
Article 61. Adoptions in process of legalization at the moment when this law becomes in force, they must be legalized according to the dispositions of the law that was used to initiate the process.
Article 62. Children and adolescents under the care provided by foster families at the moment when this law becomes in force. Within thirty days the National Rectory of Adoptions will evaluate and confirm the situation of children or adolescents under the care provided by foster families.
Article 63. Deadline for the registration of the private entities in the Secretary of Social Wealth of the Presidency. All the private entities that provide care to children must register in the Secretary of Social Wealth of the Presidency within the fifteen days after this law becomes in force.
Article 64. Regulations of the law. Within fifteen days following the entrance in force of this law, the corresponding group of regulations must be emitted.
Article 65. Deadline for the integration of the National Rectory of Adoptions. The entities in charge of assigning a representative for the National Rectory of Adoptions must do so within the thirty days after this law becomes in force with the objective of integrating the National Rectory of Adoptions in the five days following the members’ designation.
TITLE
IN FORCE
Article 66. The present decree will become in force eight days after its publication in the Official Newspaper.
Posted by Kevin at 06:04 PM | Permalink | Comments (14)
Revolution Day
October 20th is the holiday known in Guatemala as Revolution Day. It commemorates the “October Revolution” of 1944 in which a virtually bloodless coup led to the overthow of the Ponce dictatorship and the presidency of Dr. Juan Jose Arevalo Bermejo.
In order to understand and appreciate the significance requires a little history lesson...
The story begins near the end of WWII when Guatemala had been ruled by a harsh dictator named General Ubico for over a decade. In the spring of 1944, a growing coalition of teachers, shopkeepers, skilled workers and students decided enough was enough. This coalition had been exposed to the promise of democracy and was motivated by FDR’s “Four Freedoms” - a declaration that all people were entitled to freedom of speech, freedom of religion, freedom from want, and freedom from fear. Realizing the harsh conditions they had been living in, the Guatemalans saw the inequities in their system and were finally doing something about it.
At the same time, middle-class Guatemalans were seeing some improvements being made to the middle-class in Mexico as a result of that country’s nationalizing of its oil industry. This too started to get Guatemalans thinking that the country was in need of more social programs and freedoms.
All of this caught the Ubico regime and the ruling aristocracy a bit by surprise as they never realized that the people could organize so effectively.
The first overt act of protest was carried out by teachers demanding higher wages when they announced that they would refuse to march, as tradition demanded, in the annual Teacher’s Day parade scheduled for June 30, 1944. Furthermore, they began to stage a series of nonviolent demonstrations. On June 29th, the scattered protests came together into what was the largest protest in the country’s modern history. It encompassed nearly every segment of urban Guatemalan culture. The coalition converged on the capital’s central square demanding that Ubico step down from power. Ubico responded by ordering in his cavalry and some 200 people died. But the response was not what Ubico had hoped for. Instead of ending the unrest, many of the victims became martyrs and the energy of the movement grew.
A few days later, 311 teachers, lawyers, doctors, small businessmen, and other citizens handed Ubico the “Petition of the 311” which expressed the “full solidarity” of the signers with the “legitimate aspirations” of the protestors. This shocked Ubico as many of the signers were not from the lower class and were known personally to him as friends and prominent citizens.
On July 1, Ubico surprised the nation when he resigned and placed one of his military commanders, General Frederico Ponce, into office. Ponce was not much better than Ubico and thought that all the country wanted was a new strongman. He was gravely mistaken as the ferment continued. In the fall of 1944, Guatemala’s most prominent journalist, Alejandro Cordova, who was also a member of the largely powerless National Legislative Assembly, incited the dissident movement with a series of anti-government newspaper articles. He followed these up with a fiery speech before the Assembly and was promptly assassinated within a few days. This new act violence only gave the dissent more fervor.
In order to create the impression of democracy, Ponce called for a free election to present himself for popular ratification. While many people came forth to present themselves as opposition candidates, the teachers were looking for someone revolutionary who had no history in the politics that had for so long fought against popular will. They found this in Dr. Juan Jose Arevalo Bermejo, himself a teacher who had lived in exile in Argentina for 14 years.
On September 2, 1944, Arevalo returned to Guatemala and was met with a huge, cheerful demonstration that was larger than any of the prior ones. However, Arevalo had to quickly go into hiding as Ponce had issued a warrant for his arrest.
Ponce never got to participate in the election though as he was forced to flee the country on October 22 to Mexico following an armed revolt led by two young officers, Major Francisco Arana and Captain Jacobo Arbenz. Ubico, who was waiting in the wings hoping to return to power, was forced to seek sanctuary in the British Legation.
Guatemala’s “October Revolution” was won in lightning speed with only 100 lives lost. Arana and Arbenz were deemed victorious heroes and formed a ruling junta with Jorge Toriello, a prominent businessman. They immediately announced that free elections, the first in the nation’s history under a democratic constitution, would be held soon.
Arevalo won that election as a clean candidate and promptly called for democratic reform with a definite socialist bend. On March 15, 1945 he took office as the first popularly elected President of Guatemala. This was the start of an age of reform that later led to Arbenz becoming President. And it was the Arbenz presidency and his land reform policy which ultimately caused the CIA to stage a coup against him, essentially beginning the horrendous 36 year civil war which led to the massacre of an estimated 200,000 mostly innocent indigenous civilians.
For more information on the Civil War and the 20th century history of Guatemala, please read the book Bitter Fruit, where most of this information on Revolution Day came from.
Posted by Kevin at 12:08 PM | Permalink | Comments (5)
October 17, 2004
UNICEF Calls for a Moratorium
As seems to be a near annual event, UNICEF has once again called for the government of Guatemala to place a moratorium on adoptions. Last year this was via the Procurador de Derechos Humanos when he falsely claimed that PGN had approved 1,500 adoptions in 10 days. This year, it has come via a conference held in Guatemala. The conference was attended by President and Mrs. Berger, members of the PGN, members of Congress, as well as officials from other Latin American countries.
It is uncertain what impact, if any, this conference will have on in-process cases or on the future of adoptions from Guatemala. For the most part, the content seemed to be more of the sensationalized claims that have become commonplace for UNICEF. These claims are all well documented and quite frankly not worth repeating
Despite a change in its formal position regarding intercountry adoption issued earlier this year, it is apparent that UNICEF has not changed anything in practical application. They still lobby for an end to intercountry adoption from Guatemala without offering any help, monetarily or legislatively, to how Guatemala can improve its adoption system in a manner that is consistent with the Guatemalan Constitution, respectful to the human and civil rights of birthmothers, and not detrimental to very children it claims to seek to protect. Once again UNICEF had speakers declare the definition of success as being a severe reduction in intercountry adoptions without any mention of increases in domestic adoptions, family unifications, or improvements to social programs designed to provide the basic necessities children need to survive and flourish.
As more develops regarding any impact this conference may have we shall certainly report it. We shall also report any grassroots campaigns or other organizing going on to expose UNICEF for its hypocritical position on ICA. In the next week or so, we will also be publishing a campaign to inform Trick-or-Treaters for UNICEF on how their position on ICA is truly detrimental to children.
For more information on UNICEF’s position on ICA, please visit Families Without Borders.
Posted by Kevin at 01:28 AM | Permalink | Comments (44)
October 11, 2004
Should You Care about ICARE?
It has been a little while since I have posted about the pending ICARE legislation so I’m putting it back up again.
This legislation creates a new national Office of Intercountry Adoption, headed by an Ambassador At Large who would be appointed by the President and report to the Secretary of State. This office and Ambassador would have extreme control over U.S. policy regarding intercountry adoption.
The bill(s) also grant citizenship rights to children adopted abroad that are equal to those of biological children of U.S. citizens that are born abroad. And no, our kids still couldn’t become President (that requires a change to the Constitution).
ICARE stands to dramatically change the intercountry adoption landscape and EVERYONE with an interest in intercountry adoption owes it to themselves to learn more about it.
With the objective, non-opinionated stuff said, I want to state that personally, this bill scares the living you-know-what out of me. IMHO, ICARE leaves too many questions unanswered that could lead to detrimental policies. It opens the door to politicizing intercountry adoption at a time when partisanship is at an all-time high. Its implementation schedule is not realistic and would most likely wreak havoc on the families and children in-process if it came to fruition.
While the changes in citizenship rules are impressive, they do not require a new piece of legislation (I was told this by a US Representative). So while these are being heralded by some as “an adoptive parents dream”, they are not reason enough to support this bill.
But don’t take my word for it, read up on it for yourselves. Focus on Adoption™ has an excellent page on its site that gives commentary on ICARE as well as links to the actual bills (they don’t take long to read and the House and Senate versions are exactly the same) as well as the members of Congress who have it on their desks. You can find this info at http://www.focusonadoption.com/educate1.shtml.
So learn about the bill, formulate your own opinion, and contact your Senators and Representative to let them know what you think. Whatever your opinion may be, this is an extremely important piece of legislation. The voice of the adoption community needs to be heard and represented.
Posted by Kevin at 03:36 PM | Permalink | Comments (3)
October 06, 2004
Picture of the Week (& Calendar reminder)
This is our handsome PICTUREOF THE WEEK dude, Miguel who is 5.5 months. This is a face you just want to kiss all over!!!
With that being said, I hope that all you parents with a camera remember to get your photos to us by OCTOBER 15th so they will have a chance to be in the calendar. For details, see 2005 Calendar Photo Contest participation!
Posted by Kelly, webmaster and founder at 11:29 PM | Permalink | Comments (1)