The ADA has issued a new statement focusing on the consitutional challenges being brought against aspects of the new law of adoptions. You can read it here: http://www.adaguatemala.org/English/news/
Yesterday, we held our breath to see if all the cases would be registered in time. Surprisingly, it was a quiet day for us. Several reports said that while it was slow, the cases were being registered. I guess we will see the aftermath today. A Prensa Libre this morning reports that the CNA registered 3000 (I'll assume that meant approximately 3000) by 11PM. 20 Volunteers assisted the Council with the registration. Sonia Hernandez de Larios, one of the members, expressed concern over attorneys who registered 50 to 200 cases...saying that she suspected that it was part of the corruption in the past. The article (in Spanish) is located at:
http://www.prensalibre.com/pl/2008/febrero/13/220075.html
I will respond to Sonia's statement and say that since the process has been severely stalled for thousands of children, it is not surprising to me at all. Furthermore, I can easily identify 200+ children RIGHT now in Guatemala who need homes but are not in process (placed by the courts)...and that is without stepping foot in Guatemala. The point is that a number is not a redflag of corruption, it is a redflag of a chid crisis (ie: there are OTHER more obvious red flags such as documentation, agency/attorney contradictions, strange stories, etc. Point being: concentrate on the real red flags and accountability when corruption is found!)
Hopefully, all pending cases were registered. If not, please let us know via our case support form.
Click here for an ADA post on the registration: http://www.adaguatemala.org/English/news/
Here's what I'm hearing rigtht now - nothing. A scan of various forums seems to indicate lots of folks got registered, some waiting to hear, but no reports of cases not getting the chance. I'm cautiously optimistic that a miracle was pulled off and somehow the CNA and attorneys combined got it done.
I know you've heard it a million times but for everyone waiting for registration confirmation, hang in there...
The ADA has issued an update and analysis of the debacle going on in trying to register cases. Long lines, slow-to-no progress, and in short not enough time left at the pace we're going...
You can find the ADA statement here: http://www.adaguatemala.org/English/news/
As all too often is the case, this is obviously a situation where someone needs to interject some pragmatic thought into the process. Since we know this site is read by members of both governments as well as many of the relevant influence groups, here goes my shot at it with my idea for the CNA on how to get all the cases registered.
First of all is that we obviously need to speed up the process for the 2400+ cases that had already been presented. I do entirely understand why there could be a need to assign them a new number.
So why not do this?
Since the CNA has the previously presented forms, they should just have the lawyer re-present it. In excel file write the old registration # in one column, the new one in another column, stamp the attorney’s copy so that it shows both the old and the new proof of registration and let it go.
On the 1000 or so cases that had not been previously presented, not too much difference. Get the forms, supply proof of registration, enter the registration #, date of Registration, and names into a computer and send them on their way. We’re looking at only two minutes of time per case this way.
How to handle improperly filled out forms? Okay folks, you’re going to have to put on your thinking hats and not just give a cursory read here.
From what I understand, though could be wrong, PGN will still require a constancia and those will not be handed out until after the deadline ends. PAPs, I am calling on you for patience that seems impossible. Right now, the number one priority for us cumulatively as a community needs to make sure that all cases are given the chance to be registered and thus grandfathered. In a couple days, start worrying about getting constancias and back into PGN.
So…. Get all the forms in, even if they are incomplete. Then after they are all in, the CNA issues either a constancia or a previo for an incomplete form. This way ultimately the case still gets grandfathered and the CNA gets the information it requires.
Is what I suggest perfect, of course not. Will it cause delays, absolutely. But it would succeed in getting the cases grandfathered in accordance with law with all the information the CNA wants.
I do understand why the CNA feels strongly about needing the pictures, footprints, names, etc. On this I do differ from others in the adoption community. Given the very real instances of corruption that Guatadopt currently finds itself trying to lend a helping hand in solving, I do hope that something is done to ensure that no kids leave the country who shouldn’t. I do see how this info could be beneficial in helping some of the groups working with victimized women. But we also need to make sure this does not ultimately lead to children not reaching permanency.
To those in the press or casual observers reading this, please realize that over the last year or so the inevitable end of the system brought a stream of corrupt opportunists into it. That should NOT represent what had traditionally been the case and you should not believe that adoption advocates like myself have any tolerance or ability to look the other way at corruption or judger our families by it.
Lastly, two call outs. To the CNA: If you can’t get everything registered by Tuesday, extend the deadline!!! To the adoption community: be pragmatic and try to understand that what may not be fair to you as an individual may be necessary for the greater good.
Let’s all be adults and find a way to not fight and just get on with the registrations!
The following announcement was in today's Prensa's Libre:( thanks to the ADA for the translation that can be found here: http://www.adaguatemala.org/English/news/):
The National Council of Adoptions informs:
To the notaries who have submitted their files of petition of adoptions before December 31st. 2007, they must register them at the offices of the National Council of Adoptions, temporarily located at the Secretaria de Bienestar Social de la Presidencia, on 32 street 9-34 zone 11, Colonia Las Charcas until Tuesday February 12th., 2008, inclusive. Will be open during the weekend in an schedule from 9 in the morning to 16 hours.
To the notaries who submitted their files to the members of the former Council, they must present their copy at the offices of the Secretaria de Bienstar social during the before mentioned schedule so they can get assigned a registration number.
Attentively,
National Council of Adoptions, Guatemala, February 8th., 2008.
The DOS has an annoucement to this effect: http://travel.state.gov/family/adoption/intercountry/intercountry_3948.html
In addition, the amparo questioning the four page form was rejected. SO... Form is set. CNA location is set. CNA members are set. Not much time left so get them cases registered!
News for the day (but please don't expect something every day unless you want me to start lying)...
Coming from a pretty darn good source...Two CNA BOD members sworn in today. Things look positive that they will recognize the forms that have been submitted (assume that means the updated longer form). So keep your fingers and toes crossed.
I once again want to call upon on everyone (attorneys, agencies, PAPs, governments) with any say in the matter to ensure that all cases can be and are registered before the deadline. Children's futures are at stake. And to those adoption service providers who are not communicating progress on this to their clients, tell them what is up. You're causing them alot of stress and that's not right.
There is of course some confusion over which cases will need to register and obviously something official from the Guatemalan authorities would be wonderful. Absent that, here is my advice. EVERYONE should register their case unless they already have a birth certificate and the case is about to go to the US Embassy fort 2nd DNA approval and pink. Why take chances if there is any possibility that, for example, a civil registry may request it?
Granted, registration is not moving smoothly. Nonetheless, it seems like an unecessary risk to the child's future to take any chances and not just register all cases.
On a separate note. Here's a story all should read from Joh Stossel of 20/20 fame: http://www.townhall.com/Columnists/JohnStossel/2008/02/06/usa_makes_adoption_harder
The ever developing saga of the Central Authority continues...
The news for the day:
1.) The Good News: The CA is accepting registrations again. Attorneys do receive a stamped document showing the date the case was submitted. The Bad News: To my knowledge, no contrasenas were released.
2.) The courts denied the amparo of Anabella Morfin. This means that the three CA appointees are all official for the time being.
The ADA has posted a great FAQ on the CNA that you can find here: http://www.adaguatemala.org/English/news/
Click on more for some perspective, analysis, rant, or whatever it is you call what we do...
Right now is a time to realize that for everything that isn’t happening, there is also a lot that is. Despite some predictable bumps in the road and some unforeseen political woes, there is a Central Authority created before the deadline and cases can be submitted for registration. Despite the fact that the adoption law was approved by Congress less than 60 days ago, during which time the Christmas Holidays passed and a new president was inaugurated, they got to where your cases SHOULD be safe so long as they have been submitted. The law says they must be registered and it would seem that happens when they are submitted, even if the proof of registration, ie the contrasena, is received later. I think the important thing is that ALL cases get submitted to the CA using the form they developed.
It really sucks that cases can’t get back into PGN and that everyone is being delayed. Any unnecessary days a child spends away from permanency are a shame, don’t get me wrong. But somehow from my vantage point, things so far as in-process cases could be a lot worse all things considered.
Since when have I ever been the “cup half full” kind of guy?
I know that it is really hard to follow all that is going on with all the lawsuits. With an amparo here, an ampao there. Here an amaparo. There an amaparo. Everywhere an amparo amparo. These poor kids just need a home, ee ii ee ii oooh In all seriousness, try to follow this.
The CA is led by appointees from three Guatemalan government entities. One is from the judicial branch (Supreme Court) and two are from the executive branch (SOSEP and Foreign Ministry). There has been a legal battle underway to determine whether President Colom had the right to replace the two Berger-appointed members from parts of the executive branch. Remember, these were people who were sworn in just a weekend before Pres. Colom took office.
Admittedly, I like Colom’s overall philosophy having nothing to do with adoption so maybe I’m a little easy on him. Considering the importance of this issue, the fact that the CA was starting from scratch and the Berger appointees hadn’t even worked a day before Colom took office, makes me wonder how you can blame the guy for wanting to appoint his own people to represent the executive branch?
Today the courts overturned the previously granted amparo of the last Berger appointee, basically clearing the way for the Colom appointees to get running. The two replaced members will appeal, but for the time being there is no legal controversy over who heads the CA. To my knowledge, there are not two Central Authorities and it should be clear who has the authority to sign on behalf of the CA.
This court battle seems to have impacted the release of funds allocated for operating the Central Authority. Hopefully, with the courts ruling in favor of the President, those funds will now be able to be released. And if the CA needs volunteers, I think we’ve got about 3,000 of them willing to help with the administrative work.
It is wrong for children to ever be caught in the middle of politics. But they often are in the real world. I’m in no way taking sides in all of this or trying to say everything is peachy keen. It isn’t. I suppose I am just a little bit sympathetic with the predicament officials in Guatemala found themselves with. And despite all these bumps, the courts got this political mess cleared up pretty quickly, pending appeal. The reason why I downplay the appeal is that the fact that both were refused makes it so that until some time when they possibly win an appeal, the courts have said who the members of the CA BOD are.
I firmly support the idea of extending the deadline due to the delays. I do not know if that could be done by President Colom, the CA, the Guatemalan Congress, or any of the above. But it should be done to ensure what everyone agrees with and is in congruence with the law – that the in-process cases be completed.
I have huge concerns over what this law means for some Guatemalan children in the years to come. That should be the focus of energies. That has nothing to do with the fact that I personally still hold my belief that the grandfather-able cases will be completed. Getting caught in the middle of these messes is horrible. I am a 2003 Hague survivor after all. But when I compare then with now, this doesn’t seem as bad where in-process cases are concerned.
In 2003, we existed with NO legal system to complete an adoption. Today, you know your case needs to be registered and there is an office to do that. In 2003 your attorney was supposed to turn the file over to a black hole called the CA. Today, your attorney is only being asked to submit a form. Of course there is one huge piece still missing today and that is the release of the contrasenas. It understandably may take a while for them to get through them all, nonetheless it would be really nice to see them starting. So please Consejo Nacional de Adopciones, don’t make a liar out of me and start printing those puppies!
We have received a number of requests regarding campaigns to address the current situation. As always, Guatadopt is a grassroots clearinghouse free from the restrictions of most other adoption e-venues and if you build it we will post it (some restrictions apply of course). I respectfully request everyone to seriously think about what it is you are asking for given all I have written above.
The short answer is that we don't know... We know that Ethica maintains there are two unique CA's "operating" with separate offices. We know that JCICS (see: http://www.jcics.org/Guatemala.htm) says that "the" CA stopped accepting registrations today. Needless to say, we're trying to get answers to what is going on.
Assuming JCICS is correct, I wonder whether not taking cases as of today is because:
(a) the law said 30 days to register. JCICS and the US gov have been saying that meant 30 business days. But here we are on Feb 1 and no new cases going in. Were they incorrect about it being BUSINESS days?
(b) The JCICS annoucement, and Ethica's, are tied to the numerous legal battles and amparos - both from members of the CA and attorneys. Please click on more to read my take on the political battles.
UPDATED SAT FEB 2 - click on more and scroll down.
Pres. Colom was inaugurated on Jan 14th. On the Friday evening before that, outgoing Pres. Berger had members of the CA sworn in. According to the Coloms, this broke an agreement the two had that Berger would allow Colom to pick the people since ultimtately the adoption law needs to be enacted under Colom's watch.
The Coloms attempted to remove two of the three "Berger era" appointees. Those two people filed amapros, stating that the Coloms could not fire them since the CA is autonomous and they had been duly appointed and sworn in.
One of those amaparos was accepted by the courts and will be ruled on. For the time being, that person keeps her job. The other amaparo was not accepted by the court. That decision was appealed and I think the courts yesterday once again sided with the Coloms. I think the guy can and will try to go to one more to a higher court.
There is a ton of confusion that should have been anticipated, albeit not exactly what would happen. A huge new law was passed with no time for preparation. It coincidentally occured as Guatemala put in a new President from a vastly different ideology than the previous one. Every day the Guatemalan papers are filled with more stuff the old administration covered up.
My opinion based on some "inside" info is that the new administration has every intention of ensuring the in-proess cases get completed. They have NEVER spewed out crap like the Bergers did. But they also know that the future of the system rides on who heads up the CA. If they have responsibility for what happens, they at least want to have had some say in who gets to set it up. So now these legal battles have to take place and yes, you all are unfortunately caught in the middle of it. It is always a shame when children get caught up in political battles. But it is unavoidable in our sick world.
I have heard RUMOR that Congress and/or the executive branch may find a way to extend the registration deadline because of what all is happening. But for the time being, that is pure speculation. And everything I've written is predicated on the fact that as I wrote in my introduction, I don't know right now exactly what the scoop is, why they stopped accepting cases, or chihc CA did this if there are in fact two of them.
My head is spinning....
UPDATE SAT FEB 2
I've learned where the 30 "business" days comes from and it makes sense to me. The adoption law does not specifically state business days. However, the “Ley del Organismo Judicial” (Law of the Judicial Organism) establishes basic legal procedures for stuff like this. Clause 45 d of this law establishes that in established these dates, "non working" dates are not counted. So that means weekends, holidays, etc would not factor into the calculation of 30 days. Thanks to Marco from ASG for that explanation.
In addition, the ADA has a new post with its take on what is going on. It can be found here: http://www.adaguatemala.org/English/news/
DOS has a new announcement. And it gives some details on dates, registration, who must register, etc. Lots of good info in this one.
To read it: http://travel.state.gov/family/adoption/country/country_3908.html
Or click on more...
From the US DOS website:
Guatemala: Registering In-Process Cases with the National Adoption Council
January 2008
The adoption law passed by Guatemala’s Congress on December 11, 2007, permits notarial adoption cases initiated before its effective date of December 31, 2007, to be completed under the old notarial process, provided those cases are registered with the National Adoption Council (CNA), Guatemala’s Hague Convention Central Authority for adoptions, within 30 business days after the effective date of the law. Unless a case has already received a favorable opinion from the Guatemalan Solicitor General’s office (PGN), it still needs to be registered with the CNA to be eligible for processing under the old law. The Embassy, therefore, recommends that prospective adoptive parents confirm with their Guatemalan legal representatives that this registration "Aviso" has been filed with the CNA for their adoption case.
Following receipt of the “Aviso” by the CNA, they will issue a confirmation of registration (“Constancia”). Cases are considered registered and pending only if a “Constancia” has been issued. Filing the “Aviso” with the CNA before February 12, 2008, should be sufficient to register the case, even if there is a delay in issuing the “Constancia.”
Prospective adoptive parents should be aware that the Government of Guatemala is engaged in establishing the CNA and that the definition of “registered case” is still subject to change. Prospective adoptive parents should remain in direct contact with their adoption service providers to ensure that any requirements set forth by the Government of Guatemala are being met.
The USCIS (Citizenship and Immigration Services) has issued a new press release. Really it says nothing new other than to make it perfectly clear that Guatemala's grandfathering of cases is not their problem.
Here it is: Download file
We have the new CA forms. Your attorney should be handling registration, but we'll put this up on the site just in case someone needs it. Supposedly, Wednesday the CA will start confirming registrations.
Folks, I realize that its very hard to be patient....but I do not think that there is a way that this can be "sped" up. This organization was literally thrown together with no time and little budget. Hang in there, folks.
Below is a copy of the latest CA registration form. There are only a few changes from the last version we posted. The CA is saying they will begin to release registrations Wednesday. Don't hold your breath, but keep your fingers crossed.
CA Registration Form: Download file
13 days after Colom took office, the CA is still in a state of flux. Its hard to even filter out any solid position or state of affairs at this point. But before I go on, I will simply say that trying to figure out what this means is like predicting who will win the Daytona 24 Hours at hour 3!
Update Mon 1/28 - the ADA has a new update on registration. To read it, click here.
First issue is still who has the right to be on the Council. The Supreme Court confirmed Anabella Morfin (appointed during Berger's regime). Then there is Marvin Rabanales who was appointment was overturned (and the courts agreed). The Executive Branch has withheld funds for the time being, so very little is being done to get the CA functioning. Registration has meant filling out a piece of paper...and that for now, is the saving grace. The CA will not be processing these cases but PGN seems to be "waiting" for things to settle out before proceeding. The CA says they will corroborate these cases with PGN, but Gordillo (AG) is saying that there is no need because that is the job of the attorneys!!! In summary, no agreement on procedures or what the role of CA is to current cases (what does registration mean?)
PAPs shouldn't panic. While this is certainly causing delays....the problems are no surprise for a CA that was forced to get up in running with no plan and a new administration. As of yet, we have no reason to think that there will be problems determining the state of registration. The only RED FLAG that we are seeing is the number of questions regarding post 12/30/07 referrals THINKING that they can be grandfathered if they register their cases before the deadline. If you have been told that....it is WRONG!!! There is STILL NO PROCESS in place for adoptions going forward. I can only speculate that ANY AGENCY and ANY ATTORNEY who is taking application fees or country fees is conducting a SCAM.
The Big Picture:
"You can't run a country if there is no justice" Colom stated at his swearing in. That holds true for adoptions. You can change the laws, appoint a Central Authority...but until those who hurt children are brought to justice, you are not serving the best interest of the child. With thousands of murders in Guatemala going unsolved, it is no wonder that the new administration is struggling to get a foothold. Fighting for justice for the population is an uphill battle. Somehow justice needs to be funded and where that money is coming from is anyone's guess!
Latin Business Chronicle: Colom & Guatemala: New Optimism
The Central Authority has released the form to register in-process cases.
You can download the form here: Download file
You've probably already read it, but not the word on the street is that tomorrow is the day that the registration process will be announced. The word is that a form will be distributed tomorrow (Fri) which need to be filled out.
That's all we know for now.
Buenas noches y paz!
Within days of the first appointments (Berger's administration) to the new Central Authority, Colom has replaced several of these appointees from Bienestar and Relaciones Exteriores. Many of our contacts are not sure of political leanings of the new appointments. However, we are being told that the reasoning was to create a more neutral council where the members did not appear to have an agenda and to ensure that the rights of the child and biological family were considered first.
OUT:
Anabella Morfín
Marvin Rabanales
Byron Alvarado
IN:
Concha Marilys Barrientos, and Aura Azucena Bolaños (alternate)
Elizabeth Hernandez
Norma Robles
{Statements below are loose translations and not direct quotes}
The old CA members are NOT happy. Anabella Morfín claims that there is a "violation of the autonomy of the Council with these new appointments". "The law does not provide for replacement and removal proceedings, as well as the body had already been formed," explained Marvin Rabanales, one of the trustees who was replaced.
Click on more to read on. In addition, Kevin has added a commentary relating to this in his writer's corner. Click here to go it.
The controversy is concerning as this is bound to delay getting the Council for adoption procedures in place. However, we are always encouraged to hear that a concern for neutrality and of focusing on the needs of the biological family and the children first.
My litlte commentary: I had to snicker a bit about the comment of there being a violation of autonomy. Well, gee....we've thrown out a lot of "mandatory" processes (PGN), consitutionality (the law itself) and such without an objection. So, "you can't touch this" arguments really don't hold much water.
Let me stress to new readers, Guatadopt.com DOES believe that we need some changes and some strict accountability here in the US and certainly, for whatever system is in place. But we need to remember that the needs of the child should come FIRST. So, I am encouraged that the administration verbally recognizes this and has acted on this belief, as well.
The article in Prensa Libre: http://www.prensalibre.com/pl/GN3/2008/enero/17/214849.html
JCICS and DOS have both issued new statements. Basically they affirm what we have been posting. I do applaud them for the strong statements urging PAPs not to accept referrals or give agencies deposits right now. Shame on any agency trying to claim that they will be doing future adoptions in Guatemala. At this point, no one knows if that will be possible.
You can click on more to read them or here are the links:
JCICS
DOS
JCICS Statement:
January 14, 2008
As part of our ongoing Guatemala 5000 Initiative, Joint Council has maintained dialogue with the U.S. Department of State (USDOS) and U.S. Citizenship & Immigration Services (USCIS) and met with them most recently on January 7 and again on January 10, 2008. Meetings were also held with UNICEF on December 18, 2007 and on January 9, 2008. Similar dialogue was held with Guatemalan Congressional representatives and government officials along with members of the U.S. Congress over the past three weeks.
Based on these meetings and in consultation with the Guatemala Caucus Co-chairs, the following represents Joint Council’s understandings and advocacy efforts:
Processing of Transition Cases
On January 1, 2008, PGN stopped the processing of all pending adoption cases including the acceptance of new cases, acceptance of cases with previos and the review of cases previously submitted. PGN has however continued to release those cases in which reviews/approvals had been completed as of December 31, 2007. The processing of pending adoptions will begin with the registration of those cases with the Central Authority no later than 30 business days after January 1, 2008 (approximately February 11, 2008).
Both USDOS and USCIS continue to process adoption cases, including the issuance of visas, released by PGN.
Formation of the Central Authority
As required by the new adoption law (Decree 77-2007), the Guatemalan Supreme Court, Bienestar and Ministry of Foreign Affairs have appointed Rudy Soto Ovalle, Marvin Rabanels and Anabela Morfin respectively as their representatives to the Central Authority. The installation of these representatives occurred on Friday, January 11, 208. It should be noted that while the law calls for the appointment of the representatives within 14 business days (approximately January 18), Joint Council is encouraged that the appointments have occurred sooner than required.
It is expected that within days, these newly appointed representatives will meet as the Central Authority and establish (1) procedures by which pending cases can be registered and (2) definitions of ‘cases in process’
Registering of Cases
All cases which are in process, as defined by the Central Authority, must be registered within 30 business days of January 1, 2008 (approximately February 11, 2008). Through considerable discussion with all stakeholders, the representatives to the Central Authority have acknowledged the importance of establishing definitions and procedures by which the pending cases can be registered. Given the early formation of the Central Authority and expected release of the definition and registry procedure Joint Council and others remain confident that the registry of pending adoption cases will be completed within the requirements of the law (by approximately February 11, 2008).
New Referrals
Joint Council issued a recommendation that no new referrals be issued after October 1, 2007. To date Joint Council has not amended that recommendation and continues to urge all adoption service providers and potential adoptive parents to refrain from issuing or accepting referrals.
Some adoption service providers continued to issue referrals as recently as the week of December 24. Given the law’s requirements, the lack of a clear definition of ‘cases in process’ and other uncertainties, the ability of the these cases to be registered and ultimately completed under the Notorial process is in serious question.
Applying for a Guatemalan adoption
Recently some have suggested that the passage of the new adoption law will allow potential adoptive parents to apply with the Guatemalan government for an adoption under the new system. While the new law does allow such applications, no procedures currently exist that would allow such an application. In short, applying with the Guatemalan government for an adoption is currently not possible.
Applying with a U.S. Adoption Service Provider
Given the following circumstances, Joint Council urges all adoption service providers and potential adoptive families to refrain from submitting/accepting applications for a Guatemalan adoption at this time.
* No established regulations, procedures or process currently exists for the submission of an application with the Guatemalan government.
* Currently Guatemala has limited capacity for the provision of social services such as intercountry adoption.
* A time-line for the implementation of intercountry adoption related social services has been announced.
* The new law requires adoption services providers to be accredited under The Hague in the United States and also seek and obtain accreditation from the Guatemalan government prior to participating in adoption services in Guatemala.
o The Hague Convention and subsequent accreditation of U.S. based adoption service providers will not be in force in the U.S. until April 1, 2008.
o The process of accrediting adoption service providers by the Guatemalan government has not been announced.
Advocacy
As part of the Guatemala 5000 Initiative, Joint Council continues to advocate for the following definitions and regulations related to the finalization of all transition adoption cases. While Joint Council’s advocacy on this issue is widely known by the U.S. and Guatemalan governments, a letter to the newly appointed members of the Guatemalan Central Authority detailing our specific recommendations (see below) will be received on Wednesday, January 16, 2008.
In addition to our ongoing engagement with the USDOS, USCIS and UNICEF, Joint Council has also requested a February meeting with the government of President Alvaro Colom.
Joint Council Recommendations
1. A case would be eligible for the grandfather status provided that by December 31, 2007 the case had:
1. a Power of Attorney (POA),
2. the POA was registered with the Supreme Court,
3. the Acta de Requerimiento had been issued
2. The case would be officially grandfathered upon its registration with the Central Authority during a 30 day period beginning December 31, 2007. The 30 day period represents 30 business days.
1. Cases already “in” PGN (cases where an Aviso has been issued) would be considered to be automatically registered with the Central Authority thereby negating the need for a separate and additional act of registration.
3. Recognizing that PGN is registered with The Hague as a competent authority, all eligible cases would be registered with the Central Authority via the PGN.
DOS Statement:
January 9, 2008
The Department of State advises potential adoptive parents and adoption service providers not to initiate new adoptions from Guatemala because of the great uncertainties surrounding implementation of Guatemala’s new adoption law.
We do not know when the Government of Guatemala will be prepared to process cases under the new system set forth in the new Guatemalan adoption law that went into force on December 31, 2007. The Government of Guatemala is now working to put into place the infrastructure necessary to implement the provisions and obligations of the new law. We understand that a Central Authority may be in place very soon and is expected to quickly ratify and publicize the registration procedure required for adoptions initiated prior to the law’s effective date. But the full process must be in place and functioning before an adoption can be completed under the new law. There is no process in place at this time.
In addition, the new Guatemalan law appears to prohibit new adoption cases with non-Hague countries. Article 39 states that "in international adoptions, the persons who wish to adopt a child must initiate the process through the Central Authority of their country of residence, which will forward the request and appropriate certifications to the Guatemalan Central Authority." Since the U.S. Central Authority will not begin processing Hague adoptions until April 1, the new Guatemalan law does not appear to contemplate U.S. adoptions until after April 1.
Finally, we cannot guarantee that adoptions will continue between the United States and Guatemala after April 1, 2008, when the Convention goes into force for the United States. The Convention prohibits all members from processing adoptions from member countries that do not have Hague compliant adoption processes. As a consequence, the United States and other Hague Convention countries will have to determine whether the new process in Guatemala meets Convention requirements. If a fully Hague compliant process is not in place in Guatemala by April 1, 2008, the United States government will not be able to process new cases with Guatemala. While we will assist the Guatemalan government as much as possible to ensure that the new processes are sufficient, we cannot at this time predict whether or when we will be able to process adoptions from Guatemala after the Convention goes into force in the United States.
With regard to currently pending adoptions (those initiated in Guatemala before 12/31/2007), the U.S. Embassy in Guatemala remains committed to processing adoptions according to previous rules. The Embassy is working closely with the government of Guatemala to help complete those cases as soon as possible.
The BOD of the new National Council on Adoptions (aka the Central Authority) were sworn in last night. We are hearing that next week, the registration process will be annnouced and possibly begin. In the newspaper story below, they are acknowledging the need to get this done for in process cases.
http://www.elperiodico.com.gt/es/20080112/pais/47432/
Here is a translation of the story.
Members of the National Council for Adoptions Sworn In
This body should recognize 2 thousand records.
By: Oscar F. Herrera
Last night was sworn in the National Council for Adoptions (CNA), the central authority for adoptions in the country, which seek to provide transparency and streamline the way administrative records and then move it to a judge to issue the final decision and the statement of adoptability of minors. "It's very important to give credibility to the process and comply with the noble purpose of adoption, as well as help prevent the lucrativeness with it," relates the representative of the Foreign Ministry, Anabella Morfín.
In addition to the staff member, the Council is composed of a representative of the Supreme Court, Nery Soto Ovalle, as owner, and Hilda Morales Trujillo as an alternate. The Social Welfare Department of the Presidency will be represented by Mynor Rabanales and Byron Alvarado, owner and alternate. Morfín indicated that lawyers will have no involvement in the processes of adoption, which is dictated by the law of the trade, with the exception that an adult is taken or that, in any case, the lawyer is the person of the adoptive family .
Already 2 thousand cases that await in the desks of the Council, to say that De Soto Ovalle, still does not have its own headquarters and at the moment will run in the 8th. Avenue and 13 Street in Zone 1, in the former facilities of Casa Alianza.
"We ought to be working because we have 30 days to expedite the files ahead and we ran 15 days. Other files are 800 to complete the Procurator-General's Office with the previous mode, "said the official.
The high commissioner of the Organization of the United Nations in Guatemala, Anders Kompass, welcomed the formation of the ANC therefore ensures that is a step they expected for several years.
Today, PGN published information about the new Central Authority.
It is located at
32nd street
9-34 zone 11
Colonia Las Charcas, Guatemala City.
This is one of SOSEP's branches. We do not yet have details on the registration process, but we will post when we do.
It appears that there are families that are JUST NOW signing POAs for new adoption cases *OR* they signed their POA within the last few weeks of 2007. Cases that were not REGISTERED in Guatemala by Dec. 31st DO NOT fall under the old adoption process. Without getting caught up in legal technicalities, I would question whether attorneys (not to mention the agencies) have the authority to make a referral at this point (as the child could be referred to another family under the new system). The idea raises a number of red flags....and certainly, I believe that a number of these cases are scams.
To be fair, there are legitimate circumstances where this may occur and I do not want to rule them out. However, we would appreciate it if those who have VERY recently signed a POA, voluntarily fill out a ProblemCase form
All information is confidential but will flag us to agencies/agencies who are still giving referrals as well as legitimate situations.
Some Clarifications:
The POAs must be registered prior to Dec. 31st in order to be CONSIDERED "in process". Those cases must then be registered with the new Central Authority before Jan 30th to be officially grandfathered.
If you have a late referral, you might want to check that it was REALLY registered (don't just take your agency's word for it). Do this BEFORE you pay half or all the attorney fees. In addition, if something strange disrupts the case...you might make the extra effort to check and make sure you actually HAD a case (getting a third party to check whether it was really registered).
Guatadopt has been told that a meeting between PGN, the Guatemalan Supreme Court, Bienestar, Foreign Affairs, Unicef, and the US Embassy is taking place today in hopes of officially clarifying what "in process" will be defined as. If we learn about anything, we'll post it.
The ADA has a new update on their website on the same topic: http://www.adaguatemala.org/English/news/.
Here is the DOS statement about the law passing: http://travel.state.gov/family/adoption/intercountry/intercountry_3903.html
Please read on for some other statements from US Consul General John Lowell...
The ADA's post has some great commentary. But it does appear as though there has been some confusion about the US DOS's position on in-process following prior JCICS statements that may have been misconstrued.
Guatadopt has personally been assured by the DOS that their position is and always has been to have in-process defined as early in the process as possible. This does not seem to be something that anyone is fighting. So my message to you is that anyone not yet in PGN should not be freaking out. Exactly what that will mean we shall see. But I am guessing that having a registered POA may end up being the cut off.
Here is what John Lowell told me about the DOS position:
Our argument has always been that the Guatemalan government should define the earliest possible point in the adoption procedure as the starting point for an 'in-process' case, and I have made that argument regualrly and with anybody I can think of who might be involved in that decision. PGN tells me there is a legal basis for that early point and that is exactly what we are recommending. We were, at one point, worried that the decision might be made only to protect cases that had already entered PGN, but I am relieved that there now seems to be legal precedent for a much earlier point.
On Tuesday,, when the law was passed I e-mailed John Lowell about its passage with the subject lie of "Congrats". Here is what I wrote: "Well, looks like the law was passed. Congrats are half sarcasm, half sincerity. This law scares me for children, though I know why it happened. And please, if there is any way we can help to help Guatemala make this thing workable and clean, let me know. I hate what the world of adoptions has come to. No matter where one lies on the issue the sad truth is that it is a shame children are caught in these types of things."
It took me a few days to get an okay to post his reply but I now have that. While I have to say that it is not my natural tendency to trust anyone in government, I think our readers will appreictae this and I do take Lowell on his word that this is where his head is, though I ma not optimistic a workable system can be achieved under this law. So here was his reply:
No, the approval of the law is something that was a long time coming (by at least one count, 18 years), and is indeed a critical step forward. That certainly doesn't mean that the problems are now all resolved, rather that the focus changes significantly. We'll be working now to secure the simplest possible registration process for "in-process" adoption cases, with the earliest possible starting point, and then to support the development of a new adoption process that works efficiently and in the interests of the children who need permanent families.
On a last note, I have to say that I do believe a system for registering cases will be worked out. I believe that all interested parties are aware of the challenges and that the fact that you do have so many groups talking to one another will make it happen (plus they know the media, Guatadopt, and PAPs will be all over it if they don't). This is not me defending this new law, which I will not do. This is not me defending any of the parties mentioned above. This is me merely saying once again that the goal of DOS,, UNICEF, Bienestar, etc has been to stop new cases from starting and to allow those started to be completed. Outside of humanitarian concerns, there is a ton money and legal precendent, possibly even under CAFTA, to consider here and it is in nobody's personal self interest to stop in-process cases.
Today Guatemala passed a new adoption law, Decreto 77-2007. So far as I know, only one amendment of interest was added to what we have already posted about this law. It DOES allow singles, of both genders, to adopt. You can read that in the first story below.
A pro-adoption editorial that appeared in Prensa Libre today (needs translation)
I (The "I" in ths is Kevin) have to be honest that there is a side of me that is relieved. For the past four years or so I have been slowly watching this train wreck happening. The more that time went on, the more it seemed inevitable. It’s been painful to watch the ups and downs and know what the families involved are experiencing. There once was a time when we were really able to help people get their kids home, but that has become more and more difficult as the train came closer to this point.
Anger and sadness accompany this relief. Anger and sadness that it came to this. Anger and sadness at what I imagine will be another good or bad law depending on your perspective. Because ultimately no one has proven that you can have a functioning adoption system absent of corruption. And I promise to do all I can to prove myself wrong in the case of Guatemala. Anger and sadness that families are still not at peace. Anger and sadness that at this moment there are children caught in the middle of political battles, children with loving families yearning to bring them home.
Okay, for those who just want the info… The law goes into effect Dec. 31, 2007. As was predicted, this law does not specify what defines in process or how to register with the Central Authority. The organizations that make it up apparently have two weeks to appoint their members to lead it and 60 days to get it up and running. Yes, that paints a scary picture when cases must be registered by Jan 30, 2008. All I can say is that you will have to once again wait and see. The process of registering a case should be easy technically. But someone has to make it happen. Though I don’t see how this says that they can’t start figuring this out before the people are appointed. Obviously, we all hope that sanity prevails. That’s all I can tell you about other then that singles are apparently allowed to adopt under the new law.
Those of you in-process, please do expect some bumps in the road. I am very confident that you will get your kids home. But there is likely to be confusion and hassles. So please just be prepared for it.
A message that you will inevitably be bombarded with from me as long as you read this site is the fact that we must not turn our backs on the children of Guatemala. While I too have anger, it is not the fault of the children. We must continue to do all we can to help them. I’ll give you an example. In our Do Good feeding program, there are hogars being aided whose philosophies and ideologies I do not agree with. But they feed children in need. It would be wrong to not support those kids even if I don’t agree with the hogar.
This law does not to my knowledge offer a funding stream to provide care for children. It does not provide pre or post natal care. I could go on and on. That will leave a vacuum to no fault of the victims. Hopefully all the people who pushed Guatemala into this law will step up to the plate and offer their aid. But we can too.
It is a rough day and after being stuck at an airport in a snowstorm all day, I’m not really able to digest this all. Is this an end to Guatemalan adoption? The institution is far more to me than how my wife and I grew our family. It has become a strong piece of who I am. It’s hard to imagine that becoming a thing of the past. What will I talk about at cocktail parties? (joke)
There will likely be constitutional challenges to this law. We’ll of course update as we learn more.
One last thought… Or plea… To all of those in power in both the US and Guatemala, please realize the battle is over and clear up the cases that have been caught in the middle of the political mess. If the adoptions were illegal, then end them and prosecute the guilty parties. If there is no evidence that they are illegal, don’t victimize the children. They need to go home!
PEACE!
Tomorrow, Tuesday Dec. 11, 2007, may be a historic one in the history of adoptions from Guatemala. In a scheduled special session of Congress, the plan is to pass the latest and greatest version of the Ortega Law. If this happens, only the future shall tell whether the day will prove to be one that protects children or merely, as Robert Heinlein would put it, "the day they hung the lawyers." Many questions remain and so I'll attempt to answer them.
My Ortega Vote FAQs
Will the law be approved?
Congress is technically done for the year. Of particular importance is the fact that many members of this congress are ending their tenure as legislators. Come January, they will not be in congress. A requisite number of attending votes, or a quorum, is necessary for a law to be approved. So the question remains if enough members of Congress will attend a special session to reach the quorum requirement. Then of course they must vote in favor of the law.
What about amendments?
The Guatemalan legislative process calls for three readings of a bill. If approved three times, it then goes on for a process of amendments. It is not known at this time what amendments to the bill will be offered or by whom. The Guatemalan press has reported the possibility that the amendment phase may be the controversial one. Among the possibilities for amendments is an implementation date after Jan. 1, 2008.
The bill as it stands has had two readings.
Grandfathering?
The bill contains a grandfathering clause which requires all adoptions started prior to its implementation to be registered with the Central Authority within 30 days. It does not give any other specifics defining “in process” or anything else.
The Central Authority would be a new governmental office. Some fear that there is no way that this office will be functioning in 30 days, thus how will cases be registered. Although from a pure data perspective, it would not be a huge challenge to manage registration.
What about the US?
Guatadopt has received assurances that the US will continue to process adoptions in accordance with whatever Guatemalan law is, at least until the US implements the Hague in April.
When will we know?
Guatadopt will do its best to inform you of whatever we find out as fast as humanly possible. Do not expect answers to question that for example specify how a case will be registered for some time. Those questions will not be answered by Congress.
We received notice that the UK has suspended new adoptions from Guatemala. Information on that can be found here: http://www.dfes.gov.uk/intercountryadoption/#061207. I suspect that it is to wait out the New Adoption Law which will be voted on Dec. 11th in a special session (assuming that there are enough congressmen to vote).
JCICS has also posted another anouncement: http://jcics.org/Guatemala.htm calling for clarification on the process.
In other news....CALENDARS ARE SHIPPING EITHER TODAY OR MONDAY on schedule. The printer is packaging them today. UPS is pretty good about fast delivery (even ground) so once they are out the door, you should have them in 3 to 4 days.
The ADA has posted an analysis and some commentary on it's website about the "updated" Ortega Law. It can be found here: http://www.adaguatemala.org/English/news/. Or I have posted it below and you can read it by clicking "more".
From the ADA:
BILL 3735 - THE ORTEGA LAW REVAMPED
In view of the many amendments done to Bill 3217, the anti adoption forces came up with the idea of passing another bill, to include the suggestions of The Hague Permanent Bureau and the US DOS, reinforced by the threats of the US Embassy to cancel the US visas of those congressmen who did not vote for it.
The result is a much more restrictive law, with the same problems that Bill 3217 has, and it also has the same constitutional violations that make it vulnerable to challenges, that most certainly, ADA and other pro adoption organizations will file. The Guatemalan Constitution protects the rights of the parents to decide who can adopt their child, which is denied by Bill 3735. It also protects the notarial process, which has been eliminated, for no other reason than because it works well and allows children to be adopted.
Until now, in Guatemala only the adoption lawyers and the hogar directors care for the needy children, giving them a home to be cared for while they wait until their adoption are finalized and their adoptive families come to take them to their permanent homes. For the Guatemalan government, those children don't even exist. They deny their existence by claiming that they are being bred to satisfy the demand of children by Americans who want a child because they cannot have their own. The evil rumor that children are adopted to be used for organ transplant is also in Bill 3735, where it sates that there is a prohibition for the adoptive parents to use the organs of the children for illegal purposes.
The government refuses to take responsibility for the lack of social services for the children who are not wanted or whose families cannot support them. Nobody and nothing stopped ever Bienestar Social to open orphanages to care for those children and to do adoptions free of cost, more efficiently and faster than the lawyers. But in order to do so, they would have had to spend money and put in a lot of work, and they were not willing to do so. Why bother, if the lawyers were already doing it? Regarding the orphanages, it is a little known fact that the State of Guatemala does not support orphanages and does not intend to do so. If adoptions become no longer possible, the children will not languish in state orphanages. They will either be left abandoned in public places, where they will most likely die or will be rescued by whoever finds them, to be used as they want, or will be aborted or killed by their own relatives. That is what we are trying to avoid. Because we know that the government is totally reluctant to support the children and that neither UNICEF, nor Casa Alianza, and the other so-called human rights activists, are willing to undertake the burden of housing, feeding and educating them, much less to work in finding loving permanent families for the children.
Bill 3735 does have a grandfather clause, but the catch is that it states that the adoptions already started must be recorded with the Central Authority within 30 days after the law takes effect, which according to Bill 2735 sill be on December 31st. 2007. The Central Authority would take some months to be duly organized. A private entity would do it in a month, but the wheels of the public administration turn very slowly, so it is expected that it would take them a lot more to find a building and get the furniture, equipment and staff to start working properly. By the time the Central Authority opens its doors, the thirty days given to record the in process adoptions, will be a distant memory. It is necessary that the law takes effect, as stated in the more reasonable Bill 3635, in two parts: one date for the organization of the Central Authority and another date for the actual effect of the law.
Bill 3735 states that the domestic adoptions are free of charge, but the Central Authority would charge for international adoptions. After all the criticism that the lawyers have received for doing the same, it seems that it is not so bad to charge the foreigners after all. The proceeds will finance the Central Authority, which is right, but also will provide funds to support the courts of the childhood and adolescence and the family courts, which is not right because they are supported by the Judiciary, which has its own means of support. There is no allocation of funds to support the children while they are being adopted. The Central Authority would oversee that the private orphanages comply with every disposition they choose to mandate, without giving them any financial assistance or allowing them to charge for the care of the children. The logic consequence of such dispositions is that the private orphanages will close their doors and the children will be deprived of the good care that they receive there. The foster homes and foster mothers are not even mentioned in such proposal, thus eliminating one of the best features of the Guatemalan adoptions.
Guatemala has the opportunity to pass a law that at the same time that complies with The Hague Convention, establishes a system that allows the children to be adopted safely, protecting their rights as well as those of the birth parents an their adoptive parents.. It is a pity that the pressure being used to stop adoptions, is making the Guatemalan Congress to waste that opportunity, by giving in to the threats of US visas being cancelled. We expect everything from UNICEF and Casa Alianza. All along -hey have proved over and over that there is nothing beneath them. But we certainly expected a fair treatment from the United States. After all, we have been their allies all the time and if they can allow adoptions from Russia and China, who have been their enemies for a long time, it is not too much to ask that they allow our children to have a better lives in their country. Bill 3735 does not allow adoptions, and its grandfather clause would not work, unless the Central Authority is in place and ready to efficiently register the adoptions in process, by the time the thirty days that the law establishes, start running. As it is stated in the proposal, there would not be a way to register the process within the month after the law becomes effective.
All the countries who are bound by The Hague Convention should admit that it has not improved the conditions of the lives of the needy children of their countries. It is undeniable that the results of the Hague Convention are more negative than positive, and therefore, that the convention should be eliminated, because no matter what abuses it may eliminate, it is not worth it if the cost of doing so is to deprive the children who need families, of a way to get them. The right to be raised by a family should be above any international treaty, especially one like the Hague Convention, whose implementation has affected negatively the lives of many children in those sending countries whose children have to live and die without the love of a family.
In order to pass Bill 3735, Congress needs 105 votes, because that is the amount of votes needed to approve the creation of the Central Authority, which is an autonomous entity. In normal circumstances it is difficult to get that amount of votes. Now that the normal term of session is over and that 90 of the Congressmen were not reelected, it is more unlikely that they will attend the extraordinary sessions scheduled for the first two weeks of December.
If the law is not approved, we still have to deal with the Hague Convention. According to the Hague Convention itself, the way to become bound by such treaty is through ratification or accession. Since Guatemala never signed the Hague Convention it cannot be ratified, only acceded. The Constitutional Court already ruled that the President of Gautmala does not have the power to accede any treaty, but that small detail did not stop the Congress from approving again the same convention. The problem is how to actually become bound by the Hague Convention on Intercountry adoptions. Those who want it to be effective on December 31st, have stated that the former accession, the same that was ruled unconstitutional by the Constitutional Court in 2003, can be resuscitated and therefore, there is no need to send an instrument of accession and to wait three months as the convention states.
The US DOS in its website supports this travesty by saying: The Guatemalan Government has said it will assume its obligations as a Hague Convention member on December 31, 2007, a decision we support, because Guatemala's children -- indeed all parties to an international adoption -- deserve the protections afforded by the Convention as soon as possible.
The statement of the US DOS does not make sense at all, because the Hague Convention does not apply when one of the countries is not a Hague Country, as it is the case of the United States. Therefore, why is the rush in making Guatemala to become bound by the Hague when it is not yet prepared to implement it and that it will not be applied to the ninety eight percent of the Guatemalan adoptions? The warnings against starting new adoptions at the same time that a second DNA is required, do not make sense either. Adoption laws in Guatemala remain the same and if Congress stops being pressured into passing a bad law, a proper grandfather clause will be included in any adoption law that is approved. Any case started before the adoption law changes, will be grandfathered, it is irrelevant if the case started fourteen months before or the day before. To discourage people from adopting children of Guatemala, does not benefit the children and does not help the parents who want to adopt. To add a second DNA is to insure that the child adopted is the same child that was relinquished. The allegations that the Guatemalan system is unregulated are proven wrong by the description of the process posted by the Joint Council for International Children's Services at
http://www.jcics.org/CIS%20Guat_Adop_Chart.pdf and by the US DOS, at http://travel.state.gov/family/adoption/country/country_389.html Contrary to what has been said by the yellow press, the process of adoption is regulated, has state supervision and the US embassy plays an important role in making sure that the adoptions to the US are above board. But it is cheap to talk and organizations like Casa Alianza, who has no accomplishments to speak of, promotes its image by maligning a process that proves beyond any doubt that the children who are adopted were actually relinquished by their mothers and that the requirements established by the Guatemalan law and by the US embassy, were met.
The Hague Convention does not come into effect for Guatemala on December 31st. 2007, because it is just the date when the approval by Congress becomes effective. The date when the instrument of accession is received by the Secretary of The Hague Conference will set the starting point when the three months that the convention states, begin to run. To reinforce the wrong belief that the Hague Convention becomes effective at the end of the year, President Berger appointed as Central Authority the Secretaria de Bienestar Social de la Presidencia. It is interesting to point out, that he has no legislative powers to do so, which makes such appointment null and void.
In order to limit the number of children being adopted by American families, the US embassy reduced the number of initial documents being submitted by each lawyer, to only one a day, from Monday to Thursday. In order to submit a case, the lawyer or his/her employee, has to stand in line since five in the afternoon of the day before, spend the night on the sidewalk of the embassy and be there the next morning, when only forty numbers are given. Out of the forty cases presented, very few are admitted. The others are rejected for whatever reason the person at the window can come up with. The pictures of mother and child are a fertile ground for rejections. The background is not white enough, the ears are not showing, the picture was not taken at a studio, but with a digital camera, the child does not have the eyes open enough, etc. The list is endless. It seems to be a superior order to reject as many applications as possible, which is totally against the best interest of the children who need permanent and loving families.
We trust that the Bill 3735 will not pass and that reason will prevail, allowing Guatemala to pass a law that will implement the Hague Convention not to stop adoptions as it has been done everywhere, but to improve the current system and to allow that more children find a family who loves them. A whole new system, that places adoptions in the hands of the bureaucrats without any regard for the care of the children, in terms of financing their stay in foster homes and in private orphanages is a recipe for disaster.
Prensa Libre is reporting a delay in the "Adoption Act". You can read the article in Spanish HERE
The Law has more than 60 ammendments and Congress has determined that it is too important that all these ammendments are read and discussed. Ruben Dario Morales, president of the Congress, said that its possible that a new initiative might be the answer. The article did not discuss all the ammendments but did mention that they included:
1 - Establishing the National Council for Adoptions, as the body responsible or these processes. It could be composed of the Attorney General's Office, the Social Welfare Department and the Supreme Court.
2 - Include an article to protect the transitional adoption cases that are pending when the law come into force. (Grandfathering).
Status from our perspective:
As Kevin mentioned in the comments, "Grandfathering" is not a promise that cases are processed exactly as they have in the past. But knowing what *could have been*, this is still hopeful for those currently in process. If they opted not to do this, then all referrals would be removed and processed through the new system from scratch (ie: losing referrals and disruption of the child's current living conditions). That is not to say that birthmother interviews will be conducted compassionately or without harrassment. But under the circumstances, PGN has already stalled cases and have thrown many cases into investigation on a whim.
AGENCIES: If you consider yourself a good, ethical agency, you need to take more time to:
1 - Explain the status to your clients/give weekly updates even if there is no movement on their case
2 - Stop promising unrealistic dates or even hinting at them.
3 - Request proof of every step from your attorneys and PROVIDE it to your clients.
4 - GET MEDICALS, NEW UPDATES AND PHOTOS
5 - Fly down to Guatemala if the stories you are getting seem a little strange.
6 - VERIFY ALL INFORMATION to the best of your ability
PARENTS:
If you think that your case qualifies as a problem case:
1 - Keep all correspondence. If you need to use the phone, consider recording the conversation and notify them that you are recording it.
2 - Create a spreadsheet with your date on one side and the "update" on the other. Organizing the information this way tends to help you uncover problems.
3 - Demand monthly - 6 week updates with photos. There is no excuse for your agency or attorney refusing to provide them if your case is still viable.
4 - If you get any documentation that looks odd like blacked out numbers, different name than your child, different birth dates, etc.....then, its possible that you have a bad case and need help.
5 - Don't be afraid of your agency. They can threaten you, but you have the power to prove illegal activities (when the occur) and put them out of business.
6 - BE PATIENT. If everything jives and its just delays....don't make it a habit to blow up at your agency. Use your friends and the forums to blow off steam.
PROBLEM CASES:
The number of parents contacting Guatadopt about problem cases has increased exponentially and some of the expectations are beyond what we can do. Some of these cases just involve wondering if a timeline is normal or asking about a particular process. So, let me just remind parents that while we are here to help advise or even just an ear to hear you....we are not attorneys and we are not privy to your cases. We cannot reverse rulings or NOIDS and we cannot make your case go faster. We can only give our opinions or suggest some additional actions that you can take. This week, I will be working on a new form to help us manage all the requests. Hopefully it will be up by Friday. If you have not received an answer from a recent email, we apologize.....please take the time to email us again.
Most importantly, I hope everyone has a nice Thanksgiving and a day of peace.
Guatadopt has heard report s that President Bush today signed the Instrument of Deposit for the Hague Convention and the document will be deposited at The Hague on 12/12/07. The Convention will then go into effect for the United States on 4/1/08. However, I can't find it on the press relase for National Adoption Day or the White House website.
Coincidentally, in a conversation today with a member of the State Department, I was told that April 1 was the expected date. So I imagine the reports are true.
This means nothing for in-process cases.
A 6.8 magnitude earthquake hit the pacific coast Guatemala today. We do not have any infop on the amount of damage, only that the epicenter was not near any major metropolitan areas like Guatemala City or Antigua. As we learn more, we will post it.
Also, the DOS issued yet another ominous warning today. It is posted below or you can click here.
Lastly, the United Nations called for Guatemala to suspend adoptions. Don't freak out, it doesn't mean anything. The DOS statement may be a reaction this. Mainly, we're posting it for everyone to get an idea of the political landscape right now. You can read a story on this here.
Guatemala Status of Intercountry Adoptions and the Hague Convention
June 13, 2007
The U.S. Department of State continues to caution American prospective adoptive parents contemplating adopting children from Guatemala that the U.S. Government cannot recommend adoption from Guatemala at this time because of the ongoing problems in Guatemala’s intercountry adoption process. Although U.S. consular officers currently continue to process adoption immigrant visa cases, each case is now subject to greater scrutiny than in the past and the process may be slower as a result.
The U.S. Citizenship and Immigration Services’ (USCIS) office in Guatemala is taking up to 60 days to review initial documents and up to four business days to review final adoption documents. Please see their notice to the public. The consular section of the U.S. Embassy in Guatemala will generally issue appointment letters the day after USCIS completes its review of the final adoption documents.
The U.S. Government’s ongoing concern with the adoption process in Guatemala results from the lack of government oversight necessary to protect children and families. The USCIS field office in Guatemala has denied orphan petitions due to unlawful practices in Guatemala. These include cases where an imposter purports to be the biological mother of the child and where the biological parent(s) have been deceived and there has been no true relinquishment of parental rights. Several adoption service providers are under investigation in the United States. The Department of State is aware that criminal charges have been brought against adoption facilitator Mary Bonn and the adoption agencies, Reaching Arms International and Waiting Angels.
Activity of this nature violates U.S. law and is also counter to the principles of the Hague Convention on Intercountry Adoption which the United States intends to join this year. The Department of State applauds the May 22, 2007 act of the Congress of Guatemala in passing legislation approving the Hague Adoption Convention. The bill clarifies the legal status of the Convention within Guatemala, which had been questioned previously in Guatemalan courts.
This confirmation of Guatemala's commitment to the Convention and to protect children in the adoption process is an important step. However, Guatemala has much to do before its adoption process is fully consistent with the Convention. On March 1, 2007, the Vice President of Guatemala announced a “Manual of Good Practices” based on existing law and regulation concerning child welfare and adoption. The U.S. Government encourages the Government of Guatemala to continue such efforts to improve adoption processing and specifically put in place measures needed to implement the Hague Convention.
Upon the request of the Guatemalan Government, the Permanent Bureau of the Hague Conference on Private International Law (Hague Permanent Bureau) and several Hague Adoption Convention countries, including the United States, are engaged in a cooperative effort to provide Guatemala with technical assistance on the Convention. The Hague Permanent Bureau has invited the United States to participate in this effort and the U.S. Government has accepted. The U.S. Government supports this multilateral process and its goal of working with the Government of Guatemala and its Congress to meet its obligations under the Hague Convention.
When the Convention enters into force for the United States in early 2008, the U.S. Government will not be able to approve adoptions from Guatemala if Guatemala’s adoption process does not provide the protections for children and families required by the Convention.
For a description of some of the steps that Guatemala must take in order to meet its obligations under the Convention, please see “U.S. Law, the Hague Adoption Convention, and Guatemala,” dated May 16, 2007.
The Department of State also encourages interested persons to read in detail the Frequently Asked Questions (FAQ).
The Department will update our website travel.state.gov as new information becomes available. Our e-mail address is: AskCI@State.gov.
In a special session of Congress today, the Hague Convention was passed. New articles of accension must be deposited with the Hague and it will take effect three months after that. The treaty is scheduled to go into effect Dec. 31, 2007.
What this means is that Guatemala MUST pass Hague compliant legislation. In reality, this means little more than reaffirming the US's position that Guatemala is in the Hague and setting a domestic deadline for Guatemala to pass and implement new legislation.
This is no reason for concern for in-process families.
The Guatemalan Congress did NOT pass the Hague on the third reading yesterday nor did any new adoption law get passed. What does this mean? Not much to those of you in process. In reality, Guatemala is already considered part of the Hague by the international community. Re-affirming it was more ceremonial and of domestic interest. The future still hangs in limbo because if Guatemala does not pass Hague compliant legislation the US will stop issuing visas once we ratify the Hague. BUT, a reminder that the US has clearly stated that as long as you have an I600A in before the US ratifies, you will be allowed to adopt from Guatemala. Of couse, the US DOS FAQ should be taken seriously and no one is claiming it will be an easy, smooth process.
Here's a story from the NY Times.
The DOs has issued a statement of sorts on this. you can read it here: Download file
The roller coaster ride continues...
The following article appeared in yesterday's (5/9/07) Prensa Libre:
http://www.prensalibre.com/pl/2007/mayo/09/170339.html
Below is a brief translation. Marie, Guatadopt
Requirements in Adoptions
The Hague Convention over adoptions passed yesterday in its first
reading in the Congress. The treaty will put Guatemala to date with the
requirements to allow children to be adopted, and put a stop to the
illegal selling of babies.
For the Convenio to become a law, two other readings need to be done,
these are scheduled for later today and on Tuesday, before the
termination of the regular sessions period.
"With the ratification of this convenio we are going to leave behind
being first place in the world where adoptions of children are illegal",
explained Zury Rios, president of the Commission of Exterior Relations.
This announcement appeared in today's papers:http://www.sigloxxi.com/index.php?link=noticias¬iciaid=11004.
Below is my translation of the said article. It is explaining the mechanism now in place to avoid forged documents, corruption and child trafficking. We cannot at this time answer your questions. Please be patient as we get more verified info from our sources in GT and discuss what is next.
Thank you for understanding. The Guatdopt Team
NEW REGULATIONS of ADOPTIONS
Manual of Good Practices Normalizes Process of Notaries in Adoptions
As of yesterday, notaries agreed to carry out the process of adoptions with completing the 42 requisites that the new manual which regulates the procedure of this type includes.
To the effect that PGN elaborated a formula, called, "Adoption Registrar", in which detailed information considered necessary information to initiate an adoption.
A new telephone number (#1546) has been established and issued to the notaries/lawyers who can find out the status of the adoption petetion.
WELL IDENTIFIED:
For the first time, it is required 3 photos of the said to be adopted child. "It is a security mechanism." Before PGN was the only one handling the documentation. Now we will have images of the child who is being relinquished.", said Mario Gordillo, Titular from PGN.
ONLY EXCEPTION:
Though now at this time the Law of Adoption has not been yet approved, the only valid procedure to date is contained inthe Manual of Good Practices.
***"As of now, ALL cases in-progress before May 2, 2007 will proceed in the process."
DESTINED TO THE US:
Statistics-
Total number of adoption cases for 2006-2007=5,024
Total number of that went to the US 2006-07 =4,757
Also, ADA has posted an update on what happened yesterday and what actions the ADA is focusing on:
http://www.adaguatemala.org/English/news/
{posted on behalf of Marie, Guatdopt.com}
From the White House Release...
"We also talked about adoption. I don't know if my fellow citizens understand this, but there are a lot of U.S. families who adopt babies from Guatemala, thousands of babies. This year it is very important for the United States and Guatemala to implement the Hague Convention on adoptions to help protect children and families during the adoption process. We found common ground on that issue. And I appreciate your strong stand, Mr. President, and I assured the President we would follow through, ourselves. "
ADA has posted about their meeting yesterday on: http://www.adaguatemala.org
Also, there is an article about aid proposed to Latin America (just days before President Bush travels). CLICK HERE to read it.
This coming Thursday, President Bush will be traveling to Guatemala. The Media has speculated that international adoptions will be on the agenda. We are sharing our open letter with our readers. You are welcome to add a comment as long as it is adoption related, not partisan and respectful!
Dear President Bush,
Guatadopt.com is a popular website providing information, news and support for families adopting from Guatemala. The site is run by volunteer-adoptive parents, with no financial stake in Guatemalan adoptions. Instead we are merely people who work hard to give a little back to an institution we hold very dear to our hearts.
Undoubtedly, the issue of adoptions will be discussed between yourself and Guatemala’s President Berger. While we are sure that you are receiving input from adoption advocacy groups and adoption service provider organizations, we believe that Guatadopt has a perspective worthy of consideration. We have a very strong connection to Guatemala through our children and therefore, we are deeply concerned for the future of the children affected.
There are undoubtedly problems with Guatemala’s current adoption system that can theoretically be resolved through Hague compliant legislation. However, hasty implementation of the Hague has not historically proven to be in the best interests of children. One need only to look at the result of Hague implementation in countries like Romania, El Salvador, Honduras, Costa Rica to see that the Hague has traditionally led to the end of intercountry adoptions, not a more transparent system. Children in these countries were left with very few options and little hope of a permanent family. If Guatemala, a country with extreme poverty second only to Haiti in the Americas, follows this same course the impact on children will be horrendous.
Guatemala is a sovereign nation and retains the full right to determine its own course of legislative agenda, we would never wish to question that. However, we understand the importance of open dialogue between our two countries.
We respectfully request that members of your administration contact Guatadopt as a resource in understanding the cultural, political, social, and humanitarian aspects of Guatemalan adoption. Members of the DOS and CIS in Guatemala are familiar with us and should be able to verify our history of advocating ethical practices in adoption.
We encourage you to focus adoption discussions on the enforcement of ethical practices and accountability from all parties (US and Guatemalan alike). We hope that proposed legislation will continue to enable the placement of children in a loving home first and foremost. In addition, we hope that discussions will address the need for social programs for the poor of Guatemala.
We also request that you work with the Guatemalan authorities to ensure that the families who have entered into good faith agreements under a legal system be permitted to complete their adoptions regardless of what the future holds for Guatemalan adoptions. The fact is that there are thousands of families and children currently in the midst of the adoption process. It would be nothing short of wrong to deny those children, who have already been relinquished by their biological families, the opportunity to reach permanency in a loving family. If their adoptions are disrupted, these children will most certainly be destined to a life in under-funded, unsafe institutions. No good can come from that.
We have posted this letter to you on our site and have allowed other families to add comments for your consideration. Those can be found at http://www.guatadopt.com
We thank you in advance for your consideration,
The Guatadopt Team
The ADA has added a new statement to their website. You can read it by clicking here.
The Constitutional Court of Guatemala made a decision yesterday that apparently overturned its 2003 decision that deemed the Hague accession unconstitutional. The decision seems to say that the President have the authority to sign onto such treaties.
I do not believe there is reason for panic on this because I do not see what impact it would have. Whether or not Guatemala considers itself part of the Hague, we have known for some time that the US does and that without Hague compliant legislation, the US will stop issuing visas in the future. My opinion is that what this ruling means (and I do not know if it can or will be challenged) is that the legislature of Guatemala does need to pass new legislation internally. The million dollar question remains: can they pass Hague compliant legislation that keeps a functioning system and does not remove the chance for children to have permanency in a loving, family environment via intercountry adoption.
{Posted on behalf of Susana Luarca, ADA}
ADA had a meeting yesterday to discuss the legal actions that we can take if the Protocol of Good Practices comes into effect. We all agreed that we will not remain powerless, while the PGN suspends adoptions and Bienestar Social (Social Welfare) decides who can adopt and who can be adopted. Different legal actions were discussed and an strategy was developed. We are more determined than ever, to shield the children from the evil agenda of UNICEF, who is using the Guatemalan officers to achieve its ends.
This morning, a little before the presentation of the Protocol was going to start, a sign was posted at the door of the National Palace of Culture, informing that the ceremony had been postponed. Later, we learned that even today, they were planning to go ahead with the presentation. The caterers and the florists were there. Nice folders to hold the written material were made for the occasion. Everything, including the folders, were being given away, which could mean that they will not need them again, because they have given up their plans to illegally legislate about adoptions.
Us, at ADA are fully convinced that the adoptive parents and the adoption agencies are entitled to know whatever happens in Guatemala that could affect adoptions. For doing so, we have been falsely accused of making up rumors, in order to extort money from the families. We do not charge for our work of keeping adoptions open. We do it because we are convinced that it is the best for those children, and nobody else will stop them. If there is a family who has been asked to pitch in to help our work, we apologize for that and unauthorize those requests. More than money, what we need is your trust and your confidence that we will not let down , nor the children, nor the families.
Have a wonderful weekend!
Susana Luarca, ADA.
{see updates below - Protocolo Annoucement Postponed}
February 8th, an article appeared in the Prensa Libre about the Protocol of Good Practices. It claimed that the Protocol will be presented this Friday, Feb. 16.
Unlike the other times it has come up, this time it is Guatemalan VP Eduardo Stein formally announcing it. Oddly enough, on Saturday or Sunday the paper made it so that the story no longer comes up when one does a basics search on the term "adopciones" on the Presan Libre site.. We held off mention because we were not sure what that meant. However, the original link is still good and our sources have verified that it is still planned.
Here is the link: Trabajan en código para adopciones
Parents in process should NOT panic. While the situation is serious, DOS, JCICS and others are well aware of the situation. All parties are focused on making sure that current cases will not be affected.
We also wish to point out that this was printed and published before authorities in Guatemala were aware of the Mary Bonn case, so it would be a mistake to tie the two together.
{Added....2/13 ADA has published a statement regarding above...}
Statement Of ASSOCIATION DEFENDERS OF ADOPTION -ADA - regarding the intentions of President Oscar Berge to “legislate” a “Code of Good Practices”.
On January 29th, 2007, the Guatemalan newspapers Prensa Libre and Siglo Veintiuno published the interview made to the Vice President Eduardo Stein, regarding the intentions of the Executive to enact a Code of Good Practices, to toughen up the adoption process, “to avoid the commercialization of children”. While the government does not care for the welfare of the children whose parents cannot support them, it feels entitled to violate the Constitution and abuse its powers, making up rules that will only hinder an uphill road that is the only way out for those children. With the support of the Attorney General, who has claimed that “adoptions are a thorn on his side”, that “his life would be so much easier if adoptions were forbidden”, and that “he plans to keep delaying the cases for an average of at least three months” they are getting ready to implement the UNICEF proposal, same that for the last fifteen years has made its way into Congress but has failed to become a law, due to the several violations to the Constitution that it has.
The changes would be radical. The Secretary of Social Welfare, a very useless institution that is unable to run orphanages or to keep children in foster care, will be the one who would authorize the private orphanages and the children would be admitted only if a judge orders it. That would prevent private foster care and would make it very difficult for the private homes for children to take children in, unless they are sided with that Secretary. The list of obstacles is long and difficult. The result would be abandonment and abuse for those children, because nobody would finish an adoption in those terms.
Several times during the past year, Berger has tried to pass this “code” or “protocol”. He has also promised the Department of State of the United States, that he would not do anything to hinder adoptions. He even has denied the very existence of the “protocol of good practices” and his attempts to reinstate the Hague Convention, in order to make adoptions impossible.
Every time the government is questioned about its delay in performing their official duties, they argue that they “lack the staff, or the means, or the equipment to do it”. It is easy to understand that the system they plan to impose, even if it were well meant, is doomed to fail, for those very same reasons. The measure has an explanation: time is running short and the 176 million quetzals that UNICEF offered Berger in exchange of changing the adoption laws are a powerful incentive to set aside the Constitution, usurping the legislative powers of Congress and committing several felonies in the process. This is a moment when all of us who care for the children should set aside our different points of view and see only what is best for the children. Let us unite and prevent this tragedy from taking place.
ADA published in the edition of February 13, 2007, of the newspaper Prensa Libre, the following warning to President Oscar Berger:
THE ASSOCIATION DEFENDERS OF ADOPTION
To the Constitutional President of the Republic of Guatemala
LICENCIADO OSCAR BERGER PERDOMO ,
MANIFESTS:
1.That according to declaration to the media by the Vice President of the Republic, Mr. Eduardo Stein, the Executive Power is elaborating a Code of Good Practices to impose more strict controls to the processes of adoption, leaving aside the fact that those processes are duly legislated by the Civil Code and by the Decree 54-77 of the Congress of the Republic.
2.That the Executive Power elaborates a Code of Good Practices with the intention to restrict rights established by the law in effect in Guatemala, violates gravely the principle of the division of powers stated in the Political Constitution of the Republic of Guatemala and make the President to incur in several felonies, like usurping functions and abuse of authority, among others.
3.That your government has not complied with the protection that the State owes to adoption and to the orphans and abandoned children, as it is ordered by the Political Constitution of Guatemala in its articles 51 and 54, and that if it were not by the private institutions and persons who have taken care of its keeping and care, many of those children would have died of curable diseases or would have been mistreated and abused.
4.That any act or order that you authorize, that restricts or limits the children’s right to be adopted, will openly violate the Political Constitution of Guatemala, which also constitutes a felony.
5.In consequence, both you and the Vice President will be held personally responsible of the felonies committed if you try to enforce “laws” or orders dictated by the Executive Power, usurping the legislative functions of the Congress of the Republic, in clear violation of express constitutional provisions and mocking the promises made to the officers of the Department of State of the United States of America that your government would not hinder the adoption processes of Guatemalan children by citizens of that country.
6.That you have to bear in mind at all times that the officers are depositories of authority, legally responsible for its official conduct , subject to the law and never above it, according to article 154 of the Political Constitution of the Republic. Guatemala, February 13, 2007.
UPDATE by Kevin Feb 14, 2007 3:44 p.m. EST: We have confirmed that the Protocolo has been "Postponed" and will not presented Friday. DOS is apparently planning to issue a statement later today.
UPDATE by Kevin Feb. 14, 2007 4:56 p.m. EST The DOS statement just went onto the website. It contradicts information that came directly from members of DOS OCS. We are trying to find what in the world is going on! to read the statement, click here.
UPDATE 2/16: February 16, 2007- Joint Council, per their website, has reported that "the Presentation of the Protocol on Good Adoption Practices originally scheduled for today, Friday, February 16, 2007 has been postponed. The postponement has been confirmed with both the Guatemalan and U.S. governments. At this point, Joint Council has no information on when or if the Presentation will be rescheduled."
--------------------------------------
{NOTE: This is more of a commentary than a news-brief}
One problem with being in our (Guatadopt 's) shoes is that we are constantly asked to speculate on what will happen to Guatemala adoptions. Will current cases be affected? Will adoptions halt? Will Guatemala implement something that will satisfy the US?
While we occassionally get "clues" to what will happen, they are fragile instruments for major decisions. I can tell you when the ground starts shaking, but I can't tell you whether it will lead to an 8.0 earthquake. So, with that in mind, lets review the "shaking".
1) The US has stated that they intend to ratify the Hague sometime in 2007. I believe that they are going to officially ratify once they feel that the agency certifications are in place and the processes are stablized. 3 months after ratification is when they plan to enforce it. (You can read more on JCICS website, here is a PDF release from December which discusses it). DOS has told JCICS and FOA that they would support a transition if Guatemala passed a Hague compliant law or implemented Hague compliant processes.
2) The US will NOT apply Hague compliant rules to orphan petitions (I600As) that were filed prior to US ratification.
3) Guatemala - Currently, there is a lot of support in Congress to pass an adoption law that will be adoption-friendly but meet the Hague requirements. Yesterday, Kevin noticed that Prensa Libre reported that the new guidelines would be voted on soon. We are looking into any factual information to see "what" is being proposed or if that was a generic statement. But there is a lot of pressure from UNICEF and anti-mass-adoption folks (meaning those who are more interested in cutting down the number of children leaving Guatemala as oppsed to finding child-friendly solutions).
As a sidenote, if you do not understand the UNICEF comments, please refer to Families WIthout Borders who spent numerous hours putting together factual information on the subject of adoption and UNICEF. Their site recently changed (to .com) and the entire URL is http://www.familieswithoutborders.com/
{Posted on behalf of Susana Luarca, ADA}
Guatemala continues to be one of the most popular countries of origin of adopted children for American families, who adopted this year of 2006, four thousand one hundred and thirty five children. Only China placed more children (about eight thousand) with families of the United States.
The authorities of Guatemala -ill advised by UNICEF - see with growing concern the increasing number of children finding homes in the United States. During this year, the Guatemalan Congress was strongly urged by President Oscar Berger, to pass the proposal of adoptions law, known as “the Ortega Law”, which contains every possible constitutional violation one could think of. Aware of the flaws of such proposal, Congress resisted the executive pressure and told the authorities here and in the United States, that next year a new law will be passed that will follow the guidelines of the Hague Conventions, to allow adoptions to the United States to continue without any problems. That new law will also open the doors to other countries that are waiting the compliance of Guatemala to the Hague Convention, in order to allow their citizens to adopt children from our country. Among them are Canada, Australia, France and Spain..
The Guatemalan authorities are very concerned by the deportation from the United States, of thousands of illegal Guatemalans. The Minister of Foreign Relations and the Guatemalan ambassador in Washington met with the Secretary of State, Condoleeza Rice, to plead her to allow the Guatemalan illegal immigrants to remain in the US. Although the conversation went very well, the results did not change. Every week, more Guatemalans are sent back to our country, in some cases leaving behind their American children and for all of them, a good part of their lives. We fail to understand the position of the Guatemalan President, who begs to the US authorities to let the illegal immigrants to remain in the US, where they are breaking the laws of Labor and Immigration, and at the same time, trying to stop the adoption of Guatemalan children, who travel to the US with strict compliance to the laws of Guatemala and of the United States, with the support and the love of a permanent family, and who travel to the US for the same reason that the immigrants go there: to get a better life.
The US Department of State has stated: “The United States maintains ongoing high-level discussions with the government of Guatemala about the importance of ensuring a smooth transition to a Hague-consistent adoption process. We believe that any sudden halt to adoption processing would be problematic and hurt both the children and adoptive parents because children would be caught in the process with no system through which they could be placed internationally with a permanent family. However, prospective adoptive parents should be aware that changes in the adoption process could be instituted by Guatemala with little or no advance notice and the possibility exists that adoptions could be disrupted.”
We can assure you that the Guatemalan Congress is fully aware of the need of a smooth transition and has stated so. The same goes for the Guatemalan Attorney General, - who directs the PGN - who was quoted in a local newspaper as saying: “Adoptions will remain the same until the United States ratifies the Hague Convention”.
We have before us an enormous challenge: to make the Hague Convention actually work to defend the rights of the children to a family and to protect the rights of the birth parents and the adoptive parents, without losing the real goal, which is to give a family to the child that does not have one, instead of making it so hard that the need to protect the children’s rights becomes more important than the right of the children to a family. We are sure that we can do it. Guatemala is a poor country, where half of the children are malnourished and where the State refuses to take responsibility for the fate of the unwanted children. However, there is something that sets us apart from the rest of Third World countries: that in Guatemala we are aware that unless social conditions change, the only way out for many children is adoption, and that us, Association Defenders of Adoption (ADA) are not going to let that door to be closed. There is no plan B for the children of Guatemala.
International adoption is a complex process and as in any human endeavor, many things can happen. Although we seriously doubt that it could happen, if - as the DOS fears - “changes in the adoption process are instituted by Guatemalan authorities with little or no advance notice and adoptions are disrupted”, we are poised to file the necessary legal resources to restore the legal order, because our Constitution includes provisions that protect adoptions and the notarial process, so anything that restricts or limits them, would be unconstitutional. We have done it before successfully and will do it again, if it becomes necessary.
We are fully convinced that every child is entitled to be raised by a loving family and see as our duty to make that possible. If you are thinking of adopting from Guatemala, do not hesitate to do it. There is a child waiting for you in the Land of Eternal Spring.
Have a wonderful New Year!
Susana Luarca, Attorney at Law,
Association Defenders of Adoption
Guatemala City, December 2006
The US DOS has issued a new notice for adoptive parents. You can find it here or read on.
I have also written some commentary on teh current situation that has been posted in Kevin's Corner. You can direct link to it here.
Guatemala, the Convention and the United States
More than 70 countries have already joined the Convention, including major countries of origin for adoptive children like China and India, because they firmly believe that the principles of the Hague Convention offer the best hope for the ethical and transparent adoption process and that every child deserves a permanent family. Many other countries have indicated their intention to join the Convention, as well.
Guatemala acceded to the Convention in 2003 and is recognized as a party to the Convention under international law. However, Guatemala has not yet created the infrastructure and systems necessary to implement the Convention and its current adoption procedures do not provide the protections for children, birth parents, and adoptive parents required under the Convention.
The United States is nearing completion of its preparations to ratify the Convention and our goal is to do so in 2007. Three months after the United States deposits its instrument of ratification with the Hague Permanent Bureau, the Convention enters into force for the United States. At that point, if Guatemala has not taken the necessary steps to comply with the Convention, the United States will not be able to approve adoptions from that country. It is important to note that U.S. law provides for a transition period and that orphan petitions (I-600A) filed with the Department of Homeland Security before the Convention enters into force for the United States will not be subject to the new regulations implementing the Convention.
The Way Forward
We continue to be hopeful that Guatemala can become compliant with the Hague Convention before the United States ratifies the Convention. U.S. and Guatemalan officials are engaged in a dialogue at the highest levels on the need for the Guatemalan government to move forward immediately to become compliant with the Hague Convention and to establish an intercountry adoption system that will be in the best interests of the Guatemalan children.
We are pleased that the government of Guatemala has stated that adoption reform legislation will be a priority. In order to avoid a situation where the United States can no longer process adoptions from Guatemala, a Hague-compliant process must be in place when the Convention enters into force for the United States.
The United States maintains ongoing high-level discussions with the government of Guatemala about the importance of ensuring a smooth transition to a Hague-consistent adoption process. We believe that any sudden halt to adoption processing would be problematic and hurt both the children and adoptive parents because children would be caught in the process with no system through which they could be placed internationally with a permanent family. However, prospective adoptive parents should be aware that changes in the adoption process could be instituted by Guatemala with little or no advance notice and the possibility exists that adoptions could be disrupted.
Prospective Adoptive Parents Must Stay Aware and Informed
The U.S. Embassy in Guatemala has occasionally received reports of Guatemalan police in and around some of the major hotels in Guatemala City attempting to extort money from adopting parents by threatening to take the birth mother or foster mother and the prospective or adopted child into custody. There is no basis under local Guatemalan law for such actions and we encourage all U.S. citizens who encounter similar experiences to report them immediately to their local lawyer and the American Citizens Services section at the U.S. Embassy in Guatemala City at 502-2326-4405.
In addition, prospective adoptive parents may hear unsubstantiated rumors during this time when the situation is in flux. Some of these rumors may be generated by individuals or organizations opposed to the very important reforms that Guatemala needs to undertake, and designed to confuse prospective adoptive families. We encourage parents to contact the Department of State or the U.S. Embassy in Guatemala and to consult our website for the latest information. Prospective adoptive parents should not rely on word of mouth, which is often incorrect. This holds true particularly if someone is encouraging or insisting that you pay additional fees or threatening you in any way.
This information will be updated as the situation changes. Please check this page for updates. Additional information on U.S. implementation of the Hague Adoption Convention, and on intercountry adoption from Guatemala, can be found on the Consular Affairs’ website at: www.travel.state.gov or by calling 202-647-9090 or 1-888-407-4747 (8 a.m. to 8 p.m. EST). Further information on the Hague Adoption Convention is available from the Hague Permanent Bureau’s website at www.hcch.net.
Did you love or hate your agency? Ever felt like you have no voice or recourse against unethical agencies? Well here is your chance... The Council on Hague Acrreditation is taking public comments on the agencies who applied for Hague Accreditation. They claim that comments from former clients will be seriously considered. The dealine is Jan 31, 2007.
NOTE from Guatadopt: fell free to comment on your agency here but you must follow the link below in order to have those comments be relevant to Hague accreditation. Guatadopt.com is only informing you of this public comment period, we are not invovled in Hague accreditation.
PUBLIC COMMENT NOTICE
PURPOSE: This notice announces a public comment period through January 31, 2007 on intercountry adoption service providers seeking Hague Accreditation. A list of adoption service providers that haveapplied for Hague Accreditation and Approval through the Council on
Accreditation (COA) can be found below. COA is located at 120 Wall Street, 11th Floor, New York, NY 10005.
Instructions: Please click here to provide comments. If you provide an email address, then you will receive an email confirming that your comment was received. Note: Members of the public who wish to provide comments anonymously will not be contacted by COA. For further information on this notice, contact J. Fulmer, Director of Quality Services Management, at 866.262.8088, x 241.
Adoption Service Providers that applied for Hague Accreditation or Approval (Note: Locations of adoption service providers listed below denote their central headquarters or main location.)
4Kids of South Florida (Adoption 4KIDS) , Fort Lauderdale , FL
A Act of Love , Sandy , UT
A Better World - The Adoption Connection , West Hartford , CT
A Family Journey Adoption Agency , Minneapolis , MN
A Helping Hand Adoption Agency , Lexington , KY
A Loving Choice International , Greenville , SC
A New Arrival , Twin Bridges , MT
A Red Thread Adoption Services , Norwood , MA
AAA Friends In Adoption , Middletown Springs , VT
AAA Full Circle Adoptions & Family Building Center , Northampton , MA
ABC Adoption Services , Roanoke , VA
About A Child , West Des Moines , IA
ACCEPT: An Adoption and Counseling Center , Los Altos , CA
Across The World Adoptions , Pleasant Hill , CA
Adopolis , Washington , DC
Adopt A Child , Pittsburgh , PA
Adopt Abroad , Harrisburg , PA
Adopt International , Miami Beach , FL
Adopt International , San Francisco , CA
Adopt Kids , Kirkwood , MO
Adoption Advocates , Largo , FL
Adoption Advocates International , Port Angeles , WA
Adoption Alliance , Denver , CO
Adoption and Home Study Specialists , Louisville , KY
Adoption Ark , Buffal