Adoption Blessings Worldwide has shut its doors. Their attorney apparently claims all cases will be completed with a new, yet-to-be-named agency. We no nothing more than what is this story:http://www.firstcoastnews.com/news/news-article.aspx?storyid=114031
The CNA has a new update that just went on their site. Judging from the date on it, it appears as though it takes a few days from the time it is issued until the time it makes itself onto the website.
In addition, the Prensa Libre had a story today indicating that in the event a birthmother does not appear for an interview (ie she "can't" be found) that the case would need to proceed under teh new laws. As always, the paper's are not 100% accurate.
Click on more for translations of both.
CNA Update:
National Council for Adoptions
For adoptive families from different countries which are in process of adopting children or adolescents who are Guatemalans, started before 31 December 2007.
Let it be know and recommends:
I. That the adoption records in transition, are in the process of verification and processing takes place successfully before the Attorney General's Office have been revised to date approximately 900 cases, of whom around 525 have already left with favourable opinion.
II. That they should contact their lawyers and instruct them to come to the Attorney General's Office, introducing the children and their biological mothers, to be able to conduct a verification in the shortest possible time, in the best interests of children. The purpose of this requirement is to verify the origin of children, to avoid the adoptive families problems later. YOU DO NOT NEED TO WAIT FOR A SUBPOENA OR APPOINTMENT, you can request one and gladly ARE accommodated. Call these telephones: 24148787 extensions, 4005-4008 and 4009.
III. The verification process is free.
IV. The National Council for Adoptions is making best efforts to complete this verification, in order that children can be reunited with their adoptive parents in the shortest possible time.
V. Finally, an appeal is made to all biological mothers or fathers who have voluntarily given their children up for adoption in the years 2005 to 2007, as well as those who have been subjected to coercion or deception and anyone who knows of them, to present themselves at the Attorney General's Office.
GUATEMALA, JUNE 16, 2008
Prensa Libre Story
Time consumed given to review thousands of adoptions
The National Council for Adoptions (CNA), processed so far only 900 of a total of two thousand 286 cases of matter that they have inherited and two weeks to complete that mission.
The Council's spokesman, Rudy Zepeda said that many of notaries "have never been presented with cases being handled, while others say they can not find the biological mothers of children or they live far away."
According to Zepeda, the ANC could expand at least one month over the review period and cite them to appear to those responsible for adoptions of these children.
Jorge Meng, spokesman for the Attorney General's Office (PGN), said the cases in which at the end of the review has not been presented or the mother's lawyer, will be transferred to the Investigations Unit.
"If there is a notary who said that did not find the mother, it should be evaluated to determine what happened," said Meng.
Of the 900 cases reviewed, 525 have a favourable opinion to continue with the adoption-mostly by American couples-and the remaining have been detected some errors that can remedied because "they lack a stamp or consent but this does not mean that it will be refused, "said Zepeda.
The files in which notaries are not submitted, will be sent before a judge to declare the children in a state of abandonement and are subject to a new process of adoption, this time under the new adoption law that Congress passed in December to end a system riddled with irregularities, corruption and even theft of children.
Previously, the entire pipeline was directed by public notaries.
By implementing the new law, there were about three thousand children whose adoptions were already being processed and were allowed to be completed under the above rules, but a provision of the authorities in May halted those proceedings and ordered the CNA to review all the files that were outstanding
DOS has a new statement and I think you will like it. The title of this post says it all, but read the DOS statement as well....
http://www.travel.state.gov/family/adoption/country/country_4258.html
The DOS has released a new FAQ and Fact sheet for Guatemalan adoptions. The FAQ does address abandonment cases and the Fact Sheet addresses Casa Quivira cases.
The CNA has issued an update which details progress to date. You can read the Spanish here:
http://cna.gob.gt/Noticias.html
Or Click on more for a translation. I am not sure what exactly the last parapgraph means about hogares and foster homes. I am HOPING it is saying that they are working on a system to approve foster families under the new law.
First newsletter
The National Adoption Council of Guatemala reported:
I. New premises: the National Adoption Council, as from Monday 09 July, 2008 ADDRESS at the new location, located in the AV. Reform 6-64 Zone 9, Edificio Torre Corporation, Level 2 and 3. Telephone: 23390825 to 29
II. Verification Properties in transition:
We continue with the verification of cases in transition in the Attorney General's Office. Result at 06 June 2008:
Cases; 2.286
Verified:690
Irregularities made available to judges of the CHILDREN AND A ADOLESCENCE
Where appropriate: 22
Cases advancing: 271
Complaints filed with the PGN; 8
cases with previos at the PGN: 263
# of Days for verification: 21
III. The new system of adoption in Guatemala is on the march.
The CNA made since the early selections of families (matchings) for two adoptable children. These are the first cases that serve as a model for subsequent procedures. We have qualified ten families, among whom it has been determined the adequacy of which were chosen for placement of the first two children. The identification of the ideal family is based on strict criteria, which meet the child's best interest, so their qualification involves interviews, home visits, profound social and psychological studies, to establish that can effectively meet the needs of children in state to adopt. The completion of this work ensures the best adaptation of the child in his new family and the best knowledge and attention to their needs.
IV. Families who have applied for an adoption.
To date we have 107 formal requests for Guatemalan families wishing to adopt, which are in the process of gathering requirements required by law to be evaluated in order to determine their suitability to adopt. The first application was received on March 4.
V. Children under care of the state to adopt.
To date, we received 37 children declared in a state to take from the courts of childhood and adolescence. These children are in the process of evaluation to determine their qualities and needs.
VI. Support for biological family.
The National Council for Adoption is the process of developing guidance to biological mothers who find themselves in the situation of giving their children up for adoption.
VII. PROTECTION Hogares and shelter.
It (the CNA) includes a study conducted by means of which it has been determined households operating throughout the Republic, and children who they are, that in order to carry out the necessary actions to locate these children with adoptive families and to oversee the functioning of the same being accreditation.
The above information will be constantly updated to keep accurate information for all concerned.
Sincerely,
National Adoption Council
Guatemala, 09 June 2008
Before getting into the meat of this, we want one thing to be perfectly clear. Guatadopt is trying very hard to validate what is happening, remain "objective", and provide our readers with as accurate of information as possible. We realize that many of the things we are posting can be interpreted as explanations and endorsements because we are not going on the attack. Those would be incorrect interpretations. We also know full and well that some of things could be logically explained even if officials are seeing them as nefarious. But at the moment, there is so much spin out there but we feel our role is best served by being as journalistic as possible.
Interviews are moving along. There are problems happening. Most are still going short and sweet. In cases where the interviewers suspect anything, the interviews are becoming more intense and much longer, with some last as long as 90 minutes. In the event that the interviewer is not satisfied, the child and birthmother are being put before a judge. In some cases the judge says there is no basis for concern and everything is allowed to proceed. If the judge believes there is reason for more investigation, the child is being removed from foster care and placed in a hogar pending the result of the investigation which we all know can take quite a while to complete.
The 15 cases which were reported as annulled are in this state of investigation. The word annulled is a misnomer from what we know. Pending the result of the investigation those cases will or will not be allowed to continue.
Problems are arising during the interviews. Some birthmoms are very nervous. Some are not able to answer what are considered to be simple questions such as what is the child’s name, where was he/she born, when was he/she born. Some are saying they have no idea why they were brought to PGN (not to be confused with that they don’t know about the adoption). These are just a few examples.
There are some attorneys and agencies who are known to have shady dealings and their interviews are likely automatically more intense. We do not have a list of who those are but it is fair to say that if you are working with the folks who have been exposed in the media, it may mean a more extensive interview.
We have been told from “reliable sources” that cases which cleared the interviews are poised for imminent release. But we’ve heard that before - although it is coming from a more official source this time around.
You have all read about what is being claimed about the nature of the intense questioning that goes on. We do know that some reports of fact have been misunderstood where what was interpreted as a first hand account was actually second or third hand. Because no one reporting this is in the interviews, we also don’t know how much may be inappropriate questioning versus true threats and/or bribes. Once again, we are trying to validate things and are in no way discounting what you have been hearing. I’m just saying that based on Guatadopt’s sources, we can’t validate the exact nature of it.
We do know that in most of the instances we know of where children have been taken into custody, there were issues with the responses of the interviews. To be clear, we are not saying that this was a necessary step or defending it, just that it was not done completely without justification.
That is what we know at this moment.
In other news, the CNA has a new notice on its website which reads:
The National Council for Adoption and
THE Procurator General's Office,
The interests
LET IT BE KNOWN:
That verifying in-processes cases that are in the pipeline, which is being conducted in the Attorney General's Office, aims to:
I. To comply with the legal mandate contained in Article 57 of the Adoption Act.
II. To verify the legality of the origin of the child, and establish that the biological mothers have given their consent in a free, spontaneous way and without pressure.
III. To provide legal certainty to adoptive parents.
Therefore:
a) We guarantee that the adjustment is being conducted with technical criteria and objectives.
b) The cases verified that meet the requirements of law, are being expedited so that children join their adoptive family in the shortest possible time.
c) reported that the verification process is free, public, transparent and has observers from the Human Rights Ombudsman and the Public Prosecutor's Office.
d) The adoptive families and the general public can have confidence in the verification process being done.
Lastly, the Guatadopt team is overwhelmed. For our own sanity we are going to be on-line minimally over the holiday weekend. In addition, a death in my family will have me out from Sunday until Wednesday night and at this point I honestly don’t know how much, if any, internet access I will have while I am away. In short, we will do our best.
We know this is an extremely difficult time for you all. Our hearts do go out to you all and of course the children caught in the middle of this debacle. We can only hope that the collective thoughts an
Two stories are out there in the US and Guatemalan Press. An AP story speaks of 15 cases being annulled by PGN because of improprieties. A story in the Prensa Libre speaks to 80 attorneys being under investigation by the Ministerio Publico because of false documents. We of course can not speak to the validity of these stories, we're only reporting what is being published. Both stories, and their links, can be found by clicking on more.
Prensa Libre Story (internet translated): http://www.prensalibre.com/pl/2008/mayo/21/239796.html
The Public Department investigates some 80 lawyers that would have incurred in illegalities in the processes of adoption that deal with before the attorney general's office of the Nation (PGN), reported today the public prosecutor against the Crime Organized, Jorge Donated.
The public prosecutor said today journalists that the investigations against the lawyers, they initiated after the PGN presented the respective accusations, "after finding evidences of anomalies in the processes of adoption".
The holder of the PGN, Budilio Gap, ordered last May 5 to suspend some two thousand 300 children adoptions processes that still are dealt with for the notarial way, by to have been initiated before charged force the new Law of Adoptions, the ones that will be revised before giving them the seen good.
These processes were revised by officials of the PGN and the recently created National Counsel of Adoptions, to determine if the children that would be given in adoption are in reality children of the parents that appear in the documents negotiated by private lawyers.
Among the anomalies detected by the PGN in the continued processes by the jurists, they found false directions where supposedly they were found the smaller as well as identity documents alteration and forgery as a token of DNA.
Scores of lawyers, medical, nurses and nannies integrate extensive networks that are dedicated to deal with adoptions of Guatemalan children to be given to foreign families, a "business" that has left annual profits of to 200 million dollars.
AP Story: http://news.yahoo.com/s/ap/20080522/ap_on_re_la_am_ca/guatemala_adoptions_4
GUATEMALA CITY - Guatemala's attorney general said Wednesday he has annulled 15 pending adoptions to U.S. couples after finding evidence of fraud or other irregularities.
Attorney General Baudilio Portillo suspended all of Guatemala's 2,286 pending adoption cases in early May to investigate them.
The 15 annulled cases represent nearly 10 percent of the 160 cases that have been reviewed thus far. Another 2,126 must still be investigated.
The 145 cases that were not annulled were allowed to move forward.
"We believe that, over time, the number of cases with irregularities will grow in the same proportion," Jorge Meng, the attorney general's office spokesman, told The Associated Press.
The babies whose cases have been annulled will be put in foster homes until a judge locates their parents. If their parents aren't found, they will be put up for adoption again.
It was not clear if the U.S. couples affected had been notified.
The irregularities were serious enough that the attorney general filed criminal complaints against lawyers, doctors, social workers and birth mothers involved in the 15 cases, Meng said.
Guatemala has been plagued by allegations of adoption fraud, including claims that babies are stolen from their birth parents or even sold by poor birth mothers.
A new law that went into effect in January is aimed at cleaning up the system by creating an independent council to oversee adoptions.
Before the council was created, private lawyers and notaries did everything from recruit pregnant women to obtain U.S. visas for the adopted children. The process was expensive, costing U.S. couples about US$30,000 (euro19,000) for each child.
But it was fast, usually lasting less than six months. That made Guatemala the second largest source of adopted children to U.S. couples, after China.
The new system is expected to be less expensive, but also slower. Adoptive parents will be assigned babies, instead of being able to choose them from a set of pictures, as they did before.
Bureaucratic delays kept the council from being able to process adoptions until just recently, and few new adoption cases have been started under the new law.
I couldn't think of a better title than this...as we have a list of things to mention:
1 - PGN was closed today, so there were no birth mother interviews.
2 - We've talked to quite a few of our contacts and so far, these so called birthmother "offers" are not panning out as the normal interview process. We've located the source of the rumor and it is a single attorney with two cases. I'm not very confident that it is reality. While a few agencies mentioned it to their clients (it was traced back to an identical email). So, the question is whether all the hysteria is justified. We can't answer that for you. But I can say honestly that its hard to be objective when you have a child waiting.
3 - Forum: I have a couple of hours of maintenance to do tonight before I can bring it back up. But I think we need to reiterate a few things about Guatadopt and the forums:
Understanding Guatadopt and the Guatadopt Forums
The Guatadopt site is run by ADOPTIVE PARENTS. Kevin and I have very demanding FULL TIME jobs unrelated to adoption. We get a lot of requests beginning with "Could you just...." Unfortunately, the Guatadopt site is not a matter of pushing a button and viola, everything you need pops up. 90% of what we have to do is behind the scenes...lots of emails, phone calls, research and site maintenance. It takes a LOT of man hours for something we don't get paid for. Sadly, we've even had parents contact us because their agencies were unavailable afterhours. But we have families of our own and we cannot keep up this marathon. This last weekend, I had a packed schedule. Meanwhile, rumors were flying...and being propagated to other forums where it was interpreted as being an announcement on our main site. It became clear that the forum and the front page were contradictions in mission. While it was always our primary mission to have ACCURATE information posted on the main page, we also felt that forums should not be too restrictive....But over the last few months, the forum has turned into a swap meet for unvalidated "announcements".
Here's the problem: A large percentage of the rumors we hear are simply not true...really, that is why the site exists. Some info is simply misinterpreted, some of the information is secondhand (an attorney heard it from another attorney) etc.... So, its like to old game about whispering a story in someone's ear and seeing how much it changes before it gets to the person at the end. For us, it makes it EXTREMELY difficult to weed out valid information. Generally, we check with multiple sources and we avoid posting until we get a better idea of the "real" story. So, while we had many of our sources saying....Nope, not here...Nope, didn't happen with my cases....nope, not me. We had the forum in mass hysteria and a load of emails for the "inside scoop" on what we could only find isolated secondhand reports. I saw this huge TO DO list (which included maintenance and addressing the issue) but our team was burned out. So, instead of spending my normal 2 hours on maintenance....I walked away and said: it can wait until Monday. Not only can it wait, but for me to keep the forums it will HAVE to wait.
Going forward, we are going to enforce some self-preservation techniques. Please remember, that we DO feel obligated to keep our readers well informed with the MOST ACCURATE information. But the forums mean a LOT of extra work. Somehow, we have to take some steps to balance some of the site contradictions and every once in a while, we have to reduce the impact to our staff.
Our forum moderators will be posting some updated rules and guidelines. But I have a few guideline requests now:
1 - Before posting an "announcement" that may cause a lot of distress on the forum, PLEASE email us. We would prefer to get validated information on the main site before parents get hysterical about rumors.
2 - If it is not on the main site, then we have NOT verified it. Please do not assume that we are in agreement if we don't respond.
3 - Remember that your Guatadopt team folks are human (no crystal ball and we actually try to sleep at night). We are not in process, but that doesn't mean that we are immune to the non-stop stress.
4 - If any part of the site goes down, we know about it. We are not sitting around trying to freak parents out or withholding valuable information to torment parents (we've been there and that is why the site exists...we UNDERSTAND). Whether it is maintenance, our hosting service or sanity....we will address the situation when we can. IE: It may take some time (because of demands of our JOBS or demands of our families).
Please try to reduce your stress as well . That means get off the forums, go jog, play tennis, play WII, throw darts but give yourself a sanity break. I am very worried about the effects of all this upheaval. It became very apparent that some parents also needed a mandated downtime on the forum.
How to end....well, lets just say:
Abrazos!
Kelly
The Consejo Nacional de Adopciones has launched a website. The main URL is http://cna.gob.gt. The key section for in process PAPs is the News ('Noticias") page: http://cna.gob.gt/Noticias.html#
Click on more for a translation of what it says now. Before you read that, I realize that some of the wording is going draw your ire when it speaks of expeditious and things like that. I understand how you feel. But I think the important thing to realize is that it is formally recognizing their obligation to process grandfathered cases under the old law as well as that say their desire is to get legal cases done without delay.
Communique of National Adoption Council-CNA -
The National Council for Adoptions-CNA-makes the public aware that, pursuant to Article 57 of Decree 77-2007 of the Congress of the Republic of Adoptions Act, and ensuring the best interests of children, has begun the process of verification of records in transition, from children to be given up for adoption, under the previous law, in coordination with the Attorney General's Office.
This process is to make sure that there are no irregularities in the files provided by the Attorney General's Office and give legal certainty and speed to the final placement of children who are at this moment to care homes and state or private individuals individuals.
The CNA is not intended in any way, nor has the power to withhold or suspend proceedings already initiated or remove the children to the adoptive parents, but on the contrary, the intention is that children remain institutionalized the shortest possible time, why which has coordinated with the Attorney General's Office, so that all those files that they are properly adjusted to the law, follow its course and give a favourable opinion in the shortest possible time.
On the other hand, the ANC makes the public aware that this activity does not limit other programs serving, so that all those families interested in adopting, to give up for adoption, or requiring information from any work-related nature of the ANC can come to our facilities or visit this site.
Finally, we wish to express to the families that Guatemalan domestic adoption, is free and can be handled in person, so you do not need the intervention of Lawyers and Notaries to do one, please do not be surprised to (receive) offers of professional services in exchange for fees. In this issue, (we are) calling on foreign families to be confident that if his file has been handled within the legal framework, it will not suffer any delays.
This site is available to the public wishing to consult it and through it can carry out his consultations.
To serve the interests of the child and making processes be dignified and transparent.
Board of Directors
National Adoption Council
Authorities from PGN today raided the hogar Semillas de Amor. According to a story in the Prensa Libre (which incorrectly named the hogar Semilas de Esperanza) it was done to verify the conditions at the hogar. My Spanish isn't perfect and it also seems to be saying that their new facility was not registered or something of the sort. Having visited its old facility and based onwhat I have heard of the new one, I am sure that conditions were fine.
As we learn more, we will post it.
Prensa Libre Story: http://www.prensalibre.com/pl/2008/mayo/12/237729.html
Let me start by sayng that everyone needs to remain calm and not take at face value what the press, Guatemalan and US, say. Words like "supsends" can be used to make things sound different than they are, while techicaly being correct.
Please click on more for all I have for you today...
NOTE: Please remember our rules on comments. If you do not provide a valid e-mail address on the comment form we will NOT approve the comment. No one can see the e-mail address except for Guatadopt staff and it is kept confidential.
1.) Birthmom interviews - we do NOT have any info to indicate any plans for ALL birthmoms to be interviewed. I'm not saying it won't happen, just that we have no info to indicate it will.
2.) There were somewhere between 40-50 cases that had been approved by the old PGN regime but not yet picked up. PGN has sent out a courrier with a notice to the Notarial attorney on those cases with an appointment date of this Thursday for the birthmom, child, and foster mom to appear before PGN. They are usig the addresses given on the CNA registration form.
3.) On at least some of those addresses, the courrier was unable to find the attorney. Either the office was closed or in some instances it appears as though it is an incorrect our outdated address. PGN is continuing to try to locate these attorneys and I have no info on "what if" they don't locate them or if the appointment is missed. I also don't know which attorneys they need to locate.
4.) An amparo was filed with the courts to question PGN's legal right to do interviews when there is no probable cause. Note: my legal explanation may be incorrect, I'm not a lawyer
5.) On all of this, my advice would be to encourage folks to comply with the request and not fight while they wait for the ruling on the amparo. Everyone I have spoken to who has had contact with the CNA and the new folks at PGN says that they seem to be well intentioned and willing to work with the attorneys. One of my best contacts emphasized that I deliver the "don't panic" message.
Two other important things:
1.) We have learned that the CNA has been developing procedures for enacting the new system. We hope for those be offiicial and released soon so that children can once again find homes with permanent families. I have no info on the details of this, just that they are very close to being done!
2.) We have learned that there are a large number (100+) cases that were not registered with the CNA. Some of them may have been registered with the "original" CNA but not with Colom's. EVERYONE: make sure you got a registration number from the CNA. DEMAND IT from your agency and attorney. The "original" CNA did not issue numbers, just a stamp. So having a number should mean you are okay. If you find out your case was not registered, the adoption is legally invalid and could be in jeopardy. I would recommend you contact adoption supervisors and/or have your attorney officially petition the CNA for resolution.
3.) We've had some technical issues with the Abandonment case form. We're working on it...
According to the Prensa Libre, all adoptions are being put on hold for a month in order to validate the legitimacy of the cases. The story can found here: http://www.prensalibre.com/pl/2008/mayo/05/236311.html. By clicking on more you can read a so-so internet translation of it. As we learn more we will post it.
In different news many of you have been following the story of a Sobrevivientes led hunger strike by four women who claim their children were stolen. Guatadopt has tried to contact the organization in order to get pictures of these children so that maybe the adoption community can help find them. Sadly they have not respondedand pictures of the children can not be found on their website. If anyone has communciations with them, please ask them to do so as it seems "odd" that they would not accept or respond to our offer to help.
Prensa Libre Story:
At the request of the legislative commission of the Smaller one and the Family, the attorney general's office of the Nation and the National Counsel of Adoptions will suspend, by at least a month, all the procedures of adoption under way -near three thousand-, so that those companies, it cited room of work, and the Public Department, they can revise them and to verify that there is not irregularities.
"We know about at least 80 processes in which there are anomalies, besides that we include a listing of lawyers that deal with adoptions illegally", referred the representative Gudy Rivera, president of that commission, although did not want to give the names because will wait for to include more you test against them.
The General proxy of the Nation, Baudilio Gap, said that they will cite from next Thursday to the lawyers involved in the adoptions, to the mothers of the smaller that will be adopted, and will be verified that the process comply with all the requirements.
The PGN already had announced last week that would revise the near three thousand expedients of adoption that is alert of to be approved.
The announcement of the suspension is produced a week after four mothers whose children were stolen and an activist that supports them, they began a hunger strike set against the Parliament building of the Culture to require that they seek their children that were abducted.
Today they decided to raise the hunger strike after the National Counsel of Adoptions compromised to give answers to its demands next Friday.
According to the registrations of the PGN during 2006 four thousand 496 children and girls were delivered in adoption, 10 percent more than in 2005, while in 2007 they were around five thousand 100.
The sign on the window (above) says that they are not releasing cases right now. We already knew this to be the case. But we have confirmed that they are accepting cases and have not closed the case submission window. To those asking about abandonment cases that don't have a COA and could not be registered, this would be a Consejo issue, not something PGN can decide.
We're still waiting for multiple source updates. But one forum regular who attended the meeting basically posted that it went well. She said that
1.) PGN agreed to look into the legality of the CNA auditing grandfathered cases
2.) PGN agreed that everyone knows who the corrupt attorneys are and that they will not hold up all cases over that (note: I find this hard to believe as who decides the list of "corrupt" attorneys"). But they said that they will separate investigations of attorneys from the adoptions themselves and prosecute the corrupt ones.
3.) They will process cases in a timely fashion
4.) They are looking into cases that seemed to have exited PGN too quickly in the past. Iwould assume this part of investigating what went on in PGN with Gordillo and Barrios as there is till a court case open involving their firing.
Click on more for an update 8:00 pm Monday
As we learn more and get more reports, we'll post it.
We did hear back from a very trusted source basically verifying the information above. This source urges calm and says that they say some cases, starting with those that had been approved but not picked up, SHOULD start coming out next week. He also added that anytime there is a change in leadership at PGN, this sort of thing is normal. He said that in general, it was better news than expected.
Guatadopt is currently trying to learn and verify the exact situation right now. As it appears, all cases in PGN are on what I will call a temporary hold, awaiting an audit. We have also heard that the CNA plans to interview all birthmothers to verify that their relinquishment was voluntary. Later tonight, I hope to write up a commentaty, but after two days travelling for work and much more time sleep deprived because of concern over some particular children in Guatemala, I'm in much need of a nap.
On a different note, please realize that sometimes it can take a little while for us to clear comments. Kelly and I both have real jobs that have to take precedence. Yesterday I was travelling all day and Kelly was in meetings, thus we couldn't clear comments. Please do not post repeatedly as it creates clutter and ends up having our server automatically ban you since it looks like spam. It's unfortunate that we have to clear all comments but back when we didn't, all sorts of porn and other inappropriate things got posted.
The new Attorney General Baudilio Portillo Merlos took over yesterday. The new Sub Attorney General (replacing Barrios) is Attorney Flory de De Leon and she has already moved into the office. It appears she may be holding off making any critical decisions until the Constitutional Court rules. The new AG has requested an audit, as well.
What does this mean? Short term, cases that were simply waiting for Barrios' signature are going to be delayed because of the way the review process works and the audit. With a change of power comes delays in about any business or government entity. Expect an impact on all cases currently in PGN. Long term, we cannot predict what this will mean. As always, we hope that this appointment by Colom will mean a more efficient PGN.
On April 29th, President Colom will be in Washington DC to meet with President Bush as well as the CCAI (Congressional Coalition on Adoption) which we can only assume that they will discuss the current situation with Guatemalan Adoptions.
This may very well be a good chance to have our voices heard by both governments! But before we start making demands or asking the US to pressure Guatemala to do this or that, let us think about what we really want to occur.
The Guatadopt team feels pretty strongly about US involvement here. We do not feel that the US has the right to pressure Guatemala into changing adoption laws. However, we do feel that it is appropriate for them to discuss the current delays and encourage Guatemala (and the US) to finish these cases ethically without "token" delays.
Furthermore, the idealist in me believes that we (as adoptive parents) should let the Guatemalan government know that as private citizens we (the Guatadopt extended community) are willing to try and help them support an ethical, appropriate adoption process which will offer families to children who really need families. And maybe, part of that support is implicit meaning that we will involve ourselves in programs that end the cycle of poverty.
In Kevin's recent post, Thoughts on ADA's Latest Post - Guatemala: The Next Romania?, we had a pretty good discussion on Grass Roots Movements. I saw that several readers felt "helpless" as just one person to make a difference. Well, maybe I am up too late, but I have to say that PERSISTENCE and DEDICATION are what matters here. Guatadopt started with just one person (me) and now has a network of individuals generally believe that adoption is an option that shouldn't be totally closed off to children in need. And while we debate heavily on this site regarding how we got here and the best approach for the future of adoptions, I know that most of our regular readers care deeply for the children of Guatemala.
So, tonight Guatadopt will make a pledge....
President Colom - We, Guatadopt and many of our readers, will pledge our support to assisting Guatemala in its quest to break the cycle of poverty, promote education and help socially responsible programs that we hope will reduce the NEED for adoption. We are committed to the children of Guatemala. We hope that Guatemala will find a way to promote the family option to ANY child who is in need of a family and a home. Ask for our help and we will be here. We pledge our time and efforts to assist Guatemala in becoming a model for child services.
Sincerely, Guatadopt Adoptive Parents
***If you would like to add your name to the pledge, I have posted the pledge separately here: PLEDGE TO GUATEMALA
Today, Guatemala has a new Attorney General appointed by President Colom. Attorney Baudilio Portillo Merlos takes over the position from Gordillo. Gordillo has filed an appeal to the Constitutional Court to keep the position. I guess we will see if that challenge holds any water!
Since this is connected to the operations of PGN, I will also mention that there have been some rumors that PGN "closed its doors" and everything has been left to the CNA. Today, several of our contacts went to PGN and are confirming that PGN is still working. If there is a problem, our sources usually contact us immediately and we will certainly post it here.
Another agency, Adoption International Program, is a goner, with numerous felony charges and it's founder Orson Mozes on the run. This agency has NO CONNECTION to Adoptions International in Philadelphia (Hannah Wallace's agency) or to Adopt International (Candace O'Brien) out of Florida. In fact, I think there is another California agency out of San Francisco with a similar name that is not connected.
An ABC News story can be found here: http://abclocal.go.com/wabc/story?section=news/investigators&id=6080624
I think we can all expect more such investigations as it seems the current tide. As always, we applaud the authorities who actually listened to PAPs and encourage others to do the same!
Lisa Nowak, owner of the Claar Foundation adoption agency, was arrested Wednesday for theft and fraud. The link below will take you to a story on it. According to the story, "anyone with information about this crime or suspect is asked to contact Detective Jeff Kithcart in the Boulder Police Detective section at 303-441-3330."
http://www.timescall.com/news_story.asp?ID=7553
President Alvaro Colom has asked Mario Gordillo to resign as head of PGN. Thus far Gordillo is challenging him, stating that he can only be removed if just cause is presented. Half-joking, I'm sure some of you would love to help Pres. Colom with this one...
You can find the Presna Libre story on this here: http://www.prensalibre.com/pl/2008/marzo/25/227940.html
As we learn more, we'll post it...
The list is out. It can be found here: http://www.travel.state.gov/family/adoption/convention/convention_4169.html
Or you can download it here: Download file
I haven't looked at it yet so I can not comment...
To anyone currently in process whose agency is not on this list - DO NOT WORRY. IT DOES NOT MATTER. YOUR AGENCY CAN COMPLETE YOUR CASE.
Guatadopt has learned that Joe and Simone from Waiting Angels today accepted a plea bargain with the Michigan Attorney General's office. Under the agreement, they will plead no contest to the felony charges. Their sentencing hearing will be held on April 8 and it will be at that time that any restitution to their victims will be announced.
As part of the deal their website was ordered shut down (which has already occured) and they are forbidden from working in adoptions until they have completed any probation that will be part of their sentencing.
We applaud the efforts of the Michigan authorities on this matter. Compared to the pathetic response we have seen from states like Minnesota, South Carolina, Florida, Pennsylvania and North Carolina when corrupt adoption agencies are brought to their attention, Michigan seemed to have cared more for its citizens. And if the AG's from those other states listed want a better Guatadopt rating, give us a call so we can help you bust the scumbags!
Over the past couple of days a number of stories have broken about investigations, indictments and other indicators of the sad side of adoption. Some people have asked me why we post these things. The main reason is of course because we post all news and information related to Guatemalan adoption (or try to). Second, because often times the only way families working with the adoption service providers involved find out about the situation is by us posting it. They have a right to know.
So read on to hear about what's up with the Claar Foundation, Homecoming Adoptions, and Casa Quivira attorneys Vilma Desire Zamora Perez and Sandra Patricia Leonardo Lopez.
Claar Foundation:
They’ve shut doors and they are being investigated. You can read about it here: Boulder Daily Camera and Vail Daily.
When I first read this the name Lisa Novak stuck out in mind. A google search solved it. She was the person who became some sort of self appointed spokesperson to the adoption community for DOS and the Berger’s in regard to the threat of the Executive Order/Protocol of Good Practices last year. I remember it well because it is the only time I know of when something Guatadopt reported was ever questioned for its authenticity or accuracy. And for the record, the darn thing was real back then no matter what DOS or anyone said and of course it came to fruition months later.
Homecoming Adoptions:
Admittedly it comes as no surprise to me to see these guys in the position they are now in. I can’t go into it because we promise confidentiality to anyone who contacts us. So I’ll just say that I am not surprised and leave it at that. You can read about their troubles and watch a video here: WKMG Orlando
Casa Quivira attorneys Vilma Desire Zamora Perez and Sandra Patricia Leonardo Lopez:
According to today’s Prensa Libre, the Ministerio Publico has filed some pretty serious charges against them. And they’re saying that charges may soon be brought against Clifford Phillips. Before reading the so-so translation below please know that Prensa Libre is often like the National Enquirer. The manner in which it phrases things as fact versus allegation leaves much to be desired and it often sensationalizes things. We will post something to the comments of this thread once we are able to verify or better explain what has happened.
Prensa Libre Story: http://www.prensalibre.com/pl/2008/febrero/20/221398.html
Indictments against Casa Quivira Lawyers
By Coralia Orantes
The Public Ministry (MP) filed charges against Vilma Desiré Zamora Perez and Sandra Patricia Leonardo Lopez, lawyers of Casa Quivira, for the crimes of complicity in the alternative and child abduction.
The prosecution has more than 60 ways of conviction against these lawyers, which shows the falsification of identity of juveniles in the casa cuna.
In addition, there are the stories of mothers of the children who agree that at no time were they given in adoption.
The office reported that they even locate the file of the alleged mother of one of the minors, but when corroborating her identity, it was discovered that the person who had that name had died.
It was also discovered that some of the women who filed a claim with juveniles, were not their mothers, but which supplanted the identity of the real ones.
The Court of First Instance ruled that Antigua Guatemala also will begin action against Clifford Phillips, owner and representative of Casa Quivira therefore requests by him, was suspended, just last week, the blood tests of children located in the Children's Home and their alleged mothers.
On August 11, 2007, the MP and police raided the house Quivira, and found 46 children who were to be given up for adoption, several of them apparently with irregular procedures.
On Friday last, the Court of First Instance of Antigua Guatemala left tied to trial Nora Xalim Valenzuela, a social worker from Juvenile Court that city, for the crime of perjury.
Today is Inauguration Day in Guatemala as Alvaro Colom becomes President. As people with a great deal of love for Guatemala, Guatadopt extends its strongest well wishes to the Coloms and the Guatemalan people. Forgetting about a adoption for a minute, he has a difficult task ahead in trying to improve the quality of life for his citizens. And as it relates to adoption, we're here to help in any way we can. We also vow, no matter what happens to adoptions, to continue to fight and raise aid to support children in Guatemala.
I am excited and enthusiastic to watch what this administration does in years ahead.
Paz!
Miami Herald Story: http://www.miamiherald.com/news/world/AP/story/377837.html
JCICS published a statement (http://jcics.org/Guatemala.htm) saying that PGN is not accepting new cases other than those which have been approved.
We are getting mixed information but our ground forces are trying to clarify the reality of the statement. At this time, we believe (based on the information) that PGN is not accepting new cases but they are continuing to process cases. Under the new law, they are in a questionable position because the law states that all cases must be registered with the Central Authority...you know, the one that does not exist yet. So, I believe that the translation is that they are still working on cases, but there may not be any "approvals" until this has been ironed out.
We are pushing for a solution regarding the Central Authority. But remember, that you have a new administration turnover. So, the current administration will be leaving on the 14th of this month. So, it is very possible that nothing will be resolved until the new administration is "in" UNLESS, the current administration establishes this Central Authority and comes up with some mechanism to handle registration under the new law.
Update: Folks, please do not confuse this with grandfathering. Its a logistics issue with the new law. At best, we are simply "on hold" for XYZ cases until some procedures have been identified. As for new cases, we are guessing at best (as I mentioned we are getting conflicting information)....I would interpret this as new cases entering in PGN. I do not know if resubmittals are being turned away at this point. Those who already have PGN approval should not be affected by this. We do not have any word on how long this will last. I think the best way to describe this is that the engine is sputtering, but the road has not been closed as of yet.
Also, please refrain from the "Does this mean....?" Speculating, in this case, helps no one....but certainly causes a lot of stress. I'm viewing this as an expected stall....nothing more at this point.
We will not be providing updates over the next few days and through Christmas. Kevin is on vacation and I desperately need a break to be with my family (or I might as well check into a hospital!). I have been working many, many hours on Guatadopt, Do Good shipments, calendar issues and problem cases. But I cannot continue to neglect my own family nor my own health and need for sleep. As many of you know, this has been an incredible rollercoaster for us with news, requests, questions and problems every hour of our day...and has been taking more and more of our time each passing month. I've had to give up writing much over the last few months just to handle the day to day needs of our Do Good project and the site.
So, a couple of notes. First, understand that our team is EXHAUSTED. We *are* still volunteer and most of the proceeds we are making right now are going straight back into our projects or into our Do Good Feeding Project. The offline note INCLUDES EMAILS, PROBLEM CASE SUBMITTALS and any other service we typically provide. It is also possible that the site may go offline some during that time. Second, If you have questions, we would appreciate it if you would wait to post or ask until after Christmas.
I hope everyone has a wonderful holiday and if you celebrate Christmas, that it is joyous!
Merry Christmas,
Kelly, husband and D-Lo
The wind appears to have changed again. According to some stories in the Guatemalan media and the ADA, an adoption law will be finalized today. It will contain a grandfather clause and be effective Dec 31.
Once again, this is how things are as I know them at 7:30 am est. The Guatemalan Congress website has not updated its "Order of the Day" to show their actions today. We will update this thread as we learn more and the day continues.
The ADA has a new post on this here: http://www.adaguatemala.org/English/news/. There is a comment in it about the POSSIBILITY of the US not issuing first DNA test approval after Dec 31. I'm not sure where that came from and will be looking into it today so if you are early in the process, don't worry right now.
UPDATE NOV 30: The "new" law that has passed two readings and that is allegedly going to be approved mid-December in a special session of the Guatemalan Congress has been posted to the congress website. It DOES contain a grandfather clause. By reading the comments on this thread you can find a link to it and a translation of the grandfather clause.
JCICS has issued a new statement that can be found here: http://www.jcics.org/Guatemala.htm It basically states what Guatadopt had already reported about no vote likely this week.
Some may be confused by the statement about a potential Berger veto. While I have no information on this I'd conjecture it means that the ammended law as it would likely pass is "too watered down" for Berger. That does NOT mean that grandfathering is in question.
In addition, the Guatemalan Congress website has a post about how if the vote doesn't occur this week, it will likely occur the first two weeks of December. Of course, that is according to the head of the Congress who has made other similar statements in the past only for them to not come to fruition. That can be found, translated, here: http://translate.google.com/translate?u=http://www.congreso.gob.gt&langpair=es|en&hl=es&ie=UTF-8&oe=UTF-8&prev=/language_tools
Let me reiturate one more time that if no law is passed, or until such a time that one is passed, the legal adoption system in Guatemala remains unchanged. In addition, there is no one out there stating that any new law, whether it be Ortega or a new one, will not grandfather in process cases.
It's becoming really difficult right now to figure out what to post an what not to. So many stories in the Guatemalan and the US press, few on which really mean anything and most of which are filled with enough spin to dry a head of lettuce (okay, you have to know what a lettuce spinner is to get that one).
Our readers and our wonderful Marie do a great job of getting most every story in to our forums. So that is really the best way to keep completely up on what is being said.
A new report has been released by a group consisting of Casa Alianza, Bienestar, The Mirna Mack Foundation, and the Human Rights Office of the Archdiocese. I've been unable to find a copy of the actual report anywhere. Based on media reports, it basically states that adoptions are a huge organized crime syndicate. Media sensationalizes things, so I don't want to attack the report without reading, though there are obviously some of the usual suspects involved. Nonetheless, Myrna Mack and the Archdiocese are not commonly involved in the adoption debate.
The newspaper La Hora seems to be on an anti-adoption rampage. They have run a number of stories, some of which cover truly atrocious things done to mothers and children. However, I don't see any of these showing that these children were to be adopted. It would make sense, but when a child is stolen and no DNA is ever taken, it seems tough to say the kids were joining families in the US, where almost all children go. So, these cases could be old and before the 2nd DNA. If so, I am at a loss for what to do other than be thankful for that second test and to reiturate - what took so long in institutiing one? Or these children could go through abandonment proceedings. If that's the case, then the children are in the courts and someone in law enforcement - find them and throw the perpetrators behind bars!
ADA has issued a new statement on their website about all of this, primarily the report mentioned above. It is very strongly worded and full of the passion we know and love of Susana. So while I personally have a hard time with some of it, the ADA's voice is one always worth having. http://www.adaguatemala.org/English/news/
Senator Norm Colemean of Minnesota has been pounding the pavement in Guatemala. Chalk up one more point that in-process cases will be be completed. No offense intended and I applaud Coleman's interest, but it is getting to be a huge distraction with solving the future of Guatemalan adoptions to have this ongoing coverage of grandfathering. It's a great humam interest story but its pretty clear it is going to happen. At what point is the coverage only serving to keep in-process parents worried?
the US embassy has issued the following statement:
Adoptions in Guatemala
"Pink Slip" Processing Change
November 15, 2007
In order to be more responsive to adoptive parents and provide more timely information for the purpose of coordinating travel, the Consular Section at the U.S. Embassy in Guatemala City will no longer issue adoption interview appointment letters, or "Pink Slips", in hard copy. Beginning November 19, all appointment letters will be sent directly to the petitioner via email. It will no longer be necessary for a representative to pick up the "pink slip" at the Embassy. Adoptive parents will be responsible for notifying their attorney or facilitator of the appointment date, rather than being notified by a representative.
The Consular Section will contact adoptive parents using the email address that all adoptive parents are required to submit to DHS as part of the immigrant visa petition. If the Consular Section is unable to contact the adoptive parents using the given email address, we will then call the parents to request a new email address. In order for the Immigrant Visa Unit to work quickly and efficiently, we request that adoptive families not contact the Consular Section to update or check an email address.
To ensure that local representatives have necessary authorization for the immigrant visa medical examinations, those forms will be provided at the time that the second DNA authorization is given.
You can find it here: http://guatemala.usembassy.gov/adop20071115.html
Update Th. Nov 15
The Guatemalan Congress website now says that the adoption law will be voted on next week. When we say voted on, that means the ammendments to Ortega although there is the possibility of it essentially being turned into an alternate piece of legislation.
Here is the notice:
http://www.congreso.gob.gt/gt/ver_noticia.asp?id=4442
The website of the Congress of Guatemala states that the adoption law will be addressed in the "next sessions". I don't know if that means THE next session or soon. It also mentions a Dec 31 date. It also states the Central Authority will consist of PGN, Bienestar, and the Supreme Court of Justice.
You can find it here: http://www.congreso.gob.gt/gt/ver_noticia.asp?id=4436
We'll update as we learn more.
US Consul General John Lowell is once again attemptiong to interfere with Guatemala's rights as a sovereign nation. He is apparently requesting a meeting with all the Guatemalan parties in Congress in an attempt to strongarm them into not delaying Ortega and the Hague.
As a US citizen who pays his taxes (meaning everyone in DOS's salaries), I am hereby calling on the DOS to be open and transparent with its activities and positions regarding adoptions from Guatemala. No more closed door meetings. No more double talking with members of the adoption community. No more political bullsh*t!
For many months it has been very clear to me that DOS wants Guatemala's adoption system shut down. They never come out and say it, but that has been the objective. For whatever reason, they lack the guts to just shut it down as they did with Cambodia. Instead, they have been taking this behind the scenes cowardly approach. They've issued ominous warnings, FAQs, and misleading statements. They have played games with the adoption advocacy organizations as a way to keep them at bay. And they used what I believe to be a huge red herring by bringing up a largely unfounded risk of in-process cases not being grandfathered.
Guatemala has approved the Ortega Law. To its credit, the Guatemalan Congress seems to realize that they need more time to institute the infrastructure. In addition, they realize that it is best for them not to have confusion regarding in-process, pipeline cases. Guatemala has just elected a new president who will take office early January. It only makes sense to give Alavaro Colom's administration a little bit of breathing room to get this law up and running.
But no, DOS is instead not repsecting their right to figure this out for themselves. It isn't enough for DOS that they practically shoved the Ortega Law down the throats of the Guatemalan Congress. Is it a coincidence that Guatemala got a huge loan from the US approved the same day as they unexpectedly approved Ortega? Might John Lowell now come up with other incentives to get them not to delay Hague/Ortega?
Some have asked me why they are doing this. My simple answer is that they don't want pipeline cases once the US ratifies the Hague. They don't want the potential for 4-6 more months of people accepting referals. This is why I say that they need to stop acting like covert agents and be open. Tell us what you want and what you are doing. If my theories are correct, then do what you need to do in the open. We all agree with the need for transparency in adoptions - that goes for DOS as well.
So DOS - enough already. I know that I have held back much of my criticism for too long. I've seen through your charade. In many meetings with adoption advocates, I called b.s. on your supposed open minded ideals. I know the pressure you put on the Guatemalan Congress. And now this. Well it is time for me to exercise my rights to free speech on this matter because quite frankly, this garbage is really pissing me off. To Condi Rice: from one Notre Dame alumni to another, please put the humanity and values I know you learned in South Bend to use on this matter. Look at the history of what happens when the US pushes Guatemala too much. The country has just held an amazing election that shows grassroots democracy is at work. Colom was elected by the people around the country, not the elite. It is an amazing time of hope for Guatemala and their Congress was doing the right thing here. Let Guatemala be and let it grow and flourish!
Below is a letter you can use to send to your members of congress. I am also told that you can call 202 647 5291 to reach Condi Rice's office. Everyone, let's get our government to be upfront, honest, and let Guatemala choose its own path. And let's remember that the key to ethical adoptions is busting the bad guys, not removing options for children!
Sample letter:
Dear Senator/Congressman/Congresswoman _____,
I am a constituent writing to ask for your help. As you know, almost 4,000 American families [including mine/my sister's/a friend of mine/etc.] are in the process of adopting a child from Guatemala. The Guatemalan Congress is now deciding how best to bring its adoption system into compliance with the Hague Convention on Intercountry Adoption.
It has been reported in Guatemalan newspapers that the Consul General to the U.S. Embassy in Guatemala, Mr. John Lowell, has been in contact with Guatemalan congressmen and political party leaders to lobby for a specific bill, the Ortega bill, that threatens to terminate or severely hinder in-process cases, putting the adoption cases of almost 4,000 Americans directly at risk. This, despite the fact that the Guatemalan Congress has indicated its clear intent to bring the Guatemalan adoption process in line with the requirements of the Hague treaty and the various options that are available to any country in developing a Hague-compliant procedure.
Mr. Lowell's actions, if as reported, are unconscionable. First, it is wholly improper for Mr. Lowell to interfere this way with the Guatemalan legislative process - Guatemala should be able to choose, without interference from Mr. Lowell or any other U.S. official, a process that involves both public and accredited private sector actors (like the one we will have in the U.S. when the U.S. implements the treaty next spring). Second, Mr. Lowell's actions are directly contrary to the best interests of the children in the adoption process and to the thousands of Americans who would be adversely affected by the passage of the Ortega bill.
I ask you to take all appropriate action available to you to prompt Mr. Lowell and all U.S. officials in Guatemala to refrain from interfering with the Guatemalan political process regarding intercountry adoption.
[your signature]
Guatemalan papers are reporting that committees of Congress met yesterday on the adoption law. This was NOT the vote on the ammendments. But based on these reports, Guatemala will postpone implementing the Hague until April 1, 2008 in order to better coincide with the US's likely ratification date. Interestingly, one paper quotes US Consul General John Lowell as saying this is unnecessary.
In addition, one paper is reporting that the Ortega Law's effective date will be bumped back to April 1 as well. One story also mentions that one ammendment to be voted on is to permit singles to adopt.
Is that a sigh of relief I hear?
Once again, this all coming from Guatemalan papers.
Click here for an ADA Update/Commentary on this: http://www.adaguatemala.org/English/news/
Click here for JICS's update on this: http://www.jcics.org/Guatemala.htm
The Hague, until April
Congress delayed entry into force of the Convention
By: Ana Lucia Blas
Cover photo
(Photo Free Press: Mary Fleischmann).
Members of the Congress agreed yesterday to amend the date on which force charged the Hague Convention, which regulates international adoptions, for the April 30, 2008.
At a seminar for consensus on amendments to the draft adoption law, which could be approved in the next few weeks, deputies from different bench agreed to change the date it takes effect this international convention, with the aim of "waiting for States United implementation. "
A spokesman for the embassy in that country said yesterday that this treaty will enter into force in early 2008 "in the United States, has not yet been specified date.
"If Guatemalan begins to apply before USA, no child may be adopted in this country, and we can not afford that luxury, because there are children who really need a family," explained the deputy unionist Pablo Duarte, in proposing the amendment , which will be included in the adoption law, which also charged effect in April next year.
Moreover, in this term to prepare the institutional structure that will be required for the implementation of these two regulations, as the National Council for Adoptions, an autonomous body that will have to be created to comply with the Hague Convention, said Duarte.
"The important thing is that it was ratified after ten years of waiting, if it takes one or five months to be valid, then we will have to wait and prepare to implement it immediately," felt Nidia Aguilar del Cid, defender of Children and Adolescents , the Human Rights Ombudsman.
However, Jorge Luis Ortega, the Democratic Union, although it supports the extension, acknowledged that could help "those engaged in negotiations with adoptions, ran to initiate new procedures, to avoid having to comply with the new law neither the convention. "
"We should think about what we should to the country; The benefit of children and not on what the United States does. Remember that they have no hurry to implement the agreement because its country adoptions are handled legally, but in Guatemala same is not true, "said Oliverio Garcia, first vice president of Congress, but in the end it supported the extension because" has its logic " he justified.
Consensus
Adoption Act
These are some of the proposals agreed yesterday to the adoption law.
The central authority is the National Council for Adoptions, an autonomous body comprising representatives of the Supreme Court, the Human Rights Ombudsman, the Social Welfare Department and agencies accredited in the country to handle adoptions, among others.
They may take unmarried individuals.
Interest in approving Adoptions Act
• View other headlines
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National
06 November 2007
Edgar Hernandez
Members of the board of Congress deputies and representatives of the various bancadas met this morning to try to establish agreements on the discussion articles and final wording in the full Adoptions Act.
For Congressman Rolando Morales Francisco Chavez is necessary to establish agreements so that this initiative will be known in full as soon as possible because it is not possible for the Guatemalan children continue to be used as goods for sale abroad.
The chairman of the legislature, Ruben Dario Morales Véliz, expressed confidence agreeing inclusion in the meeting tomorrow, which appealed to the political maturity of the deputies of the different political forces represented in the Legislature.
The meeting was attended by heads of block and deputies of different benches to avoid further setbacks in the discussion and adoption at the plenary.
A group of lawyers asked for the ninth time meet with the board of directors and deputies engaged in the discussion because they say they had not been taken into account and be affected by not being able to continue working in the processing of adoptions, if the initiative is approved.
According to attorney Enrique Urizar, if approved as currently with the 61 amendments that were made, are committed several inconstitucionalidades and damage to more than 25 thousand children waiting to be adopted by families who offer better living conditions.
Postponing Validity of the Hague Convention
U.S. government considers "unnecessary" postponement; PGN said that only the DC can do.
Gladys Ramirez, Ericka Marroquín, Century 21 |
The United States government, through its consul accredited in the country, John Lowel, considered "unnecessary" that Congress postpone the entry into force of the Hague Convention, which would be initially implemented locally from 31 December. At the request of the heads of block, it was decided to amend Decree 31-2007 and approve the April 30, 2008 as the date for its entry into force.
Lowel insists that it was not necessary to "postpone the date, since the Convention is vital for the protection of children."
The congressmen claim to be able to make the change through a legislative agreement to be prepared next week, but Mario Gordillo, owner of the Procurator-General's Office (PGN), which covers only the Constitutional Court has the power "to be an agreement international character. "
Similar position assumes a judge from DC, who did not want to identify themselves, to ensure that the way for amending the agreement is for that agency.
Discussion of changes
The Congress also proposed for the same date of the entry into force of Adoptions Act (also originally scheduled for January 1, 2008) and will discuss 69 possible amendments, among them, allow unmarried or divorced adopt a child (read: Council Nacional).
"Another four months would give us time to strengthen it, because if it enters into force too soon it would receive many attacks (protections and remedies for unconstitutional) that would weaken it," argues Congressman Jorge Luis Ortega, who made the proposal, which was endorsed by Pablo Duarte and Mariano Rayo.
Duarte also argues that a letter received from the United States Senate, urging the Guatemalan government to "be careful in the analysis of Adoptions Act," was reason enough to devote more time to his study.
The sending of the document is confirmed by Lowel, but rejected an intention to delay the adoption of the standard, but rather ask that there are no obstacles for 3,772 cases of adoptions in process and on track.
NATIONAL COUNCIL
The central organ or National Council in charge of adoptions would be a body "autonomous and independent," agreed legislators, who had previously placed the future institution attached to the Social Welfare Department (SBS) of the presidency. In addition, it would allocate a specific part in the General Budget of the Nation.
At independence the Council would be led by representatives of the Attorney General's Office (PGN), the Human Rights Ombudsman (PDH), embassies and SBS.
Tomorrow Guatemala chooses its next president. The two candidates have very different visions for the country. I know everyone wants to know about where they stand on adoption but the truth is we don't know and this election is about things more important than adoption. As members of the Guatemalan community, we are all Guatemaltecos and need to be able to look at the larger picture.
Update Sunday 11:00 est - The Tribunal Supremo Electoral (the main election authority) has declared Alvaro Colom the next president of Guatemala with 52.7% of the vote and over 96% of votes counted.
As things stand, the latest poll indicates a narrow victory for Alvaro Colom of the UNE party (http://www.angus-reid.com/polls/view/guatemala_2007_colom_53_prez_molina_47/). Colom is depicted being left-of-center with a campaign focused on addressing the poverty that plagues the country. His vision for addressing the very real problems of crime and violence focuses on removing the socio-economic conditions that lead to these problems. Alvaro Colom is a successful businessman, mostly textiles, who has been in public service as well. Interestingly enough, he is also an ordained Mayan priest.
Otto Perez Molina is a retired general. He is a graduate of the School of the Americas, which you can learn about here: http://www.soaw.org/. During the civil war, he led troops in areas where a scorched earth policy was utilized. However, he was a part of the coup that removed Rios Montt from power and did represent the military in the peace accords that ended the war. Recently, stories have emerged tying him to the famous murder of Bishop Juan Gerardi in 1998. Molina’s campaign is based on the idea of a “firm hand, head and heart”. He was wants to use the military to fight the horrendous crime problem and has stated he will suspend some civil liberties in doing so.
Anyone who knows me can figure out who I hope wins this election but really my opinion is worthless. Guatemalans will decide this extremely important election.
As someone who loves Guatemala and its people dearly I hope that regardless of who ends up president that the democratic transition of power occurs peacefully. I hope for a free and fair election, free of intimidation, violence, or scandal. I hope that the results are clear and that it doesn’t come out too close because unlike what happened here with Bush vs. Gore, it could lead to violence if the result is contested.
So let’s all remember what matters most and say a prayer for the future of Guatemala.
{Submitted by Susana Luarca, ADA}
The PGN is the legal adviser for the State entities. By law, it is required to give an opinion in different kind of proceedings. Adoption is one of them. The PGN must review the legality of the process, and the more thorough the review is, the better it is, because its approval confirms that everything is according to the book. Unfortunately, the legality of the process is in the eyes of the reviewer. The PGN lawyers who review the adoption processes go out of their way to reject as many cases as possible in as long time as they can. There is no limit to the grounds of objection or to the time they can take to release the files.
The morning of October 18th, 2007 I was scheduled to be at the hearings of two children at the court of Escuintla, a city in the south of Guatemala, an hour away. Because the PGN lawyers had another hearing in a different court, that same morning, they requested and obtained from the judge a postponement of the hearings. That could mean a delay of many weeks for those cases. Since the director of the hogar where the children are did not have to travel to Escuintla with me, she took a little girl whose case has been under investigation by the PGN since February. The reason is that the girl has cerebral palsy and instead of expediting her case, so she can have better care with her adoptive family, her file was sent - without any notification to the lawyers of the case – to the Minors section of the PGN. The director of the hogar was told that she should bring along with the girl, a medical certificate of whatever is wrong with the girl. When she arrived at the PGN she was told that the lawyer should be there and that one medical certificate was not enough, that she must bring two medical certificates. The director called me to ask me my opinion. I told her to call the lawyer of the case and reschedule the review of the girl, by the “experts” of the PGN. Since the condition of the girl is very obvious and the medical was issued by Dr. Sydney Hagen, one of the doctors of the embassy I just thought that the PGN was going out of their way to be more difficult than ever. Now I think that they wanted me to be there.
A little bit later, I got another call. It was from the foster mother of an eleven month old baby girl. She told me that the grandparents of the baby were very worried because the birthmother, a 16 year old girl, was taken into a closed room at the PGN, where she was being kept for over an hour and a half. I told her to wait. Some minutes later she called me again to tell me that the parents of the birthmother were told that their daughter did not want to place her daughter for adoption and that both, daughter and granddaughter were being taken to the court of minors. I went to the PGN and talked there to a man and a woman who told me that they had orders to take both minors to the judge. I asked them who gave that order. They did not tell me. I told them that they had that backwards. That they had to denounce and prove to the judge that the underage mother did not want to relinquish her daughter and only if the judge decided that the placement of both of them outside of the family home was in their best interest, and a court order was issued, birth mother and baby could be separated from their relatives. Meanwhile, they had to respect the parental rights of the parents of the under age mother.
With the parents of the birthmother, we went to the office where she was being kept. We found her sitting at the office of a psychologist, who was cutting with scissors the pictures of the teenager with the baby sitting on her lap. When I told her that the parents of the birthmother demanded that she went with them, she waived the hand with the scissors barely an inch from my face. I told her to be careful with those scissors, but she denied having done anything wrong. The girl raised and walked out with her parents, her sister, the foster mother holding the baby, the foster mother’s husband, and a lady friend, towards the entrance. The birth mother and her mother walked out of the building, when the two armed guards of the National Civil Police closed the glass doors and did not let the rest of us to get out. Behind us was the psychologist, waving a two page document, saying that the birthmother did not sign it, and to bring her back. The birthmother and her mother ran away. We were told that we had to call the birth mother to come back to sign that document or we would not be released. I argued that they did not have any right to hold us hostages, that it was kidnapping and that I demanded to talk to whoever gave that order. Since Josefina Arellano is no longer there, I asked to talk to a lawyer named Victor Hugo Mejicanos, who is a lot nicer than her, but I was told that he was not in. Using my cell phone I called a couple of lawyers to let them know that we were kidnapped. Then, I tried to take pictures of our captors with my cell phone but they would hide their faces. Then, a man with a video camera came to film us, so I took his picture and told him to let us out. He also hid his face behind the camera. More than half an hour passed and nobody was taking responsibility of the order to kidnap us. The man continued to film us. I expressly state that I did not insult anybody, that I did not attack verbally or physically anybody and that we were kept prisoners by two armed guards. If I would have done something improper, the PGN would have a video of the whole event to prove it. The people unrelated to the event, who wanted to get out were allowed to leave through another door, because we were the only ones trapped between the glass doors that are normally open and then were locked by one of the guards and the doors that only open with an electronic card that communicate the foyer with the lobby of the PGN building. The time was passing and I decided to try to escape by breaking the lower glass of the door. I did so, with a kick. Then I removed the larger pieces of glass that were still in the frame and got away. When I was free, I realized that my leg was wet. I pulled up the pant I was wearing and found that my right leg was sliced very deeply in a couple places and that several spurts of blood were coming out of it. I begged for help, but nobody came to help me. With my cell phone I called my nephew who is a doctor, telling him to come right away and feeling fainting, I was very grateful when the foster mother brought me a chair to sit on. I made myself a tourniquet with an elastic band that I had in my wrist to help me with a carpal tunnel pain that I have been suffering and then, the firefighters that the foster mother called arrived and did a better tourniquet. While I was being cared for by the paramedics, Mario Gordillo, the Attorney General, and about ten or fifteen men in suites were watching the scene from afar. I asked the AG to get closer and when he did, I asked if he knew that we were being kept hostages. The AG pointing a finger at me, told me that he knew who I was, that I was behind all the problems with the adoptions and that I had it coming. I told him that it was the other way around, that it was him who was creating the problems in order to sell solutions, corrupting the system and that I was going to take care that everybody knows what he is doing. The AG told me to tell the press about it, but did not let the press to get near me or to get a statement from me. I was taken in the ambulance to the Centro Medico Hospital, where I underwent surgery to repair the nerves, arteries, veins and the Achilles tendon that were sliced by the glass. I was fortunate that the best cardiovascular surgeon in town was already scrubbed to operate when I arrived and he and other three surgeons worked diligently for over four hours to repair the damage. I stayed at the hospital until Monday. I appreciate very much the many demonstrations of affection that I received.
At the PGN, when the foster mother went to help me, she gave the baby to her husband. One of the guards snatched the child from the foster dad’s arms. After I was taken away in the ambulance, the foster parents were detained and taken to the court, for their arrest hearing. They called their lawyer and since there was no evidence of any wrongdoing, they were allowed to leave, after many hours of captivity by sheer abuse of power of the authorities who are supposedly there to defend us. Both are sick, because she has a heart condition and he has diabetes.
While we were kept hostages, the birthmother and her mother were waiting for the rest of their family at the corner of the PGN building when a car came out of the PGN garage and stopped near them. Two men came out of the car and tried to take the girl by force to the waiting car. Her resistance and the screams of her mother made the thugs to give up and leave. Later, at the place of some friends where they were staying, the birthmother got a call on her cell phone, from someone of the PGN, telling her that her baby needed her, that if she went back to the PGN she would be given her baby back. Without telling her parents, the birthmother went back, and they took her and the baby to a place run by Casa Alianza, where she was told that she will have to stay there until she is 18 years old and that her baby will be adopted by another family. She told that to her mother, when she called her, crying hysterically, begging her to rescue her and to finalize the adoption, telling her that she never meant to keep the baby anyway. She also said that the place is a jail and that another inmate allowed her to use her cell phone because they took away her own cell phone. I was told all of this by the family of the girl who came to the hospital to see me and bring me a balloon arrangement, wishing me to get well soon. One of the sisters of the birth mother went to the PGN to ask to see her sister. A female lawyer told her that it was not possible, and that they were protecting her and the baby, because “Susana Luarca will kill her if she finds her”. I am piling up all the felonies that those people perpetrated and will file charges against all of them. When I asked why it was that nobody but the foster mother came to help me when I was wounded, I was told by a colleague that it was because the lawyer who runs the section of minors told everybody: “Let her bleed to death, don’t call an ambulance!”.
After reading the concerns of the posters at Guatadopt, I want to thank those of you who expressed concern for my well being. I am better than expected, on my way to recovery. To those who think that I kicked the door out of frustration, must inform you that I did not do it because I was angry or because I was upset. I would not be a lawyer if injustice would not make my blood boil in my veins. Of course I was angry but I did it because I needed to get out, in the same way that someone who is taken away against his will in a car, opens the door and gets out even if the car is going at full speed and knowing that it is dangerous. Extreme circumstances call for extreme measures.
Casa Alianza works hand in hand with UNICEF and with the PGN to advance their common agenda against adoptions. Some days ago I was waiting for a hearing at a Court of Minors when a family who was also waiting, told me their problem. The five teen age children of their alcoholic son were rebellious and keep trying to harm their ants, uncles, cousins and grandparents. They don’t want to keep them, but nobody wants them either. I asked the psychologist of the court why they were not send to Casa Alianza, she said that such institution does not take in any children, and that they just pretend to work in favor of the children, but are actually a school for juvenile delinquents. The people who run Casa Alianza, the Latin American division of Covenant House, have been more concerned in promoting their image to get donations, than in helping the children. At the hearing of the first of Casa Quivira’ children, the directors of Casa Alianza, went to the court to demand that the children were not given back to CQ, along with the directors of the hogars where the children were sent to. The judge told them that they have nothing to say about that case. Casa Alianza, whose by-laws do not mention anything regarding adoptions, and who cannot prove that they have done anything good for the children of Guatemala, is actually a money making industry who cares nothing for the children they claim to help and who would not stop at anything to further their agenda. They knew the sexual orientation of Bruce Harris and what he was doing to the children, but chose to remain silent because he was a good fundraiser. When Bruce Harris accused me of doing illegal adoptions, I sued him for defamation and he had seven long years to prove that I did something wrong. He could not. He had to recruit the help of the international community, to play martyr and change the defamation charges into a “freedom of speech” issue, which is like starting with a soccer game and ending up with a bull fight. The unconditional support of the US ambassador who went to the trial and made very clear his sympathy for the accused, by greeting Bruce Harris with very warm handshake, and turning his back to me, is a stark contrast of the lack of support from the current US ambassador that the CQ families are getting at the hearings of the children that were stolen from their home. The families of those children are US citizens and Bruce Harris is British (born somewhere in Scotland), so the presence of the US ambassador would be more justified at the CQ hearings than it was at Harris’. Casa Alianza is pure evil and the only reason they care about adoptions is because each child that is adopted is one child of the street less, which in turn, means less donations. Another source of income of Casa Alianza is to sue Guatemala before the international courts, for the wrongful deaths of street children.
The anonymous children who have no one to care for them, are duly identified by Casa Alianza, their grieving relatives are efficiently located and lawsuits are filed to get millions for the loss of their beloved ones. One cannot help but to wonder why the children of the street are so quickly identified and their relatives located, and if their deaths are also part of the plan to extract from the Guatemalan government those millionaire indemnifications.
Instead of showing the good that Casa Alianza does, their way of justifying their existence is to point fingers. The case of the son (singular, because the other boy is not his) of Gustavo Tovar is a clear example of the incredible way that Casa Alianza has to twist everything around. Gustavo Tovar abandoned his son with the boy’s mother, who used to leave him all day when he was seven years old, caring for his toddler brother. The older boy had to feed and change the diapers of the little one. The Court of Minors took the children to a hogar because they were left alone all day long and mistreated during the night, by their not loving mother, After a legal battle of the birth mother who could not prove that she could care for them and under the testimony of the older child who told with details the life he lived with such a mother, two judges ruled the children abandoned and ordered the boys to be placed for adoption. Two different families adopted them. The PGN opposed the adoptions and a judge approved them. The boys went to the US a year and a half after they were rescued. Six months later, Casa Alianza located in Mexico Gustavo Tobar and since then, has been using him to attack adoptions. When he went to the newspapers and started accusing me of taking away his son, I brought charges against him. Facing the possibility of spending some time in jail for his false accusations, he recanted and therefore, I have in writing his statement saying that there was nothing illegal about the adoption of his son, who was mistreated by the boy’s mother, apologizing to me and promising not to mention my name with regard to her son’s adoption ever again. But Casa Alianza needs a battle cry and that is why it brought the case to an international court of human rights, knowing very well that the boy will be an adult by the time the case is ruled, but Gustavo will get a nice allowance, which he will share with Casa Alianza as a token of appreciation. It is interesting that the Guatemalan adoption system is distrusted because it lacks “judicial oversight”, but when it has it, like in Tovar’s case, Casa Alianza denounces how bad the system is.
I hope that none of you would be kidnapped. It is the most insulting way of denying your human rights. Some said that I should have waited until the solution came by itself. My father was kidnapped and murdered. I was not going to wait to see what the thugs of the PGN were going to do to us, including the baby. I will press charges against them and if anything happens to me or to my family, Mario Grodillo, Victor Hugo Barrios and especially the lawyer who wanted me to bleed to death will have to answer for it.
God bless you and thanks for your concern,
Susana Luarca
I'm sorry it has taken so long to get this onto the site, though it has been on our forums for some time adn you can read there what one poster got directly from Susana..
Because we are having so many new threads starting all the time, I am trying to keep them short on the home page and posting most stuff in the extended entry that you get when you click on more. That keeps the homepage much cleaner and easier to get into what you are looking for.
As has been reported in Prensa Libre, Susana Luarca got into a spat at PGN. At the bottom of this thread you can find a translation of the story that was posted in our comments (thanks Steve).
First off, Susana did sustain some serious injuries in this incident and from what we hear she is recovering well. We of course wish her all the best and a speedy recovery.
Susana has for a long time been an incredibly strong force for Guatemalan adoptions. As I have written before, all of us who were caught in the Hague in 2003 owe her a huge debt of gratitude. Susana is a fighter with amazing courage and perseverance. It looks like this time that passion didn't turn out as well.
From what we have heard, a minor birthmom was being questioned privately by PGN. Out of that interrogation, she stated that she wanted the child back. Of course, no one has a tape recording to see if the questioning was fair or if the birthmother was pushed. Her parents were adament that the adoption must move forward as neither they nor their daughter can provide for the child. The child was taken away from the foster mother when Susana was called. She arrived and, believing the birthmom had been harrassed, attempted to leave with her. Susana was then locked in a room and kicked the door, which was made of glass and cut some serious veins in her foot.
I am sure Susana will post herself once she is able and I have not spoken to her personally. So I apologize if anything is incorrect.
It is so sad to see things coming to all of this in such a sacred institution. I personally find it impossible to fathom that this would have occured if Susana believed this birthmom did not wish for the adoption to proceed. But if Susana believed the birthmother was pressured, I can see how things got out of hand. Bad things can happen when adult tensions rise and I am sure this is a case of that.
Prensa Libre Story
During an audience in the headquarters of the attorney general's office of the Nation (PGN), this institution denounced the lawyer Susana Luarca Saracho, of having tried to subtract in an illegal way a girl of 11 months.
The complaint was presented yesterday in the Public Department (MP), to investigate the crime of “subtraction” of children and to have caused damages in a public building, reported Mario Gordillo (PGN).
This past Thursday, Luarca arrived at the PGN in the company of Telma Aracely Rabanic, who would deliver in adoption her daughter, Ana María, of 11 months.
Before signing the documents, Rabanic expressed that her parents were obliging her to relinquish her baby, because they had received money from the lawyer Luarca.
When she saw that Rabanic would not deliver her daughter, Luarca lost control and attacked verbally and physically the personnel of that institution; and even broke a glass door, injuring her right foot.
The parents of Rabanic, immediately took the arm of their daughter and fled, while the baby remained in the care of the social workers of that institution.
Hours later, Rabanic communicated with authorities of the PGN, and requested protection for her and her daughter, saying that her parents had abandoned her. The two were sent to Casa Alianza.
Gordillo commented that it is not the first incident in which Luarca was a protagonist in that institution.
Durante una audiencia en la sede de la Procuraduría General de la Nación (PGN), esta institución denunció a la abogada Susana Luarca Saracho, por haber intentado sustraer de manera ilegal a una niña de 11 meses.
La queja fue planteada ayer en el Ministerio Público (MP), para que investigue a esa abogada por el delito de sustracción de menores y por haber causado daños en un edificio público, informó el procurador Mario Gordillo.
El jueves recién pasado, Luarca llegó a la PGN en compañía de Telma Aracely Rabanic, quien entregaría en adopción a su hija Ana María, de 11 meses.
Antes de firmar los documentos, Rabanic expresó que sus padres la estaban obligando a entregar a su bebé, porque ellos habían recibido dinero de parte de la abogada Luarca.
Al observar que Rabanic no entregaría a su hija, Luarca perdió el control y agredió verbal y físicamente al personal de esa institución; incluso, quebró una puerta de vidrio, lo cual le causó una herida en el pie derecho.
Los padres de Rabanic, inmediatamente, tomaron del brazo a su hija y huyeron, mientras que la bebé quedó al cuidado de las trabajadoras sociales de aquella institución.
Horas más tarde, Rabanic se comunicó con autoridades de la PGN, y les solicitó protección para ella y su hija, pues dijo que sus padres la habían abandonado. Las dos fueron enviadas a un hogar de Casa Alianza.
Gordillo comentó que no es el primer incidente que Luarca protagoniza en esa institución.
President Berger publicly confirmed the intent to grandfather current cases (I assume this means the 3700 cases that are REGISTERED). The Guatemalan press reported this with a statement by Berger:
"I have never said that I want to stop adoptions. What my government wants is full respect for the legislation that is about to be approved and full compliance with the Hague (Convention)" . The Guatemalan Press also reported the following:
Congressman Rolando Morales, one of the proponents of the new legislation, said that the intention with the pending adoptions is a full review to verify the identity of the woman that is relinquishing the rights on the child, that she is the natural mother, and that the child is given for adoption without coercion, and verify that the child was not abducted (stolen babies). Morales also mentioned that the final version of the new Adoption Law which will be published in the following weeks will not affect the almost 3,700 processes in the pipeline.
These changes (even if they delay the process a few days) are in the best interest of everyone in the process, specifically our main concern, the children.
From Guatadopt:
As we have said before, we believe that the instability of the situation and the new law (where the ammendments are still unclear), prompted the Department of State (US) to issue strong warnings.
From our discussions with Guatemalan officials, we are reassured that they are supporting the good faith agreements made with adoptive families.
While legally this is good news, we hold fast that starting the process at this time is risky. In our opinion, there is an increase in unethical practices in order to get an adoption started and "grandfathered". Obviously, these are limited to the unscrupulous providers that have soured adoptions worldwide. We do not know to what extent that further investigations will impact the timelines. While we support the need for these investigations, we hope that the implementation will be appropriate and reasonable.
As a side note: The Guatemalan Embassy has been bombarded with calls and emails. Guatadopt.com would like to request that you ease up a bit. They need to do their jobs as well.
We will update as we know more.
OK, Kevin and I just returned from the Adoption Ethics and Accountability Conference. It was wonderful to meet several of our posters and to have a chance to get face to face discussions with everyone from UNICEF Guatemala to CQ parents to social workers who have been doing Guatemala home studies. I can't speak for Kevin, but I am BEAT! Kevin and I will be posting a pretty thorough review (each of our perspectives) on the Conference, where we go from here and some ideas that were spawned during the conference.
I also apologize for the calendar pre-ordering delays. We have been trying to get the secure site working properly, but getting some tech assistance after-hours has been impossible. Not to worry, we will be extending the pre-ordering as long as we can but we have no choice but to make it short since we have to place the order soon to make our Christmas goal!!!!
Most of this is old news, already posted in comments on other threads.
So here it is.
1.) DHS CIS has issued a new statement
2.) Will or has Pres. Berger endorsed a grandfather ammendment?
Read on...
New DHS CIS statement:
You can read it here: Download file
So what does this mean? I take it this way. The first paragraph is a stearn warning to agnecies that life will be tough if they keep giving out referals. The second is an equally stearn warning to PAPs not to accept a referal.
CIS is quite upfront about the fact that they are doing this to limit the number of new cases. So far as I know, and please someone correct me if I'm wrong, they already only allow 40 per day. The difference now is that they have to come from 40 different attorneys and be presented by forty, rather than potentially as few as ten, people.
This "initial application" described is what we all know as getting the first DNA test approval.
The statement at the end says to me that after Jan. 1, to get Pink you will PGN (ie the Central Authority) to approve the case. This would be different (or a new part of) PGN releasing the case as is done today. This would be consistent with the wording of the grandfather which says that all cases would still need to be presented to the Central Authority within 30 days. So... Don't anyone expect to be bringing children home at the very beginning of January if what I am reading here is correct. It seems inevitable that it will take some time for these approvals.
Berger Endorsement?
Rumors abound from a number of good sources that Pres. Berger will come out in favor of a grandfather clause. Kudos to him if he does because anything else would just not be fair to the children. Realize that Pres. Berger doesn't have any official say in this matter. The ammendments will be voted on by the Congress.
On the same note, JCICS reports that they are in direct communication with Pres. Berger's office about the current situation. So, it all seems to add up. And with all sincerity, especially after the statements made by VP Stein, I thank Pres. Berger for (potentially) looking beyond hardline positions on this matter and focusing on children who need families no matter what Guatemala's system has been.
JCICS will say more Monday...
On the topic of Monday, please bear with us next week. Kelly and I will be at the ethics in adoption conference and thus away from computers. So if it takes a bit longer than usual to clear comments, deal with it :-)
UPDATE OCT 8: JCICS has on its website posted the exact wording of the grandfather clause ammendment. They have also shown a modification to UNICEF's formal position, though I think it is still quite week. Come on UNICEF, I know it hurts but why not just come out with everyone else and admit that in-process cases should be completed! Lastly, they have made some modifications to the Guatemala5000 campaign. http://www.jcics.org/Guatemala5000.htm#News
Latest and Greatest:
1.) JCICS is reporting that the Hague permanent bureau is supporting allowing in-process to continue. This is excellent news for in-process families!
2.) The Guatemalan papers are reporting about amendments being offered to the bill and that the executive branch is not happy that the bill will undergo so many changes. The UNE party seems to be the one most supporting significant changes, or at least they are the ones saying that the bill in its current form has many issues.
3.) It does not appear as though the amendments will be voted on before the Nov 4th election. We are hearing it will be on Nov 14th. All parties in Guatemala seem to be agreeing that they must not allow the adoption law to become a campaign issue.
We are getting numerous reports from congress people and others that all the campaigns are being noticed. So keep up the good work!
Here seem to be the primary/active campaign underway.
Focus On Adoption petition: http://www.petitiononline.com/foafoa1/petition.html
Families Without Borders: http://www.familieswithoutborders.com/#updates Note Oct 6: Families Without Borders has updated its site and materials to reflect that Ortega has been passed.
JCICS Guatemala 5000: http://www.jcics.org/Guatemala5000.htm
Casa Quivira Video with Plea: http://www.youtube.com/watch?v=Wv9hbp_hwQU
5000Orphans Site - lots of great help with contact info, media contactc, etc. : http://www.5000orphans.com/
Guatadopt has just learned that the Ortega Law was approved by Congress today on its third reading. Before you panic, it appears as though next week congress will go through a detailed, point by point, reading of it where ammendments can be made. It is our understanding that among proposed ammendments are a gradnfather clause as well as a delayed implementation date.
I have a lot to write on this matter and willl try to do so tonight when my temper is lessened and I have an ice cold Gallo in my hand.
The ADA has explained the events of today on its website and can be found here: http://www.adaguatemala.org/English/news/
Updated Oct 3, 11:22 pm - click on more for some commentary from me and a call to action from Hannah Wallace, President of Focus on Adoption
Updated Oct 4: The Focus on Adoption petition is up to almost 25,000 signatures. Please get everyone you can to add their name: PETITION
I have so many thoughts in my head, yet the exact words don’t seem to come to mind. In part, I am in a state of shock. In part, I am angry. In part, I sadly understand.
I chose to do a rare thing here by posting a picture of my kids. I felt compelled to do so because ultimately this is not about geography, this is not about nationalism, this is not about politics, this is about children. And my kids, like the children of so many of you who will read this, are the face of intercountry adoption from Guatemala.
In reading my thoughts below, understand clearly that I do not support the Ortega Law. Moreso, I do not support the others like it that have brought an end to intercountry adoption in countries like El Salvador, Honduras, and Peru without any documented benefit to children and families. Maybe somehow Guatemala will break the mold and manage to implement a functioning system? While I’m not optimistic, I suppose anything is possible.
I respect the fact that each sovereign country can make its own decisions based on its constitution. We shall soon see what amendments are added to this bill and the form it ultimately takes. And as in 2003, we shall likely see a battle of constitutionality ensue. That’s okay, just as America has to solve its constitutional woes, so must Guatemala.
My main thought right now is really an attempt at being a voice of reason in regard to pipeline cases. I ask anyone reading this to glance at the picture of my beautiful children and realize that there are thousands of living children like them in need of families. And there are families wishing for nothing more than to provide that to those children.
There is no good that come from any suspension of in process cases. Not because of the waiting parents who may never raise a child. Not because of the money that has been injected into the Guatemalan economy. Not because it would be inconsistent with international law and The Hague. But because the victims will be the children
Even if children entered the system over some of the negative auspices often claimed, if their birthmothers relinquished them then they still need families.
It is without disrespect when I state that Guatemala is not prepared to take on responsibility for the care of these children. Building any system and infrastructure takes time. And it is a truth that there are not thousands of Guatemalan families looking to adopt these children.
So with that in mind I respectfully request the Guatemalan Congress to approve amendments to this bill to ensure these children are not penalized for all that has transpired in Guatemalan adoptions. I more forcefully and with an emotion that some might deem disrespect ask that the US Congress, the Department of State, and the Congressional Coalition on Adoption Institute work with the Guatemalan authorities to the same end.
Posted on behalf of Hannah Wallace:
The JCICS initiative called for actions next week. Next week is TOO LATE. Our information about the Ortega Law in Congress was incomplete and we believed that the Adoption Law would not be voted on before the run off on November 4. Now there are TWO THINGS which must be done immediately:
ALL adoptive families in process and their supporters must be notified to contact their congressional representatives on Thursday and Friday (by email, faxed letters and telephone calls) and ask them to urge the Department of State to assure that a grandfather clause is in place which allows every adoption to be completed under the law it started under.
At the same time, Senators and Congressional Reps should be aware that our Department of State has urged the Guatemalan Congress to pass an adoption law which offers no plan for (1) funding adequately (2) child care (3) services to pregnant women and vulnerable children and that the Guatemalan Congress will be discussing amendments on Tuesday Oct.9 -- the DOS should encourage - with the same energy with which they encouraged the passage of this law -- amendments which include a realistic funding plan, child care plan, and prenatal, natal and postnatal services as well as a realistic way for existing child care facilities to be able to care for the children in their care (funding).
Families should call and fax the Department of State directly to urge support for amendments which could make this law more functional, as well as advocate for a grandfather clause and a delayed date for the law taking effect, so that fewer children will be at risk.
There is much going on, though not new news. So please click on more to get the latest and greatest as we see it.
CNN’s Anderson Cooper 360 will be airing a segment on Guatemalan adoption tonight. I am very disappointed that they did not contact Guatadopt in order to get an unbiased, objective assessment. The show airs at 10 p.m. est.
We have learned that Josefina Arellano is no longer in her post at PGN. No news on what that means.
Other rumors – no, adoptions were not suspended. Agencies – read things more clearly! We don’t know if Barrios is on vacation. The process seems to be running in its usual slow pace.
Many of you have asked for info on where our old UNICEF halloween camapign are. You can find them here: http://www.guatadopt.com/archives/000228.html
As previously reported, the DOS has said they are lobbying for in process cases. The Guatemalan congress website shows that Consul General John Lowell met with Guatemalan officials on Sept 28. in regard to adoption law: http://www.congreso.gob.gt/gt/ver_noticia.asp?id=4266
As I have stated since DOS made its original announcement, even the pessimistic, anti-authoritarian Kevin can’t imagine either the Guatemalan authorities or DOS officials sitting by and allowing so many children to suffer by suspending in-process adoptions. So please, don’