July 8, 2003

Joe Cuddihy

Senior Management Advisor

Office of Internal Affairs

U.S. Bureau of Citizenship and Immigration Services

Fax: (202) 514-0560

Dear Mr.Cuddihy,

We are involved in adopting a child from Guatemala. On March 19, the PGN (Central Authority) announced that any adoption cases registered (with the birthmother's consent and the family's power of attorney) after March 5, when the Hague Treaty went into effect in Guatemala, would be processed under "new rules" which remained unspecified until July 1, 2003. During this time, the attorneys and agencies were assured that they could continue to take "consents" and "make referrals" to international adoptive parents. The only "new rules" mentioned were a second birthmother interview by the Central Authority, and a possible requirement for a psychological evaluation for the adoptive parents.

However, on July 1, the PGN announced new rules that deviate greatly from the current law. These rules are currently being challenged by Constitutional attorneys in Guatemala. Aside from their deviations from the established law, which has not been changed, there are many unanswered questions, as these policies effect adoptive parents, the children, and agencies.

We are very concerned with many of these issues, which are addressed in the attached letter to the Department of State.  However, we are writing to you regarding one policy. After June 30, 2003 the BCIS in Guatemala is no longer accepting the applications for DNA testing. This, in spite the requirement of authorized DNA testing for an immigrant visa to be granted to adopted Guatemalan children. This policy is being applied to children referred between March 5 and June 30, 2003. As these changes are legally controversial, as well as being applied retroactively, we appeal to our BCIS to continue processing the DNA until the new procedures are ruled upon by the Guatemalan courts.

Sincerely,