Corporate Address

Dear XXX Corporate Philanthropy Professional,

On any given day in Guatemala, 60 children under the age of five die as a result of poverty-related factors. This is almost eight times the child mortality rate of the United States. Another 1,500 to 5,000 children live on the streets and survive by begging, robbery, or prostitution. Yet another 25,000 to 30,000 children live in orphanages (mostly private) due to abuse, neglect, poverty, or parental abandonment. At least half of the children in Guatemala are considered to be malnourished so severely that their growth is stunted and immune systems compromised, two-thirds live in poverty, and 30% live in extreme poverty.

Each year, a relatively small number of Guatemalan children (2,219 in 2002) find homes in the United States through the legal intercountry adoption process, and fewer than 1,000 more are adopted into other countries. As we write, the future of intercountry adoption in Guatemala is being decided as politicians and government officials are pressured to implement prohibitive adoption laws aggressively promoted by UNICEF. The backdrop for this struggle is a larger debate over how to protect “the best interest of children” worldwide. UNICEF has been an active and powerful voice in this debate, placing considerable pressure on the Guatemalan government to accede to the Hague Convention on Intercountry Adoption and attempting to influence the framework and conditions under which future intercountry adoptions will proceed.

As a current corporate sponsor of UNICEF, it is critical that you fully understand the UNICEF position on adoption – including those components that ignore the current economic, social, and cultural realities of Guatemala. We acknowledge that UNICEF offers considerable assistance to children worldwide through vaccination, education, and nutrition programs, and we do not find fault with that well-intentioned mission. However, we feel that elements of the UNICEF position on intercountry adoption are misguided and threaten the welfare of the very children they claim to protect. If you agree that the UNICEF positions on intercountry adoption outlined below do not support the best interest of the children of Guatemala, then we ask that you contact UNICEF and ask them to revise these positions:

UNICEF Position 1: Every effort should be made to keep the child in his biological family and within his ethnic group. If this is not possible, adoption should preferably be by Guatemalan parents, then by foreigners residing in Guatemala, and as a last resort, by foreign parents.

Formal domestic adoption is rare in Guatemala, not because of cost but because a culture of formal adoption does not exist in that country. While Guatemalans rarely adopt formally, a system of “informal adoptions” already exists in which family members simply take over the care of relatives’ children. Other factors make intercountry adoptions more common than formal domestic adoptions – including the fact that middle to upper class Guatemalan couples reportedly prefer to adopt children with particular hair and eye color, ethnic origin, etc., while the majority of children available for adoption are of indigenous (Maya, Garifuna, or other) heritage. While we support efforts to make formal national adoption affordable and desirable, we do not support any proposal that delays a child’s eligibility for intercountry adoption while domestic options are sought. Such a system can only lead to a greater number of children languishing in temporary care environments for long periods of time. Potential adoptive parents, whether domestic or intercountry, should be the ones that wait on a list, not the children.

While we fully defend in-family adoptions, we vehemently oppose the system supported by UNICEF in which an adult birth mother would be forced to notify her extended family of her pregnancy and decision to place the child for adoption. Similarly, we do not support a mandatory waiting period to allow for family or domestic adoption. We believe each adult birthmother should have the right to decide whether family placement is a viable, legitimate option for her child. A system in which every adult birth mother is compelled by law to notify her family of her adoption plan would undoubtedly increase child abandonment and infanticide and unnecessarily delay placement of children into permanent homes.

UNICEF Position 2: Adopting parents should not reside in a country with racial discrimination.

While we acknowledge the intent behind UNICEF’s position – to protect the adopted child from prejudice – we do not believe that any country is free of racial discrimination. We cannot support such a standard as it would lead to the cessation of virtually all intercountry adoptions. Furthermore, racism and a rigid class system within Guatemala places most children born into poverty or of indigenous heritage at a distinct disadvantage within their own birthcountry.

UNICEF Position 3: The current laws established for intercountry adoptions in Guatemala do not create a transparent adoption process that provides a clear knowledge of the child’s origin.

The adoption process in Guatemala for children voluntarily relinquished by their birthmothers (described by UNICEF as “extra-judicial”) currently includes a birthmother interview and social study by a court-appointed social worker, a secure DNA study of the birthmother and potential adoptive child, four separate occasions over a period of several months that the birthmother affirms her intent to relinquish, and an investigation into the background of the prospective adoptive family. Along with a specialized attorney (the Notary), two separate Guatemalan government institutions – the Family Court and the Attorney General’s Office (PGN) – are involved in this process, along with the United States Embassy and Bureau of Citizenship and Immigration Services. The Notarial Process, sometimes referred to as the "extra-judicial" process because it is finalized before a Notary rather than a Judge, was established in the Guatemalan Constitution as a way to deal with non-litigious matters and is in fact a part of the judicial system. The Notary is held to the same legal standards and consequences as a judge. The current system is relatively efficient and effectively reveals any misrepresentations of the child’s origins. Consider that less than 0.6% of US adoption cases have been denied due to “negative” DNA matches since 1998.

It is unclear what changes UNICEF would propose to make the system more effective at preventing fraud than the current “extra-judicial” system. Systems which place great power in the hands of judges are typically prone to corruption, incorporate less accountability, and generate greater delays in permanently placing children. The one component of reform UNICEF clearly supports is centralization of adoption procedures by the government. However, in countries that have implemented a “central authority” to regulate adoptions without sufficient economic and infrastructure support, the effects on the welfare of children has been devastating. In most cases, intercountry adoptions have virtually come to an end and alternate systems remain nonexistent or are ineffective at caring for the children. Ms. Gladys Acosta, the UNICEF representative to Guatemala, has responded to concerns raised about inadequate alternate support systems by stating, “To take care of the unwanted children is not the concern of UNICEF, but of the local government. UNICEF only has to take care that Guatemala passes laws that the international community expects, to fulfill the international treaties that Guatemala has accepted to become a party” (S. Luarca, May 15, 2003 [sumarilu@yahoo.com], available at: http://www.guatadopt.com/archives/cat_asociacion_defensores_de_la_adopcion_updates.html). Guatemala currently does not have any significant program in place to assist the poorest families. In 2000, public spending on social protection (assistance and insurance) was 1.8% of the GDP, while it is estimated that 8.4% is the minimum annual cost of eradicating the poverty gap, and most of the recipients were in the wealthier urban areas rather than the poor rural regions of Guatemala (World Bank, 2001).

UNICEF Position 4: International adoption should be reformed because it has become a profit-making enterprise that has led to the commercialization of children.

A great deal of UNICEF’s agenda focuses on economic aspects of intercountry adoption. UNICEF has been critical of the fees paid to attorneys to process adoptions, arguing that any economic gain leads to the commercialization of children. We believe that attorneys must remain at the center of the legal adoption process in Guatemala and that reasonable fees should be paid to these specialized professionals. It is not the child that is being marketed, but rather the services provided by the attorney, Notary, foster family (or private children’s home), translators, and medical professionals. A detailed description of the fees involved in Guatemalan adoption is included in the informational packet sent under separate cover.

UNICEF Position 5: All private relinquishment adoptions should be suspended so as to favor the large number of older, institutionalized children.

We cannot favor any proposal that pits one child’s best interest against that of another. We do not support the elimination of relinquishment adoptions as a means of encouraging adoptions of certain other children. Instead, we support initiatives that reform the public adoption process while maintaining proper safeguards. UNICEF has suggested that the “popularity” of private adoptions among biological parents is evidence that child trafficking is taking place. However, after reviewing 90 randomly selected cases in 1999 as part of a UNICEF-sponsored study by ILPEC, not a single case in which a biological parent was forced or paid to relinquish her child was identified. In fact, the popularity of direct relinquishment adoption likely reflects a birthmother’s desire to avoid placing her child in an orphanage.

UNICEF Position 6: Children should not be relinquished for adoption due to poverty.

We agree that a main goal for humanitarian aid should be the elimination of poverty, so that every family has sufficient resources to raise all of the children born into it with a reasonable level of nutrition, medical care, shelter, etc. However, this is simply not the reality in developing nations such as Guatemala. Unfortunately, extreme poverty is a fact of life for 30% of the population and there are few, if any, government programs to assist these families. Even private humanitarian aid is only effective at reaching a small minority of needy individuals. Therefore, until there is adequate support for desperately poor families, the reality is that poverty will continue to be a major reason for birthmothers to make adoption plans for their children.

The Unfortunate Impact of UNICEF Policies on Guatemalan Adoptions

Guatemala is now in the aftermath of a six-month long unofficial suspension of intercountry adoptions. The government’s attempts at implementing UNICEF-supported adoption “reform” during this period involved violations of existing internal laws and constitutional protections. The ability of birthmothers to make adoption plans for their children and private foster care arrangements through private attorneys for children in the adoption process were eliminated as part of this attempted “reform”. At the same time, the Guatemalan government made no provision to fund childcare in orphanages, nor to assist birthmothers with either childcare or adoption plans.

UNICEF was instrumental in the recent suspension of intercountry adoptions from Guatemala. The Constitutional Court of Guatemala has provided a reprieve by finding the accession to the Hague Convention on Intercountry Adoption to be unconstitutional, and therefore void. However, UNICEF continues to aggressively lobby the Guatemalan Congress to pass extremely restrictive adoption laws that, if implemented, will likely have disastrous consequences on the health and well-being of thousands of needy children and their birthmothers.

Your Support Is Needed

We believe your organization has chosen to support UNICEF because of the dedication your company and its employees have to the well-being of children. However, we assert that UNICEF’s continued funding and support of anti-adoption efforts reflects extremely poor judgment regarding the allocation of limited financial resources. Although we are most knowledgeable about intercountry adoptions in Guatemala, the situation is not isolated to that country. The lobbying of UNICEF has successfully disrupted adoptions in India, Romania, El Salvador, Honduras, and many other countries. For instance, a recent UNICEF report has proposed a ban on relinquishments and a national moratorium on intercountry adoption in India. The impact of this report has caused unnecessary suspicions of all adoptions and has had a negative humanitarian effect on the children.

Currently more than 6,000 people have signed a position statement that supports intercountry adoptions from Guatemala and rejects the misguided anti-adoption position taken by UNICEF (available at: www.petitiononline.com/guatpos/petition.html). A copy of that position statement and other educational materials will be sent shortly in a separate information package prepared by Families Without Borders. Families Without Borders is an informal coalition of adoptive parents and prospective adoptive parents that supports intercountry adoptions from Guatemala and elsewhere, and opposes UNICEF’s efforts to curtail, intercountry adoption. We ask that you carefully consider the information and positions in this letter and the forthcoming packet and evaluate whether UNICEF’s philosophy and actions regarding intercountry adoption are those that you would wish to have associated with your company’s name and reputation. If you agree that UNICEF’s positions on intercountry adoption do not support the best interest of the children of Guatemala AND that your donations to UNICEF would be better served on vaccination, education and nutrition programs, then we ask that you contact UNICEF and ask them to reconsider these positions and to re-allocate resources to humanitarian programs, or that you consider shifting your corporate sponsorship to a humanitarian organization that better represents the mission of your company.

We appreciate your consideration of this matter and look forward to your a response. If you would like more information about adoptions in Guatemala please check the web site www.guatadopt.com, or feel free to contact me directly at ********.