July 8, 2003

Dear Congressperson X,

I am contacting you concerning the current instability in the processing of intercountry adoptions from Guatemala. An overview of the current situation, a summary of the issues requiring immediate clarification, and an outline of the areas where further assistance is required are set forth in the attached letter to the U.S. Department of State (DOS). I have also included a copy of a position statement in support of the legal adoption process in Guatemala prior to March 5, 2003, which currently has over 4400 signatures (found at http://www.petitiononline.com/guatpos/petition.html).

I am sending you this information to solicit your assistance in conveying the message contained herein to the proper authorities at the DOS, the Bureau of Citizenship and Immigration Services, and the Department of Homeland Security and impressing upon them the urgency of a timely resolution to this situation. Adoptions have been suspended, albeit unofficially, by the new Central Authority in Guatemala (the PGN) since March 5 – purportedly until new guidelines meeting requirements for the Hague Convention on Intercountry Adoption could be established. They refused to continue processing adoptions even for countries that are not contracting members of the Hague Convention (like the US). New guidelines have now been published, but we assert that, as a third party to the Hague Convention, adoption cases by US citizens should not be required to follow them unless they are legally enacted by the Guatemalan congress.

We specifically request that:

(1) You request that the DOS act on behalf of U.S. citizens to request that all adoption cases in which the Power of Attorney was signed prior to July 1, 2003 processed under existing Guatemalan law as enacted by the Guatemalan Congress, rather than under the new PGN requirements which are intended to implement the Hague Convention.

(2) You request that the DOS assert “third party status” in the application of the Hague Convention on Intercountry Adoption by Guatemala until the US has acceded to this treaty.

(3) You lobby the DOS and Consul General’s office in Guatemala to arrange meetings between U.S. Embassy officials, delegates from the Hague, PGN representatives, Guatemalan adoption attorneys, adoption professionals, and private hogar directors. In my estimation, these meetings should serve to facilitate communication among all concerned parties in order to develop and apply regulations and policies that are reasonable and consistent with Guatemalan law and culture, that honor the purpose of the Hague Convention, and that truly promote the best interest of Guatemalan children. The Consul General can be reached at:

Mr. Michael J. Jacobsen, Consul General

United States Embassy - Guatemala

Avenida Reforma 7-01, Zona 10

Guatemala City, Guatemala

Phone: 011+502-331-1541

Fax: 011+502-331-0564

(4) You request that the BCIS resume authorizing DNA studies of birthmothers and their children relinquished for adoption prior to July 1, 2003 in order to prevent unnecessary delays in obtaining U.S. visas for children whose adoptions have been legally completed in Guatemala and to enable them to join their forever families as soon as possible.

If you have questions about the current situation in Guatemala or my specific requests, please do not hesitate to contact me at…

Sincerely,