Agency info on Hague

One of the agencies I contacted for an informational packet sent an email with info for prospective clients. I am not sharing the agency name; I will use AGENCY to refer to the organization.

If I wanted to use AGENCY, I would be required to read and sign a statement. I'm cutting/pasting information from the email and then the actual document itself.

Here's the email:

As Hague proceeds within Guatemala, there are numerous questions and concerns as to what will happen and how, as an adoptive family, you will be affected. It is true that Hague is moving forward and has strict adoption policies that the Guatemalan government must adhere to in order to proceed with adoptions. Currently the United States is on track to be fully implemented into the Hague accreditation process by March 31st, 2007.

Up until this date, the USCIS is allowing I-600a applications to be processed for immigrant visas for Guatemalan adoptions. This approval is valid for 18 months from the date of issuance. After March 31st, the USCIS will no longer accept I-600a applications for Guatemala until the country complies with the Hague treaty.

AGENCY is currently going through the accreditation process for Hague in the U.S. and at this time are happy to announce we have completed our site visit. We are confident that our initiative in seeking this accreditation early on will benefit our adoptive families. As we seek our Hague accreditation in the US, AGENCY has found that we are already practicing Hague guidelines in both our U.S. offices and also at ORPHANAGE in Guatemala.

AGENCY holds your concerns about the Hague Treaty in Guatemala to heart. We would like to update you with current information as you consider starting an adoption with Guatemala or as you continue with the rest of your adoption journey. Attached is a brief history of The Hague in Guatemala in case you are not already aware, and why our agency is continuing to accept clients while the Department of State is advising many agencies and adoptive parents against this.

As an agency we are in support of The Hague Treaty guidelines and hope they will be enforced to eliminate horrible circumstances for children, birth mothers, and adoptive parents that get caught in controversial adoptions.

As you read the attached document, it is important to note that AGENCY can not guarantee outcomes of adoptions through Guatemala. This is why we are providing all information that we are aware of and directing you to governing sources mentioned in this document for you to make an informed decision.

Please take time to review the following. http://www.travel.state.gov/pdf/Prospective_Adoptive_Parents_Guide.pdf

This guide is offered to you from the United States Department of State, Bureau of Consular Affairs.
http://travel.state.gov/family/adoption/convention/convention_462.html

This will provide you an overview that is not agency specific and therefore offers you insight regardless of which agency you are speaking with or what country you are considering.

If you desire to still proceed with a Guatemala adoption we will need the attached document [AGENCY Guatemala Adoption Memo of Understanding] signed and returned to our office along with the application.

We desire to continue supporting you in your adoption process, answering your questions and directing you to appropriate resources to ensure the information you receive is accurate and helpful. Please continue to ask for what you need in light of this information and resources so that you may feel confident as you make decisions which may lead to bringing your child home.

Here's the information from the AGENCY Guatemala Adoption Memo of Understanding:

History on Guatemala and Hague
To give you some history on Hague and Guatemala, four years ago Guatemala signed The Hague Treaty without any forewarning and the very next day they did stop all new adoptions. All families placed with children proceeded under the current adoption law as the Guatemalan Congress began looking at new adoption laws and procedures which would be Hague compliant.

After six months of working on a new law (and almost done with a new adoption procedure), Guatemalan lawyers appealed to the Supreme Court stating that the Hague was implemented illegally based on the Guatemalan law. The Supreme Court ruled that Guatemala’s implementation into Hague was not done legally and thus the old adoption law/procedures were reinstated immediately.

Guatemala Today on Hague
At this time, Guatemala has not proceeded to making any immediate changes to their current adoption law. The Guatemalan Congress has “legally” reaffirmed the Hague Convention with an effective date of January 1, 2008.

Reaffirming The Hague means that on January 1st the President of Guatemala can sign the law that was passed by congress that authorizes him enter into the convention. This does not mean that the Hague Convention takes effect in Guatemala on January 1, 2008. Once signed the Hague Convention states that it will become effective the first day of the next month after a three month period from the accession. That is to say, if the convention is acceded January 1st, it will become effective May 1, 2008 and by this date (unless legislation is put forth asking for an extension), Guatemala must have a Hague Compliant adoption process.

Currently the Guatemalan Congress has two proposals before them. Bill #3217, known as the Ortega Law is the law approved by Unicef and the Executive Branch of Guatemala’s government, and gives the government greater control of the adoption process. The second Bill is #3635 which was developed more recently by Congressional advisers and maintains a balance of private accredited services with government oversight.

It is unclear as to whether or not Guatemala will proactively be able to pass a law before the affirmation into Hague on January 1st or if a law will not be agreed upon until Guatemala’s actual accession into Hague on May 1st.

It is important to note that Guatemala does not have a child welfare system in place at this time and therefore the government does rely heavily on the private institutions to care for the country’s children that will never be adopted (foster children). In 2003 many private orphanages were threatening the government to personally place foster children on the courts doorsteps unless the government provided monetary help immediately.

Due to the fact that the government relies so heavily on private institutions to care for their foster children, a long closure on adoptions would put the social welfare system in a crisis since adoptions bring money into institutions that care for all the kids children. Our agency’s orphan care fee ($5,000 tax deductible donation) as part of your adoption expenses, is a direct example of the humanitarian aid that agencies bring to Guatemala caring for those children who are left behind or will never be eligible for adoption.

AGENCY can provide opinions and recommendations regarding The Hague Convention and adoption related issues, but in no way, is AGENCY providing any promises or guarantees of timeframes or overall outcomes of your adoption process.


Guatemala Adoption Memo of Understanding
The Risks of a Guatemalan Adoption

1. I have read the U.S. Department of State’s March 14, 2007, posting called “Frequently Asked Questions: Prospective Adoptive Parents of Guatemalan Children” fully, and I/We understand the Department of State’s concern regarding adoptions from Guatemala.
2. I have read and understand the AGENCY Hague Treaty message.
3. I understand that AGENCY does not offer or guarantee a firm timeframe in which an adoption case can be completed in Guatemala.
4. I understand that there is a possible legislation that could slow down or stop adoptions in Guatemala. AGENCY cannot predict the length of time of a suspension or closure in Guatemala.
5. I understand that country fees paid for an adoption are non-refundable. Some fees paid for AGENCY services can be transferred to another program based upon country requirements and my family’s qualifications. The fees transferred are all but orphan care fees. If transferred monies are more than country fees, those fees are non-refundable. Otherwise, fees are non-refundable.
6. I understand that this signed statement does not replace any contracts or addendums previously signed.
7. I understand that change happens, especially in International Adoption, and I do not hold AGENCY responsible for any changes in my status of adoption with Guatemala. AGENCY agrees to inform me within a reasonable timeframe of any changes within Guatemala or my case.
8. I understand that the I-600A application fee is non-refundable. If I change country programs after filing an I-600A, I must file an I-824 with CIS (along with a processing fee) in order to change country programs.
9. I understand that the expenses involved in completing a dossier are mine to incur and if any country program changes are made, all costs incurred regarding this change is my responsibility.
10. I understand that AGENCY cannot guarantee an adoption will be completed prior to a Hague closure. AGENCY is not to be held responsible for any wait times due to country closures while in the process of your adoption.
11. I understand that if I am unable to complete the adoption due to the suspension or closure of adoptions between the U.S. and Guatemala, I will not be refunded any monies from overseas or AGENCY. However, if there is another program that fits my needs and qualifications through AGENCY, then monies can be transferred to that program. However, I understand that I might not qualify for another program, or other programs may not be desirable at this time.

I have read the above and I acknowledge and understand the risks as discussed above. It is still my desire to move forward with a Guatemalan Adoption.

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My interpretation of what they sent:

We want to help you adopt a child in spite of all the obvious turmoil. We know that most reputable agencies aren't taking new clients now, but we'll gladly take your money without guaranteeing anything. If you like big risks, let's get started.

Of course, if my original agency had put this document in front of me in July when I wanted to start my paperwork, I would have signed it on the spot.