Tuesday, September 25, 2007

Latest DOS statement and ADA response

State Department just released this statement:
WARNING: The U.S. Department of State urges American citizens not to commence an adoption process from Guatemala at this time. Fundamental changes in Guatemalan and U.S. adoption law will take effect over the next six months. These changes are likely to inject considerable uncertainty into the adoption process

Guatemala has stated that it will become a Hague Convention country on January 1, 2008. Guatemalan officials have informed us that Guatemala plans to require cases pending or filed after December 31, 2007 to meet Hague standards, even if the adoption procedures commenced before that date. They have also informed us they will not process adoptions for non-Hague member countries after December 31. We understand this to mean that Guatemala will stop processing adoptions to the United States beginning January 1, 2008, until U.S. accession to the Hague Convention takes effect. Given the average time frame for completing an adoption in Guatemala, cases started now cannot be completed before January 1, 2008.

When the Convention is in force for the United States, projected to occur in the spring of 2008, there may be a period of time during which we will not be able to approve adoptions from Guatemala, until Guatemala’s adoption process provides the protections for children and families required by the Hague Adoption Convention.

The Government of Guatemala has confirmed its commitment to the Hague Adoption Convention, and is already working to amend its adoption law to conform to Hague requirements. However, the current adoption process in Guatemala is not consistent with the Convention. Designing and instituting new procedures will take time. The U.S. Government is working closely with the Hague Permanent Bureau and other interested governments to support Guatemala’s transition to meeting its obligations under the Hague Convention.

American citizens pursuing adoptions in Guatemala are already encountering some delays in the process.
As recently as August 2007, several dozen children who were to be adopted by U.S. citizens were taken into custody by Guatemalan authorities because of alleged irregularities in the adoption process and concerns about the care of the children. A court-ordered investigation is now underway.

Several adoption service providers are under investigation in the United States, and at least one U.S. adoption facilitator faces prosecution in the United States. Under these circumstances, prospective adoptive parents face the real possibility that current, pending cases may be disrupted by legal investigations.

The Department of State strongly recommends that prospective adoptive parents defer plans to begin an adoption in Guatemala until the legal and procedural issues described above have been resolved.
I am incredibly ANGRY that the Guatemalan government continues to use Casa Quivera as an example of a potentially illegal operation that was not caring for its children. The children at CQ were not hospitalized until 2 weeks after the government took over their care. It was the government who did not care for those children.

Again, I will say that any agency or hogar (including CQ) that is unethical should be shut down. However, the comments being heard in Guatemala is that CQ was targeted because they allowed homosexuals to adopt.

Okay, I've got to get over this somehow. This is a closed door. It's a closed door for months if not longer.

UPDATE: ADA is attempting adoption reform within Guatemala that maintains the good things from the current system (including singles being able to adopt) while correcting the bad things. Here's their response to yesterday's DOS warning: http://www.adaguatemala.org/English/news/

5 comments:

Kelley said...

I know it is frustrating. We discussed going for baby # 2 from Guatemala ( I still feel compelled to adopt a baby girl from there). I contacted our adoption agency last week and after talking with them decided it is just to risky. It just really sucks big lemons.

Betsy said...

Do you know if Guat will be open for singles in 2008? Haven't heard anything myself.

Anonymous said...

I know it is so frustrating. You are right though..you need to let this angle go and see if there are other opportunities out there. Have you thought about foster adopt through your home state? I know you want an infant and those may be harder to wait for, but they do accept singles. Guat may not ever open. They've been saying for a few years they would comply with Hague and have yet to do it.

As for the CQ incident, it is hard to know what is truth and what is not but it is also common for adoptive parents and pre-adoptive parents to be protective of the country their child is from or the country they want to adopt from. There is so much that is not being said that it is hard to make a valid judgement. I am sure part of the CQ accusations are true and I am sure there are parts that are not. However, we are not there and don't know for sure.

It's time to let this dream go and see where you are led. My heart is with you. I know this is not easy.

Lucinda Naia said...

There are two proposals within Guatemala that concern adoption processes. The Ortega Law prohibits singles from adopting, and that proposal supposedly has more support. That's why I've wanted to start a process in spite of the turmoil. However, after yesterday's DOS warning, I'm glad I didn't start the paperwork or I'd be an emotional wreck.

Jennifer said...

HI Lucinda...
I contacted you a while back about your blog. We were set to recieve our referral any day now but being the responsible agency that they are, World Child will not be giving us one now. They are a GREAT agency but we are heartsick with dissapointment. Looks like we'll be looking at Russia. Anyway, just wanted to wish you the best.
It's a horrible situation.
Jennifer