GUATEMALA
OPEN FOR ADOPTIONS BY AMERICANS
(Dec. 19, 2003) In its latest update
on the Guatemala situation, dated Dec.
1, 2003, the U.S. State Department said that the Solicitor General's
office (Procuradoria General de la Nacion, PGN) has resumed processing
adoptions using notary publics and is accepting new cases. (PGN is
Guatemala's Central Authority for adoptions, under the Hague Convention
on Intercountry Adoption.) U.S. officials in Guatemala City are now
accepting I-600 visa petitions for children to be adopted and authorizing
DNA testing. However the State Department warned that Americans thinking
of adopting in Guatemala should take into account the delays arising
from a large backlog of pending cases.
Recent developments in Guatemala:
- Guatemala closed to international
adoption in September 2001, following reports of child trafficking.
Guatemala needed to enact legislation implementing the Hague Convention
on Intercountry Adoption before adoptions could resume.
- Guatemala acceded to the Hague
Convention on Nov. 26, 2002.
- The Hague Convention countries
met in The Hague on May 20, 2003. Guatemala advised that to address
concerns about child trafficking, it was considering a temporary
suspension of adoption cases. It would continue to work towards
implementing new procedures as required by the Hague Convention.
- The U.S. State Department advised
on July 15, 2003 that, due to the uncertain situation, adopting
families should not file for adoption in Guatemala until current
problems are resolved.
- A Sept. 28, 2003 news report from
the Chicago
Tribune said that Guatemala's 400 adoption attorneys saw that
their livelihoods were at risk, because implementing the more restrictive
Hague Convention rules would cause a decrease in foreign adoptions.
They began a campaign to overturn the new rules.
- On Oct. 11 the Solicitor General
of Human Rights asked the Guatemalan Constitutional Court to order
a "provisional suspension of all international adoptions".
In November the Constitutional Court denied the request to suspend
international adoptions
- Reuters reported Oct.
24, 2003 that 90 Guatemalan attorneys had filed an appeal charging
that Guatemala had not followed the correct constitutional procedures
in acceding to the Hague Convention. The Constitutional Court upheld
the appeal, thus restoring the adoption process led by attorneys.
The result of court cases challenging the Guatemalan government
was to slow the processing of adoption files, creating a backlog.
- November 2003. At its recently
concluded Congressional session the Guatemalan Congress considered
legislation to implement the Hague Convention but did not pass it.
The new law on the intercountry adoption process purported to curb
kidnappings and other child-rights violations through DNA verification
of a mother's parental relationship to a child.
- On Dec. 1, 2003 the U.S. State
Department said PGN is again processing adoptions through notary
publics and is accepting new cases, but the State Department warned
of delays.
Source: Adoption Council of Canada,
www.adoption.ca
Copyright 2003 Adoption Council of
Canada. Reproduction permitted, if credited "Source: Adoption
Council of Canada, www.adoption.ca".
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