Tuesday, September 25, 2007

Future of Guatemala adoptions

Here is a link to a statement issued by the DOS (Deptartment of State) regarding the status of Guatemalan adoptions in the months to come. While I am somewhat scared by this statement, I don't think it is time to panic yet. We could in fact complete our adoption prior to January 1. It all depends on what the PGN decides to do with our case. We will have been in the hands of the PGN for three weeks tomorrow. I am hoping to call them sooner than later to see what is going on with our case. Please pray for our family as we wait in this very uncertain time. It will be just heartbreaking if our little Malayna cannot come home to our family.

http://travel.state.gov/family/adoption/country/country_389.html

(ok...so, the link is not working. If you copy and paste the link you should be able to view the statement.)

(I decided to cut and paste the actual statement to this post. So, just read below...or try to get to the website)



INTERCOUNTRY ADOPTION

GUATEMALA

September 2007

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.

2 comments:

Megan said...

Goodness, I'm so sorry. I heard about this on the radio on NPR (public talk/news radio) and thought of your family immediately.

Anonymous said...

Amy I am praying so hard for this situation AND calling everyone I can call, writing everyone I can write, and I'm not going to stop until I feel like I'm heard. I'm so frustrated over this whole situation! It really shouldn't have to be this complicated to work out.