IMPORTANT NEWS

UPDATE ON GUATEMALA

(Please read this update in its entirety if you are in process of a Guatemalan adoption or are thinking about it.)

FOR IMMEDIATE RELEASE

From Joint Council on International Children’s Services
117 South Saint Asaph Street
Alexandria, VA 22314

Guatemala To Keep Adoptions Open Through Reform
 March 16, 2007- Alexandria, Virginia – Legislation intended to reform the current international adoption system will be introduced in Guatemala early next week.  The legislation puts into place much needed oversight and is in line with the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, an international convention signed or ratified by over 60 countries.  “This legislation gives children the legal protections they need and also the continued opportunity to find love and safety through adoption” said Thomas DiFilipo, President of the Joint Council on International Children’s Services (Joint Council). 

International adoption in Guatemala has been criticized by numerous groups for unethical practices and a lack of governmental oversight.  Such criticism has called into question whether intercountry adoption will continue in Guatemala.  “Legislative reform is the key to continuing intercountry adoption in Guatemala” said DiFilipo.  DiFilipo’s statement seems to echo that of many members of the Guatemalan Congress who met in early December and throughout the winter to address a range of issues related to international adoption and are now prepared to present their recommendations to Congress. 

The Hague Convention on International Adoption will be ratified by the United States later this year.  Since more Guatemalan orphans find loving families in the United States than in any other country, passage of this legislation in Guatemala appears vital to the protection of children’s right.  The United States Department of State has clearly stated that adoptions with Guatemala will not be permissible under law unless such legislation is passed.  According to DiFilipo “It is clear the Guatemalan Congress intends on passing the respective legislation this spring. The best interest of each child is at the center of their efforts.”

 Further information from Thursday’s Child:

Thursday’s Child pledges to continue our commitment to the children of Guatemala who need permanent, loving families. We are also making every effort to keep informed of any and all developments on an ongoing basis. At this time we are continuing to accept new applications from clients who are fully informed of the circumstances and changes pending in Guatemala and of the implications for them. Clients interested in Guatemala who will be accepted by our agency must also have interest in a back-up choice offered by Thursday’s Child, in order for us to accept and proceed with their application to adopt from Guatemala.  Applicants will be accepted on a case-by-case basis, contingent upon their demonstrating a realistic understanding of how things are working in Guatemala.  We believe it should be the choice of the clients, and some prospective parents are also very committed to adopting from Guatemala. However, if the situation changes for the worse and if we deem that the risks are too significant, we may find an obligation to temporarily discontinue accepting new applications and dossiers for Guatemala.

Just days ago the US Department of State published some extreme statements on Guatemalan adoptions.  The Joint Council on International Children’s Services, of which Thursday’s Child is a member, was in immediate communication with the Office of Children’s Issues both on Wednesday and Thursday.  Concerns of the JCICS have been presented and an immediate meeting was requested to discuss the contents and intent of the posting and to obtain clarification on the key issues.  The Joint Council, and most of its members including Thursday’s Child, want to see the Department of State put some clarifying language in their FAQs.  The JCICS has worked with various parties in Guatemala with the approval and support of its members, in order to help effect a permanent solution and reforms to the Guatemalan adoption process.  The JCICS has stated that it sees this legislation as “the primary means by which we can end the finger pointing and get back to our chosen work-serving children. While all may not agree with every aspect of the legislation, and amendments will certainly be suggested, we remain confident that the framework of the legislation will provide long-term stability upon which you can build sustainable programming and services for the children we all serve”.
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The entire adoption community both in Guatemala and here in the US is still reeling from the pronouncements made by the DOS, many of which appeared contrary to pledges previously made by them, and largely undocumented, as well as contradictory to the experiences of most who have worked with Guatemala for a long time and who understand their system. All of us agree that reforms are necessary, but the safeguards in the Guatemalan process and the relatively low incidence of overt fraud as previously reported by the US Embassy have been ignored by the Department of State and by the news media.  It appears to us that there have been few attempts on the part of our US authorities to understand the legal system of other nations and a tendency to judge any other system as inferior to our own.  We do not understand how the rampant abuses alleged could have existed while the US authorities were busy approving thousands of cases a year from Guatemala.

Many of us believe the new position of the Department of State is a blatant is political move to continue to pressure the Guatemalan government to ratify The Hague and to do so only according to their terms. We do not support  “grandstanding” at the expense of children and families in order to make political and diplomatic points. The statements made by the DOS are replete with inaccuracies.  Many of us do not believe it is accidental that the statement coincided with our President’s trip to Guatemala.  We deplore their seeming to use for their own ends the cause of adoption, so near and dear to our hearts and the focus of our work and lives for so many years.

We agree with one of our colleagues in another part of the country, Nancy Fox, that DOS needs to be accountable for what they say and for their accusations and she is suggesting that several of our professional membership organizations make a request through the Freedom of Information Act for specific proof to support these accusations”.
One of the most amazing points to us is how little our authorities seem to comprehend the notarial system in Guatemala.  The notaries there are not the same as notaries here and they do not act as judges as implied by the DOS. Notaries there are lawyers with additional authority, who have the power to make certain types of decisions according to their Constitution. This has little or nothing to do with what our own notary publics do. The notaries do represent both parties and though this is criticized by the DOS, the notaries perform a role that is completely normal and legal in Guatemala and some other countries as well. As one colleague pointed out, though we cannot recall who said it at this time,   “DOS seems to have completely missed this, and they are really critiquing the normal functioning of the Guatemalan legal system under Guatemalan law -- not anomalies. There is nothing within the Guatemalan legal system that prevents dual representation”. 
We also disagree strongly with the comments on unregulated foster care. The US foster care system is a very regulated one. We read horror stories about it on an almost daily basis. While all foster homes in Guatemala are not terrific, for the most part we have observed the children to receive excellent care. This has been long considered one of the strengths of adoptions in Guatemala and is now being distorted so that it  is perceived as a weakness. We do not know that Guatemala has the resources to regulate foster care, and are not convinced that this will bring about an improvement. However, we are eager to see any changes that will improve the system there and make it more transparent and more protective of birth families, children and adoptive families.

Numerous US agencies have pledged not to give up on the children of Guatemala and to do whatever they can to support the Guatemalan Association for the Defense of Adoption in Guatemala. Thursday's Child joins in this commitment at this time. The decision to proceed with an adoption from Guatemala can onlybe made by the clients. We believe there will be a resolution soon and the press release above lends hope that this indeed will occur.  We agree with the National Council on Adoption that there is sufficient time remaining in this Guatemalan Legislative Session and before the US implements the Hague Convention on Protection and Rights of Children for a reasonable system to be developed and put in place in Guatemala. If you would like to read the article by the National Council on Adoption, use the following link:
https://www.adoptioncouncil.org/

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