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Due to issues currently occurring in Guatemala
relative to the proposed change in adoption laws, Beacon House
will suspend acceptance of new applications for Guatemala
on November 1, 2007. It is unfortunate that the adoption situation
in Guatemala has reached this point, as there are many children
who still need homes and families. Beacon House is following
the progress of the issues in Guatemala. We will continue
to work toward the best interest of adoptive families and
children during this period of change. For updated information
on the passage of laws in Guatemala that will affect adoption,
and to see how you can help: Click
here.
If you are interested in pursuing an adoption
from Central America at this time, we recommend that you click
here.
For more information on the Panama program,
you can call (850) 430-4005 or e-mail denise@beaconhouseadopt.com.
Intercountry Adoptions and the Hague Convention:
Guatemala
The United States plans to ratify the Hague
Convention on Protection of Children and Co-operation in Respect
of Intercountry Adoption in early 2008. When the Convention
enters into force for the U.S., all intercountry adoptions
between the U.S. and other Convention Countries must comply
with the Convention, the Intercountry Adoption Act of 2000
(the IAA) and applicable regulations.
For purposes of international law, Guatemala
has been party to the Convention since March 2003. Guatemala
has not implemented the Convention and its adoption system
does not currently function in the manner prescribed by the
Convention. If the Convention is ratified by the US before
Guatemala implements and provides systematic review in compliance
with the Convention, it will be the decision of the Department
of State whether to allow such adoptions to continue. The
DOS has indicated that such adoptions would not be allowed
to continue.
Additional information on U.S. implementation
of the Hague Adoption Convention, and on intercountry adoption
from Guatemala, can be found on the Department of State website
at www.travel.state.gov.
Please note the statement from the DOS relative
to the situation in Guatemala.
The statement issued by the United States Department
of the State is as follows:
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.
Taken from the Department of State website http://travel.state.gov/family/adoption/country/country_389.html
For families in process now:
New Requirement of 2nd
DNA test
The State Department and Embassy has announced the new requirements
for a second DNA test.
Families are responsible for the 2nd DNA fee
of $117.50.
For all cases with final documents submitted
to the embassy on or after August 6th the procedure will be
as follows:
- When attorney submits final documents to the embassy,
he or she will be given a DNA embassy authorization form.
- DNA samples will be taken by embassy approved physician
and sent to Labcorp.
- DNA results will be mailed to the embassy.
- Once DNA results are received by the embassy, they should
be able to issue the pink slip the following business day.
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