[cbmstephanie]

Sorry if this isn't new. I hadn't seen it posted.

January 9, 2008


The Department of State advises potential adoptive parents and adoption service providers not to initiate new adoptions from Guatemala because of the great uncertainties surrounding implementation of Guatemala’s new adoption law.

We do not know when the Government of Guatemala will be prepared to process cases under the new system set forth in the new Guatemalan adoption law that went into force on December 31, 2007. The Government of Guatemala is now working to put into place the infrastructure necessary to implement the provisions and obligations of the new law. We understand that a Central Authority may be in place very soon and is expected to quickly ratify and publicize the registration procedure required for adoptions initiated prior to the law’s effective date. But the full process must be in place and functioning before an adoption can be completed under the new law. There is no process in place at this time.

In addition, the new Guatemalan law appears to prohibit new adoption cases with non-Hague countries. Article 39 states that "in international adoptions, the persons who wish to adopt a child must initiate the process through the Central Authority of their country of residence, which will forward the request and appropriate certifications to the Guatemalan Central Authority." Since the U.S. Central Authority will not begin processing Hague adoptions until April 1, the new Guatemalan law does not appear to contemplate U.S. adoptions until after April 1.

Finally, we cannot guarantee that adoptions will continue between the United States and Guatemala after April 1, 2008, when the Convention goes into force for the United States. The Convention prohibits all members from processing adoptions from member countries that do not have Hague compliant adoption processes. As a consequence, the United States and other Hague Convention countries will have to determine whether the new process in Guatemala meets Convention requirements. If a fully Hague compliant process is not in place in Guatemala by April 1, 2008, the United States government will not be able to process new cases with Guatemala. While we will assist the Guatemalan government as much as possible to ensure that the new processes are sufficient, we cannot at this time predict whether or when we will be able to process adoptions from Guatemala after the Convention goes into force in the United States.

With regard to currently pending adoptions (those initiated in Guatemala before 12/31/2007), the U.S. Embassy in Guatemala remains committed to processing adoptions according to previous rules. The Embassy is working closely with the government of Guatemala to help complete those cases as soon as possible.

[ourjourneytwo]

So more or less everyone has to be out of PGN and done with their adoption by April 1, 2008? or the US won't allow the adoptions to finish? Is that what they are saying? sorry, not trying to make anyone panic, just wondering what will happen?

[mattecook]

No I read it to mean that "new" cases those happening after Dec 31 will be in question.

As with anything we will be getting bits and pieces until everything is in place. I can only imagine what it must feel like to be in process right now but hang in there it sounds like the DOS is working to complete in process cases quickly. Unfortunately "quickly" is very subjective

Ami

[airstar98]

I think you might have a point!!! I didn't get that when i read it, but after reading your post, I remember reading or thinking something similar, not sure where or when, lol.

But, the Embassy is saying that they are trying to get the inprocess cases completed asap, and why the rush, there's never been a rush before for us.

It makes since now. Once we are HAGUE on April 1st, the US may not be able to give adopted children from Guatemala visa's anymore. If US does not consider Guatemala to be fully following the Hague rules on April 1st, there could be a problem getting kids out of the country who were in an adoption.

Even though Guatemala has the CA now, they still have a lot to do to get Hague compliant, from what I'm understanding.

[skipdaisy]

No, in process cases will be okay as far as the CIS issuing visas, even if its after 4/1/08. Remember, DOS said early on that if you filed your I600A before the US was Hague then you would be able to finish up.

This is what I understood the cutoff to be on the US side...please correct me if I'm wrong.

[ourjourneytwo]

Originally Posted by skipdaisy

No, in process cases will be okay as far as the CIS issuing visas, even if its after 4/1/08. Remember, DOS said early on that if you filed your I600A before the US was Hague then you would be able to finish up.

This is what I understood the cutoff to be on the US side...please correct me if I'm wrong.

Phewwww, thank goodness! that's one VERY HEAVY BRICK off my shoulders. Now to get the others off! LOL

[Alexa07]

Jen, I share your view. Let's all be really careful not to start speculation that can send us all spiralling downwards again. IMHO, and it is just that, MHO, we are in a very positive place right now. Our adoptions will be completed as per DOS statement with respect to in-process cases (and they have defined what in-process is). We are okay. And to be fair to GT, they seem to be getting it together with the CA.

Hang in there, everyone.

[LJR1974]

Originally Posted by skipdaisy

Remember, DOS said early on that if you filed your I600A before the US was Hague then you would be able to finish up.

This is what I understood the cutoff to be on the US side...

Yes, this is exactly as I understood it too.

[Petsitter]

Doesn't sound good for those of us waiting to start the process