[stephjoel99]

(I am posting this with her permission - they need all the smart Guatemamas out there to put their thinking caps on for this)

They have been in PGN since March and they learned from their facilitator that the birthmother has died in a truck accident. The baby they are in process for is the biological sibling of their two children they adopted last year.

They are not able to do an "abandonment" b/c of the new law (the abandonment would fall under the new law) - does anyone have ANY suggestions for this family? They are obviously worried that they will lose him, but no matter what he is the brother of their 2 children and he is family no matter what.

Suggestions for now - for the process, suggestions for how to keep track of him in case he does get taken away, any suggestions at all. And prayer. They need it very badly right now. Thank you guys.

[prayingmommy]

How sad. Had the birthmother interview taken place before this happened?

[mommytoEli]

i remember this happend to someone a few years back (obviously different bc of the whole cna/hague thing now) but i remember it being an issue for them, and i can not remember how they handled it....but i want to say the dad was somehow able to finish the adoption.

i think it was erick's mom....is she still around here somewhere? let me see if i can remember her screen name.

[Isabo]

I am so sorry to hear that those children's first mother has died. How terribly sad for them and for her. I hope that the baby can be united with siblings, whether in the U.S. or in Guatemala, or kept with family in Guatemala.

Good luck to your friend.

[hesabanana]

Can't they produce a death certificate or Guatemalan equivalent to satisify PGN?

[CarolynP]

One would think that a court in Guatemala could have an Order signed showing that since it was the bmom's intent that the baby be adopted that by providing a death certificate they could continue the adoption. The fact remains that the bmom (God rest her soul) died, but did not change her intent to relinquish the child.

[CEB]

I an fairly certain that with minor bmoms, PGN requires the consent (and presumably now the interview) to come from the grandparents. If the bmom's parents are accessible perhaps that is an avenue worth exploring. Sending my prayers that this situation is resolved.

[stephjoel99]

She passed away before the birth mother interview. She was not a minor, but I will suggest the grandparent avenue. A death certificate was produced to the PGN but legally it is now an abandonment situation unless they grant some sort of special dispensation for this family.

Thank you for all your kindnesses and suggestions - this mom is on this forum, but she is very upset and distraught right now as we can all imagine and just needs some good ideas. I think the main concern is that if he is taken to a state run orphanage, how can she keep track of him and *try* to be "matched" to him when the new system opens.

[annaguat]

I am so sorry to hear this and will pray that this obviously orphaned child will find his way to them soon. Anna

[gwenrenee007]

this happened to someone who used my agency and used to be on here (I am not sure if she still is) and they had to go through a lengthy abandonment process. this was before the whole hague issuses.

I am so sorry this has happened it is such a sad situation for everyone and for these children to lose their birth mother, such a loss.

A suggestion may be for the family to offer to pay the foster family directly until the new adoption process is ironed out and then they can go from there. There may still be a way to adopt the child, but only time will tell.

Again so sorry.

[CurlysGirly]

This is so sad to hear.

I can see where she would be worried about the child being moved to a state run orphange because her case would now be considered abandonment. Is there a way that she can communicate with the foster mom or attorney to work out private fostering fees? I'm sure that it would be costly and the amount of time would be uncertain but perhaps she could rely on the kindness of strangers to help finance it. This is such a worthy cause. You can set something up with Paypal I think to take donations. I'd be in!

Please keep us posted. My heart is breaking for this child and family.

[gdbe]

This is sooo sad to hear. Perhaps they can have the birthdad consent to the adoption. THey could prove paternity by DNA testing, and obviously he is not married, because bmom passed.

They could probably find out some family info from their past family court reports that they received from their previous adoptions. Perhaps contact the grandparents and see if they could help out confirming things.

Gail

[papasmith]

Originally Posted by stephjoel99

Thank you for all your kindnesses and suggestions - this mom is on this forum, but she is very upset and distraught right now as we can all imagine and just needs some good ideas.

Oh my goodness, all I can say is how sorry I am for this tragedy. They must be devastated. I can't imagine how they feel but wish there was some sort of comfort I could give.

May this child's birth mother be a guardian angel and gently guide the hearts of PGN.

Just heart breaking. God bless.

[adoptnky]

Originally Posted by mommytoEli

i remember this happend to someone a few years back (obviously different bc of the whole cna/hague thing now) but i remember it being an issue for them, and i can not remember how they handled it....but i want to say the dad was somehow able to finish the adoption.

i think it was erick's mom....is she still around here somewhere? let me see if i can remember her screen name.

It was Erick's mom....ez4metoremember...or something close to that. I haven't seen her on here for a long time. And I think you were right, the dad was able to finish the adoption.

I'm so sorry for this family. I can't imagine what they are going through right now.

Kim

[stephjoel99]

You guys are awesome! The birthdad is a great idea - I just am wondering 2 things:

1. If the birthdad executed a POA, would that be a "new adoption" and fall under the new law? Or would they be able to substitute him for the birthmom (the reason it's so genius is before there could be "no birthfather" in order to fit US orphan criteria, but now since the birthmother has passed away, he can be a part of the adoption)

2. If they could go under the old law with the birthfather, they'd have to go back to DNA and SWI, etc. right? Birthdad would have to be tested and interviewed, etc.?

I am emailing her now - it's a long shot but it just might work.