Department of State Urges Citizens Not To Start Adoptions in Guatemala


 

GUATEMALA

DECEMBER 2007

WARNING:  The U.S. Department of State continues to urge U.S. 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 several months.  These changes are likely to inject considerable uncertainty into the adoption process.

On Tuesday, December 11, 2007, the Guatemalan Congress passed adoption legislation intended to implement the Government of Guatemala’s obligations under the Hague Convention on Intercountry Adoption.  It will take time, however, for Guatemala to implement the revised adoption processes mandated by their new legislation.  Guatemala must write regulations and create the infrastructure necessary to set up an adoption process that meets their obligations under the Hague Convention.  Along with other member countries of the Hague Convention, we are working closely with the Government of Guatemala to assist in completing this task.

After the Hague Convention enters into force for the United States on April 1, 2008, there may be a period of time during which we would not be able to approve newly-filed adoptions from Guatemala. That period would last until Guatemala establishes an adoption process and the necessary infrastructure to provide the protections for children and families as required by the Convention.

U.S. 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. After a court-ordered investigation, many of their cases are still pending approval. Prospective adoptive parents face the real possibility that current, pending cases may be disrupted by legal investigations. 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.