Notice for Guatemala “hogar” adoption cases
In Guatemala, a number of private child care facilities or “hogares” have traditionally provided care for children. Some of these hogars were closely associated with the intercountry adoption process and provided care specifically for children awaiting adoption. Allegations of adoption irregularities have prompted Guatemalan officials to conduct a wide-ranging investigation that has included many of these facilities. A number of hogars have been investigated to determine if they were properly licensed, if the operators had appropriate documentation for the children in their care, and if there were illegalities in the adoptions arranged by the hogars. Some of the hogars have been accused of baby stealing and selling. These investigations have had a direct impact on processing of adoptions for children destined for the United States. It should be noted that the Embassy is not informed when these investigations are undertaken and is not a party to the legal process. Therefore, the Embassy is not formally notified of the legal status or the outcome of the investigations or of any legal determinations that may result. The information below is a summary of what the U.S. State Department, Bureau of Consular Affairs, Office of Children's Issues has learned informally.
The United States recognizes the responsibility of the Guatemalan government to ensure the protection and wellbeing of its citizens, particularly of Guatemalan children who are its most vulnerable citizens. The State Department has and will continue to urge the Guatemalan government to conduct its investigations as expeditiously as possible and to ensure that any decisions made are with the best interests of the children as the foremost criteria.
Casa Quivira
According to State Department records, adoptions petitions are still pending for 16 of the original 46 children who were taken into custody from Casa Quivira. For several of the cases, the Solicitor General’s Office (PGN) has identified irregularities and will have to be processed as abandonment cases through the CNA. The Guatemalan government has agreed that these cases (if all requirements have been complied with) can be processed as transition cases and will not have to wait for the new procedures to be drafted and implemented.
A decision was issued by Judge Mena earlier this year determining adoptability of the children including those already adopted and living in the United States. However, some errors were found in the final resolution and the Office of the Solicitor General (PGN) appealed the judge’s decision. An appeal hearing by the Sala on August 12 did not lead to a final resolution on the adoptability of the children. A legal representative for some of the parents urged a swift resolution to the cases.
Semillas de Amor
In March of this year, the Guatemala judiciary scheduled hearings for more than 50 Semillas de Amor cases to determine the eligibility of the children for adoption, including some who were already adopted and living in the United States. On the last day of closing arguments, a petition was filed with the Court of Appeals (Sala) asking the presiding judge to be removed.
On September 10, the State Department learned that the Sala ruled against the removal request, allowing the original judge to resume her proceedings at the same place where they were stopped, which was the last day of closing arguments. This will likely result in a more prompt resolution of these cases, since the hearings do not have to start over again from the beginning. However, the State Department cannot predict how soon the judge will announce her final decision.
Santa Lucia de las Flores
The Embassy has learned that Asociacion Santa Lucia de la Flores Silvestres has been under investigation by the Guatemalan Attorney General’s office since last year. The Embassy has been in contact with some of the prospective adoptive parents. The State Department understands there were at least five children indentified for adoption by American citizens being cared for at this home. Many of the children taken from this orphanage are now living in various private hogars until a judge decides on their cases.
Asociacion Primavera
On August 13, the Embassy learned about an action by Guatemalan authorities involving 16 children from the hogar Asociacion Primavera. The State Deparment has since learned that the children were transferred to the following private hogares: Casa Alegría, Casa Bernabé, and Amor del Niño. As a result of the investigation, the judge in Esquintla who approved the abandonment cases from Hogar Primavera is now under criminal indictment.
Rosalinda Rivera’s Hogar
On May 6, 2008 an action was taken against a hogar on 11 Avenida 7-51, zona 11, Quinta Samayoa, Guatemala City. Rosalinda Rivera was apprehended at this location and 9 infants were removed from her custody. Ms. Rivera did not provide the necessary paperwork to prove this was an authorized home. The children are all living in new hogars awaiting a decision on their case.
U.S. Not Processing Guatemalan Adoptions
March 6, 2009
The Department of State is advising otential adoptive parents and adoption service providers not to initiate new adoptions from Guatemala because the Department cannot process such adoptions from Guatemala to completion at this time.
The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention) entered into force with respect to the United States on April 1, 2008. Effective April 1, 2008, newly initiated intercountry adoptions between the United States and other Convention countries must comply with the Convention’s standards.
Guatemala acceded to the Hague Adoption Convention in March 2003. While Guatemala passed legislation designed to implement the Convention in Guatemala, it has not yet established the regulations and infrastructure necessary to meet its obligations under the Convention. As a result, the Department of State cannot issue the documentation required by the Intercountry Adoption Act (IAA) for issuance of an immigrant visa for Convention adoption cases.
The Department has advised USCIS of its finding. USCIS has decided to not approve any new filings of Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, for adoptions from Guatemala at this time.
On Tuesday, December 11, 2007, the Guatemalan Congress passed legislation intended to implement the Government of Guatemala’s obligations under the Hague Convention on Intercountry Adoption. This new legislation creates the National Council on Adoptions as the Guatemalan Central Authority for intercountry adoptions and establishes many new safeguards for children and families in the process of intercountry adoption from Guatemala. It aims to reform the Guatemalan adoption system and child welfare system.
The legislation does contain provisions that allow for the completion, under previous adoption laws, of adoptions cases that were in process prior to December 31, 2007. The National Council on Adoptions has informed prospective adoptive parents involved in more than 893 transition adoption cases that their adoption will continue to be processed under the previous laws. It has also informed the Department of State that it will not process any other new adoption cases until the new legislation has been fully implemented.
The CNA is still finalizing the legal steps and establishing the new administrative procedures to process adoptions under the Hague Convention. An important next step in this process will be to establish the accreditation criteria that will be use to authorize or license adoptions agencies that wish to facilitate intercountry adoptions from Guatemala. At this time, the Government of Guatemala has not indicated when it is likely that this process will be completed.
The Department will continue to monitor the adoption practices of Guatemala. The State Department cannot predict whether or when it will be able to start processing new adoptions from Guatemala. =
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 under previous rules. The Embassy is working closely with the government of Guatemala to complete those cases as soon as possible
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