An independent voice for ethical adoption
Guatemala–September 14, 2003
On September 12, 2003 the Constitutional Court in Guatemala published a decision in which it was determined that the November accession to the Hague Convention on Intercountry Adoption was unconstitutional.
This decision is the result of determined efforts by adoption attorneys in Guatemala who believed that the accession was illegal and that its enforcement would serve to eliminate adoptions from Guatemala.
It is undoubtedly true that the lack of a well-thought out implementation plan for the Hague convention caused innumerable problems in Guatemala. The difficulties of the last few months serve as a potent example of the clear need for assistance and guidance to countries that lack the infrastructure to successfully implement and finance a central authority for adoption.
At the same time, Ethica supports the ideals embodied in the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. It is imperative that countries take measures to ensure that decisions about a child’s future are made in their best interests and that adoptions take place in an environment that provides adequate safeguards to the children, and their families. It is equally vital that adoption professionals, both in the United States and abroad, continue to evaluate current adoption processes and identify areas where protections to children can improve.
The Department of State notice says, ” Prospective adoptive parents should expect delays due to the large backlog of pending cases and uncertainties in how long it will take Guatemalan authorities to resume processing. Parents should take this into account when considering whether to pursue an adoption in Guatemala at this time.” Parents who are considering accepting referrals and agencies who are planning to resume the issuance of referrals may wish to wait a little while to see if the processing of cases will goes as smoothly as we all hope.
We join the adoption community in hoping that the resumption of processing by the PGN will move smoothly and that the children whose adoptions are pending will be able to join their parents soon.
Ethica Position Paper on Guatemala
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