NCFA Outreach: News Archive

September 27, 2007

Based on dialogue between officials and leaders in Guatemala intercountry adoption, including the Guatemalan government, the U.S. Department of State, U.S. Citizenship and Immigration Services, adoption service providers, and Guatemalan attorneys, the following represents the combined understanding of recent events, mutual assessment of their impact, and immediate recommendations of the National Council For Adoption (NCFA) and the Joint Council on International Children’s Services (JCICS).

Announcement by the Berger Administration

According to the U.S. Department of State, during a meeting of the international community sponsored by the Hague Permanent Bureau, the Berger administration announced the following:

• As of January 1, 2008 (the date the Hague Convention goes into force in Guatemala), all adoption cases must meet Hague standards.  This includes all pending (in-process) adoptions, including those filed prior to January 1, 2008. 
• As of January 1, 2008, Guatemala will not process adoptions for any non-Hague countries, including the U.S.

Recommendation

It is our strongest recommendation that all adoption service providers cease issuing referrals for Guatemala-born children, effective today, September 27, 2007.  Similarly, we recommend that potential adoptive parents not accept any referrals issued by adoption service providers who choose to ignore this recommendation. 

We also strongly recommend that all adoptive parents and adoption service providers join NCFA and JCICS in appealing to the U.S. Department of State and U.S. Congress, asking both bodies to request that the Guatemalan government allow all pending adoption cases to be processed and completed under the existing process and law.   

Assessment       

Guatemala does not currently have a functioning Hague-compliant adoption process, and the Hague Convention will not yet be in force for the U.S. by January 1, 2008.  If Guatemala proceeds as announced, all intercountry adoptions from Guatemala to the U.S. will come to a halt on January 1, 2008.  Guatemalan adoptions in process will be required to register under a new process which has yet to be identified or implemented.  

Should a Hague-compliant system be established in Guatemala by January 1, 2008, the U.S. will not be a full Hague country until late March, 2008 or later, and would not be permitted to participate in any intercountry adoptions from Guatemala until such time as the Hague Convention goes into force.  Therefore, a best-case scenario is a resumption of adoptions in April 2008 through a process with unknown procedures or timeline.  

In assessing the Berger announcement and its impact, NCFA and JCICS have considered the legislation pending before the Guatemalan Congress, the national elections, legal challenges, and the possible extension of the Hague-effective date for Guatemala.  With none of these factors significantly altering our assessment, both organizations remain confident in the prudence of our recommendation.  Given the circumstances, we strongly believe that the suspension of referrals is in the best interest of children and potential adoptive parents.

Again, NCFA and JCICS ask all adoption service providers, potential adoptive parents, and child welfare advocates to join us in our call for a provision that would allow all Guatemalan adoptions currently in process to continue.