NCFA Media : Current News

Guatemala Court’s Ruling of Hague Convention’s Unconstitutionality based
on a legal technicality

On August 13, 2003, the Constitutional Court of Guatemala ruled the country’s accession to The Hague Conference unconstitutional. In its September-October news bulletin, the International Resource for the Protection of Children in Adoption (IRC) explained that the ruling dealt only with the interpretation of the formalities by means of which Guatemala could become a member of an international convention. Under Guatemala law, Guatemala cannot accede to - but only ratify - an international convention. On the other hand, The Hague Conference did not allow Guatemala to ratify to The Hague Conference because Guatemala is not a member of The Hague Conference; Guatemala could only ratify The Hague Conference. Guatemala’s earlier accession to The Hague Conference was, thus, in violation of Guatemala law. Read more about this and other intercountry adoption developments in the IRC publication.