Empty Threat?
As if the adoption process wasn't emotional enough, today brought disconcerting news from Guatemala. There isn't enough room here to go into it all, but apparently (the facts are a little murky) the president of Guatemala, President Berger, has drafted an Executive Order halting ALL adoptions in Guatemala, even ones currently in process! Like us! As of right now, no EO has been issued and there is uncertainty over its existence, contents, and legal effect. Our agency has told us that things are continuing to process and there is no need to panic. Easier said then done!
Guatemala right now is somewhat chaotic with adoption, and we are used to reading websites that spread rumors. But this "threat" seems more serious then the average rumor. The plan was for the Executive Order to go into effect October 1. However, attorneys in Guatemala have said that the EO would just be ignored because it is contrary to current law, which allows for private placement of adoptions. The long and short of it is that there is a Hague Convention on Adoptions that the U.S. is supposed to "adopt" next year; Guatemala has taken many actions to be compliant with the Hague but in 2003 their Supreme Court ruled that they were not in compliance with the treaty. So...once the U.S. adopts the Hague it will suspend all adoptions with Guatemala until Guatemala correctly ratifies the treaty. We know that we are grandfathered in as far as the U.S. government is concerned, so that isn't a problem for us with Henry, although we probably wouldn't be able to adopt from Guatemala again. I don't know all of the provisions of the Hague, but it probably would move the adoptions into the public sphere and may cut off a lot of them (as has happened in Honduras, for example).
President Berger and the First Lady have long been opposed to international adoption, and they may be posturing for their Congress to act against it. There is no indication that that will happen. Also, UNICEF (remember the little coin boxes kids carry with them on Halloween) has long conspired with Guatemala and other countries to stifle adoptions. UNICEF reportedly has donated $28 million to a social department within the Guatemalan government with the catch that Guatemala cut off adoptions until there is Hague compliance. UNICEF stands for "United Nations Children's Fund," with a mission statement of "child survival, protection and development worldwide through education, advocacy and fundraising."
The U.S. State Department is saying that adoptions in process are just fine and that the EO, if there even is one, will not be acted upon and things will go fine. That is encouraging and we already knew that there is a lot of political posturing in Guatemala over adoption. We just pray that Guatemala arrives at an ethical adoption process that is realistic given their economic contraints. We don't want them to set up a great in theory, but impossible to meet in reality, system that leaves children without families.
Right now, we are staying positive and realize that every day that passes without any action prohibiting adoptions by the Guatemalan government means we're further in the process. Its a hard situation for so many and we ask for your thoughts and prayers.
Buenos noches...
Guatemala right now is somewhat chaotic with adoption, and we are used to reading websites that spread rumors. But this "threat" seems more serious then the average rumor. The plan was for the Executive Order to go into effect October 1. However, attorneys in Guatemala have said that the EO would just be ignored because it is contrary to current law, which allows for private placement of adoptions. The long and short of it is that there is a Hague Convention on Adoptions that the U.S. is supposed to "adopt" next year; Guatemala has taken many actions to be compliant with the Hague but in 2003 their Supreme Court ruled that they were not in compliance with the treaty. So...once the U.S. adopts the Hague it will suspend all adoptions with Guatemala until Guatemala correctly ratifies the treaty. We know that we are grandfathered in as far as the U.S. government is concerned, so that isn't a problem for us with Henry, although we probably wouldn't be able to adopt from Guatemala again. I don't know all of the provisions of the Hague, but it probably would move the adoptions into the public sphere and may cut off a lot of them (as has happened in Honduras, for example).
President Berger and the First Lady have long been opposed to international adoption, and they may be posturing for their Congress to act against it. There is no indication that that will happen. Also, UNICEF (remember the little coin boxes kids carry with them on Halloween) has long conspired with Guatemala and other countries to stifle adoptions. UNICEF reportedly has donated $28 million to a social department within the Guatemalan government with the catch that Guatemala cut off adoptions until there is Hague compliance. UNICEF stands for "United Nations Children's Fund," with a mission statement of "child survival, protection and development worldwide through education, advocacy and fundraising."
The U.S. State Department is saying that adoptions in process are just fine and that the EO, if there even is one, will not be acted upon and things will go fine. That is encouraging and we already knew that there is a lot of political posturing in Guatemala over adoption. We just pray that Guatemala arrives at an ethical adoption process that is realistic given their economic contraints. We don't want them to set up a great in theory, but impossible to meet in reality, system that leaves children without families.
Right now, we are staying positive and realize that every day that passes without any action prohibiting adoptions by the Guatemalan government means we're further in the process. Its a hard situation for so many and we ask for your thoughts and prayers.
Buenos noches...
posted by A. Pratt @ 7:56 PM
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