
Here we go again.
The Washington Post online printed an associated press article on Guatemala’s requirement for a second DNA test. I read through it quickly to see what else they had to say as I’m very wary of reports about Guatemalan adoption.
Here is how Guatemalan adoptions are described:
Under Guatemalan law, unregulated notaries act as baby brokers who recruit birth mothers, handle all the paperwork and complete adoptions in less than half the time it can take in other countries.
First of all, there are lawyers involved in the adoption process and not just notaries, who are basically clerks handling paperwork. Also, this is the first time I've heard of the notaries recruiting the birth mothers. Who comes up with this stuff?
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I’ve met the lawyer that handled my daughter’s adoption as many others have. To say they are unregulated is another broad sweeping statement that says nothing. Unregulated in what way?
Secondly, the remark "recruit birth mothers" suggest that all birth mothers are recruited and don't come forth on their own volition. This is another rumor that is probably true in a small percentage of adoptions. I do believe that some unscrupulous lawyers send out people to recruit birth mothers, but I don’t believe that is the norm in Guatemala.
Saying that adoptions from Guatemala take half the time is a gross exaggeration. Adoptions from other countries vary considerably as do adoptions from Guatemala. These days with the extra requirements of a longer Pre Approval time from the US Embassy and a second DNA test, many children are coming home after ten to twelve months. With the unpredictability of PGN(Attorney General's Office) it can be even longer.
I detest inaccuracies so find myself defending an adoption system that is far from perfect. I’ve never seen a perfect adoption system. Even China’s system doesn’t successfully regulate how the children arrive at the orphanages, just the process itself.
What I would like to see is a moral and objective committee governing the relinquishment of babies and children. In my opinion, this would be the time to do the birth mother interview. Only after that would the child be available for adoption, and only then would a lawyer be allowed to be involved.
Yes, a lawyer could round up mothers and bring them to this committee, but if the birth mother is unsure or has been coerced, there is a better chance of stopping any adoption from taking place before the process has started by conducting a thorough interview.
Here is a reminder of what Guatemala or any country must do to become Hague
Compliant. Frankly I will be relieved when Guatemala becomes Hague compliant so the anti-Guatemalan adoption rhetoric will cease.
1. Establish a central authority: “to be the authoritative source of information and point of contact in that country, to carry out certain functions under the Convention, and to cooperate with other Central Authorities.”
2. Put in place “enforceable legislation, regulations, procedures, or policies to implement the Convention.”
3. Create a “structure to investigate extended family placement or domestic adoption.”
4. Have “competent authorities determine that the child is eligible for intercountry adoption and that birth parents are counseled.”
5. “Prohibit improper payments and regulate permissible fees in the adoption force and enforce both.”
6. Create a system to accredit adoption service providers.
More Reading:
Blog on Inaccuracies on Guatemalan adoptions
U.S. Department of State: Guatemala: Intercountry Adoptions and the Hague Adoption Convention
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