Guatemala, the Hague Convention and the United States

Background

A large proportion of children adopted by foreign parents are Chinese and Indian, and these two countries have both committed to the Convention. China and India, along with the other countries that have signed the agreement, are working towards ensuring an ethical international adoption system and guaranteeing the care of all children involved in it.

The United States has formally acceded to the agreement, and aims to have the required systems and procedures in place and the agreement ratified by the end of this year. Preparations are well under way, and the US is confident this deadline will be met. There will be a three month delay between the United States confirming to the Hague Permanent Bureau its full compliance with Convention standards and the US becoming legally bound by its rules.

Present

Guatemala formally subscribed to the treaty in 2003, and is regarded as a member-country under international law. However, the country has not yet put into place the legal processes and infrastructure required by the rules of the Convention and, as such, cannot yet guarantee the safety and ethical treatment of children, adoptive and birth parents during the adoption process.

Once the three month delay has elapsed and the US is bound by the terms of the Convention, Guatemala must also have the required systems in place for compliance with the agreement or US immigrant visas will not be granted to Guatemalan children adopted by American citizens. The US Embassy has emphasised that the Guatemalan state is perfectly capable of complying with the agreement, and that there is every chance the approval of immigrant visas to adopted Guatemalan children will continue uninterrupted.

Parents with I-600A petitions filed with the Department of Homeland Security before the US ratifies the agreement will be permitted to continue with their applications, and will not be bound by the terms of the new agreement.

Future

The American and Guatemalan authorities are currently working together to ensure that the standards of the Convention are implemented within the given timeframe. The priority of this dialogue is the development of an adoption system with the need of the children at its heart, and both parties have expressed a very real commitment to these reforms.

Both American and Guatemalan authorities are keen to avoid disruption or suspension of intercountry adoptions between the US and Guatemala. Such disruption is likely to cause problems and undue suffering for adopted children, as it would remove the possibility of adoption by a suitable family but replace it with no alternative care.

Consequently, the US and Guatemalan authorities are aiming to have the new systems implemented prior to the US fully ratifying the treaty later this year. It is worth noting, however, that changes are to be made to the adoption process and that the Guatemalan authorities are not required to give warning of these changes. So, despite the best efforts of the authorities, there may still be disruption to the processing of applications.

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