Guatemalan Adoptions: Frequently Asked Questions

May 31, 2007 by sachinskg

Q: Is Guatemala bound by the terms of the Hague Adoption Convention?

A: In November 2002, the Guatemalan authorities began the process of ratifying the Hague Convention. The terms of the agreement state that member-countries have a period of three months after this date before the Convention comes into legal effect in that country. Therefore, Guatemala has been bound by the terms of the Hague Convention since March 2003.

Q: The Guatemalan Constitutional Court decided that Guatemala’s committing to the agreement would be unconstitutional – doesn’t this overrule the decision made previously?

A: No. International law is very clear on this matter, and as the international community - including the other member-countries of the Convention – could not be expected to know that Guatemala’s signing of the treaty was unconstitutional, the country is still bound by its terms.

Q: From what date will the US be bound by the terms of the agreement?

A: The United States will formally confirm its agreement with the Convention later this year. There will then be a three month delay before the US is legally bound by the terms of the agreement. After this delay, new member-countries are permitted to formally object to the membership of other countries to the agreement.

Q: How will this affect intercountry adoption to the United States?

A: Amongst the new US legislation, developed to meet the requirements of the Convention, is the Intercountry Adoption Act (IAA). This act states that, once the US has ratified the agreement later this year, no adoptions will take place that do not abide by the rules of the agreement. The rules of the agreement include an obligation for a central authority within the child’s country of origin to oversee the adoption procedure and carry out certain parts of the process. A country which does not provide this central authority, or oversee the key parts of the adoption process, will be considered to be acting outside the standards of the Convention.

Q: Will intercountry adoptions from Guatemala be permitted after the United States has ratified the Convention?

A: As long as the systems and infrastructure required by the terms of the Convention are in place by the time at which the US agreement is ratified, intercountry adoptions from Guatemala will continue uninterrupted. The US authorities are currently working on the assumption that this will be the case. If the required changes are not made, there is likely to be some kind of disruption or even suspension of intercountry adoption procedures.

Q: Some American adoption professionals have said that it is in the interests of the children that adoptions be allowed to continue from Guatemala, and that the US authorities are prioritizing political concerns in preventing this. Is this the case?

A: There have been serious problems with the adoption procedures in Guatemala for a long time, and these problems are well documented. The terms of the Hague Convention on adoption propose solutions for these problems, and membership of the Convention would allow for the provision of resources for tackling them. The United States has a firm commitment to these reforms, and for this reason, has supported the Convention since its inception. Guatemala’s implementation of these reforms will provide a guarantee of safety and care for adopted children, and it is for this reason that the US is willing to suspend intercountry adoptions from Guatemala if the terms are not met.

Q: Why hasn’t the United States formally objected to Guatemala becoming a partner to the Hague Convention when other countries (including European countries) have?

A: A member-country of the Hague Convention is not permitted to formally object to the membership of another country unless it has ratified the Convention. As mentioned previously, the US will not be in this position until later this year. At this stage, a decision will be made as to an official view of Guatemala’s membership of the Convention. For the time being, the United States will continue to support the efforts of Guatemala to meet the terms of the agreement.

Q: What are the United States authorities doing to deal with this problem?

A: This year, both the US and Guatemala will be working to implement the requirements of the Hague Convention; and during this time, conversation between the two countries will continue. The United States has demonstrated a genuine commitment to these adoption reforms, and supports the efforts of all countries to put them into place. It is hoped that the outcome of these reforms will be an international system of adoption, with the needs and concerns of the children at its heart.

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