Crisis Heats Up - Action Needed Today!

posted by Cheri on Thu. Oct 4, 2007
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Yesterday the Guatemalan congress passed the Ortega Law to regulate adoptions after January 1st. Kevin at GuatAdopt.com described this news as a kick in the gut, and I couldn't agree more.

I'll jump to how this affects the 5000 in-process cases first, then I'll back up and give some background information.  

Although the Ortega Law was NOT on the congressional agenda yesterday, it was pushed through by a privileged motion and eventually passed. As the bill currently stands, all adoptions not completed by December 31 will stop. Those cases may, or may not, be allowed to complete under the new requirements of the new system, which will take months (some say years) to implement.

The ray of hope for in-process cases (like ours) is that next Tuesday, Oct. 9th, the Guatemalan Congress will debate possible ammendments to the bill. The grandfather clause, which would allow in-process cases to be completed under the system in which they started, is one of the amendments to be discussed.

My heart is breaking for the tens of thousands of children, born after January 1st, who will be affected by this new legislation... but right now, I must focus on doing everything possible to ensure that Eliana, and the other 5000 cases in-process, get to come home! For that to happnen, the grandfather clause ammendment MUST be added to the bill on Tuesday!

The Guatemala 5000 Initiative call for action next week is TOO LATE (although it was fine when we believed the vote would come AFTER the November elections). Hannah Wallace of Focus on Adoption urges:

ALL adoptive families in process and their supporters must be notified to contact their congressional representatives on Thursday and Friday (by email, faxed letters and telephone calls) and ask them to urge the Department of State to assure that a grandfather clause is in place which allows every adoption to be completed under the law it started under.

Senators and Congressional Reps should be aware that our Department of State has urged the Guatemalan Congress to pass an adoption law which offers no plan for (1) funding adequately (2) child care (3) services to pregnant women and vulnerable children; and that the Guatemalan Congress will be discussing amendments on Tuesday Oct.9. The DOS should encourage amendments ...which include a realistic funding plan, child care plan, and prenatal, natal and postnatal services as well as a realistic way for existing child care facilities to be able to care for the children in their care (funding).

Families should call and fax the Department of State directly to urge support for amendments which could make this law more functional, as well as advocate for a grandfather clause and a delayed date for the law taking effect, so that fewer children will be at risk.

If you have been postponing sending your letters, faxes, and emails, or making calls, and signing the petition, PLEASE DO SO TODAY! You can find links to sample letters and contact information at the bottom of this post.

Below is some background information, but I urge you all to go to JCICS, GuatAdopt, and the ADA to really understand what is going on.

For months competing bills for a Hague compliant adoption system have been proposed in the Guatemalan Congress. Some bills maintained the good aspects of the current system, such as Bill 3635. Susana Luarca of the ADA hailed it as:

"a proposal that got the good of the Hague Convention and the good of the Guatemalan legal system... [It] establishes an administrative screening process of medical evaluation (and lab tests as well as DNA), psychological and social worker evaluations, an orientation by the Central Authority and a ratification by the birth parents of their consent to the adoption before a Family Judge, all that before the child is formally referred to a family. The result would be a stress-free adoption process, that starts with total certainty about the origin of the child, the full consent of the birth parents and more information about the birth family, than ever before."

Other bills, aimed at various compromises, received less attention.

And then there was the Ortega Law, which every source I trust warns could lead to the practical end of adoptions in Guatemala. Susana Luarca wrote about the Ortega Bill:

"The original version had a grandfather clause and allowed the notarial process. Last month... they introduced many amendments, eliminating the grandfather clause, the notarial process, the relinquishment by the parents, the private care of the children, among many others. The result is a recipe for disaster, where the children would have to wait for years before they can be adopted, and there are no provisions for their care. ...the way the Ortega Law is now, is like a prison where the children would never get out."

Many reasons, including millions of dollars pledged by UNICEF, have swayed the debate in one direction or another. But sadly, very few of the reasons seem to have the best interest of the children at their heart. I can't even begin to understand, let alone explain, how the Ortega Law - the harshest proposal of all - was passed into law.

The bottom line is, I am very very sad for the children who will be harmed by this law, and very frightened for my daughter.