Adoption From Guatemala - The State Department Says "DON'T"

In March 2007, the U.S. State Department issued a statement advising U.S. perspective adoptive parents not to adopt from Guatemala, citing that Guatemala's adoption process has "serious problems" which makes it difficult to assure that children, adoptive mothers and adoptive parents are protected.

The State Department listed its main concerns with the Guatemalan adoption process as being:

• Conflicts of Interest - We are concerned that Guatemalan notaries may determine a child's eligibility for adoption, authorize the adoption deed, and register the adoption at the Civil Registrar. In the same case, the notary or his/her staff may also directly interact with birth mothers, solicit consents for an adoption, and handle the referral of the child to prospective adoptive parents. The Department of State does not believe that the notaries, given these multiple roles, can truly act objectively and in the best interests of the various parties.
  



• Lack of Government Oversight - Despite these critical roles in the adoption process, the notaries are largely unregulated. Public oversight is minimal. Particularly in cases in which prospective adoptive parents are told that the birth mother relinquished her rights to her child voluntarily, the U.S. Government is concerned that social services to birth mothers are extremely limited and that their consents may have been induced by money or threats. Monetary incentives and high fees drive completion of the adoption more than protecting the children, the birth parents, and the prospective adoptive parents. The Department is aware of a growing number of cases of adopting parents who have told us that they are being extorted for very large amounts of money by their local representatives in order to complete an adoption.



• Unregulated Foster Care - Like the notaries, Guatemalan foster care providers are not regulated or checked by the Guatemalan government for compliance with any standards. Many Guatemalan foster families have demonstrated their love and concern for the children in their care, and American adoptive parents have expressed gratitude for how the foster families cared for the children while the adoptions were in process. Unfortunately, however, the Department of State is also aware of instances of grossly inadequate care for young children in foster home situations.; There are cases in which American adoptive families who have completed a Guatemalan adoption later learned that the foster care provider or others in the household had physically or sexually abused the children.



• Hague Convention on Intercountry Adoption - Guatemala has been a party to the Hague Convention since March 2003, but it has never enacted Hague-consistent legislation or instituted Hague-consistent practices that would provide children the protections that are now lacking. Guatemala has not established the required central authority to oversee intercountry adoption processing under the Convention and has not yet taken numerous other steps the Convention requires. The U.S. Department of State, the Hague Permanent Bureau (which oversees the Convention) and other countries have consistently expressed concern about these and other problems with Guatemalan adoptions. In fact, many Hague Convention countries have stopped adoptions from Guatemala.