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08.12.08 ~ The following notice was posted on the State Department website (see below). EAC has begun making plans to accept transfer clients and is accepting requests to transfer cases, click here. Please email eacguatemala@gmail.com with any questions or concerns.

The statement issued by the State Department is as follows:
    NOTICE CONCERNING TRANSFER OF PENDING CONVENTION CASES TO ACCREDITED/APPROVED ASP

    Adoption service providers (ASPs) that have been denied accreditation or approval may have pending adoption cases that are now, or will likely become, Convention cases before they can be brought to a conclusion. Such ASPs are urged to transfer any such cases expeditiously to an accredited, temporarily accredited or approved ASP.

    ASPs that have been denied accreditation or approval should activate their plans for transferring pending Convention cases to accredited, temporarily accredited, or approved ASPs in a timely and transparent manner, including refunding fees to perspective adoptive parents for services not yet provided. (All ASPs that applied for accreditation or approval provided a plan pursuant to 22 CFR 96.33(e) for transferring cases in the event an agency cannot see them to completion Applicants for temporary accreditation were to have such a plan pursuant to 22 CFR 96.104(k).) Whether a transferred case may proceed on the same track it was on prior to the transfer to an accredited, temporarily accredited, or approved ASP will depend largely on the facts of the case, the requirements of the country of origin and the regulations of the state in which the new ASP is located.
If you are planning to transfer your Guatemala adoption to a hague accredited agency there are a few questions you will need to be able to answer:
  1. Family's name and contact information.
  2. Name, date of birth of the child and date adoption was initiated.
  3. Name of agency.
  4. Name of attorney, notary and facilitator.
  5. Was case registered with central authority? (If yes, we need the number from the stamp.)
  6. Is family court complete?
  7. Do you have pre-approval from the US embassy?
  8. Was case entered to PGN? (If yes, need PGN ticket number.)
  9. Was PGN's birth mother interview completed?
  10. If case was registered with correct central authority AND birth mother inteviewed by PGN, why is case NOT grandfathered under old law?
In related news, USAToday.com posted an article that touched on this issue.


11.05.07 ~ On Sunday, November 4, the people of Guatemala voted for Álvaro Colom to become their next president. He will take over from President Óscar Berger on January 14, 2008.

Now that the elections are complete, the Congress will continue to review the amendments for the new law, including the proposed "grandfather clause". We expect to know more in the next 1-2 weeks.

We expect the new law to be implemented some time after January 1, 2008. We look forward to resuming adoptions under this new legislation, although we must wait to see exactly how the new adoption law will affect prospective parents.


10.03.07 ~ Help! JCICS has organized a campaign to support the continuation of Guatemalan adoption. We are urging all families, regardless of the country you are adopting from, to join our call to action. From October 9-11, 2007, EAC is joining forces with Joint Council on International Children's Services (JCICS).

Visit jcics.org or email guatemala5000@jcics.org for a list of six simple calls and an email petition that will help make a difference. Please help with the Guatmala 5000 initative and share this information with family and friends. The time to advocate is now!

Thank you for your help.


09.26.07 ~ EAC is in the process of determining the validity of the statement issued by the United States Department of the State dated Tuesday, September 25, 2007.

There are many issues that have not reached resolution. This decision has the greatest impact on the current adoptions pending in Guatemala. We are hopeful that there will soon be a formal decision reached regarding the "grandfathering" of in-process adoptions.

It is our understanding that the Guatemalan government and the Department of State have been tediously working on the assembly of a Hague compliant adoption law in Guatemala.

The statement issued by the United States Department of the State is as follows:
    WARNING: The U.S. Department of State urges American citizens not to commence an adoption process from Guatemala at this time. Fundamental changes in Guatemalan and U.S. adoption law will take effect over the next six months. These changes are likely to inject considerable uncertainty into the adoption process.

    Guatemala has stated that it will become a Hague Convention country on January 1, 2008. Guatemalan officials have informed us that Guatemala plans to require cases pending or filed after December 31, 2007 to meet Hague standards, even if the adoption procedures commenced before that date. They have also informed us they will not process adoptions for non-Hague member countries after December 31. We understand this to mean that Guatemala will stop processing adoptions to the United States beginning January 1, 2008, until U.S. accession to the Hague Convention takes effect. Given the average time frame for completing an adoption in Guatemala, cases started now cannot be completed before January 1, 2008.

    When the Convention is in force for the United States, projected to occur in the spring of 2008, there may be a period of time during which we will not be able to approve adoptions from Guatemala, until Guatemala’s adoption process provides the protections for children and families required by the Hague Adoption Convention.

    The Government of Guatemala has confirmed its commitment to the Hague Adoption Convention, and is already working to amend its adoption law to conform to Hague requirements. However, the current adoption process in Guatemala is not consistent with the Convention. Designing and instituting new procedures will take time. The U.S. Government is working closely with the Hague Permanent Bureau and other interested governments to support Guatemala’s transition to meeting its obligations under the Hague Convention.

    American citizens pursuing adoptions in Guatemala are already encountering some delays in the process. As recently as August 2007, several dozen children who were to be adopted by U.S. citizens were taken into custody by Guatemalan authorities because of alleged irregularities in the adoption process and concerns about the care of the children. A court-ordered investigation is now underway.

    Several adoption service providers are under investigation in the United States, and at least one U.S. adoption facilitator faces prosecution in the United States. Under these circumstances, prospective adoptive parents face the real possibility that current, pending cases may be disrupted by legal investigations.

    The Department of State strongly recommends that prospective adoptive parents defer plans to begin an adoption in Guatemala until the legal and procedural issues described above have been resolved.
This statement was taken from the US Department of State's web site (travel.state.gov), To view the full statement, please visit the following link.


08.02.07 ~ New Requirement of 2nd DNA test
The State Department and Embassy has announced the new requirements for a second DNA test.

Any families who have a pink slip already will NOT be affected by this new requirement. Also, any cases submitted for pink BEFORE August 6 will not be effected.

Families are responsible for the 2nd DNA fee of $117.50.

For all cases with final documents submitted to the embassy on or after August 6th the procedure will be as follows:

  1. When attorney submits final documents to the embassy, he or she will be given a DNA embassy authorization form.
  2. DNA samples will be taken by embassy approved physician and sent to Labcorp.
  3. DNA results will be mailed to the embassy.
  4. Once DNA results are received by the embassy, they should be able to issue the pink slip the following business day.

This new procedure may cause a delay of several days to a week for the issuance of the pink slip.


06.28.07 ~ Guatemala Program Update
Guatemala has recently approved the Hague as an "adoption law of the land." Implementation of the new Hague procedures will be January 1, 2008. The congress is working on a Hague compliant new law that we hope will be passed and later implemented. As of now, EAC is still accepting applications for our Guatemala program.

Any families who apply must submit a complete dossier on or before November 1, 2007 should expect a referral of a child before the laws change.

Families should select a second country of choice in case there documents are not complete before the Hague comes into effect. Families should be aware of the potential delays and changes as they decide.


05.23.07 ~ On Tuesday May 22, 2007, the Guatemalan Congress held a special session, during which, the Hague Convention was reaffirmed. Included was an amendment creating an effective date of January 1, 2008. This reaffirmation sets the stage for implementation of the Hague Convention in Guatemala.

EAC is currently accepting applications for families who wish to complete their authenticated dossier no later than December 1, 2007. After January 1, 2008 we expect significant changes in the requirements and procedures to adopt from Guatemala. It is our current recommendation that all families complete and submit their dossier as soon as possible.

Once again, EAC is accepting applications and many babies are waiting for parents.


03.16.07 ~ Guatemala To Keep Adoptions Open Through Reform

Alexandria, VA - Legislation intended to reform the current international adoption system will be introduced in Guatemala early next week. The legislation puts into place much needed oversight and is in line with the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, an international convention signed and ratified by over 60 countries. "This legislation gives children the legal protections they need and also the continued opportunity to find love and safety through adoption" said Thomas DiFilipo, President of the Joint Council on International Children's Services (Joint Council).

According to DiFilipo "It is clear the Guatemalan Congress intends on passing the respective legislation this Spring. The best interest of each child is at the center of their efforts!" - Article courtesy of JCICS


03.07.07 ~ There are many agencies who do not have a history of completing their adoptions in a timely manner with cases processing in two or three years. Many of these cases may expire during the Hague process and experiences great difficulty during the Hague implementation. With the constantly changing rules it is important to deal with an ethical agency. EAC currently has no cases from acceptance of referral to receiving the PGN decree longer than 10 months.

EAC has completed 100% of their cases to date and the second longest case accepted June 26, 2006. First oldest - over 12 months.

EAC has only once case over twelve months and only one case between eight to twelve months from acceptance to PGN.


02.01.07 ~ EAC is continuing at this time to accept applications to our Guatemala program and feel that it is certainly feasible for a family to complete their adoption prior to the implementation of the Hague Treaty. Should the Hague be implemented sooner than expected by the U.S. Government, obviously this will have an affect on adoptions from Guatemala.

While acknowledging the number of issues with Guatemala's inter-country adoption process, EAC is continuing to aid families in achieving their dream of completing their families. While enduring this process all families'cases have been reviewed with extreme detail and far more scrutiny than in previous years. As a direct result of said issues, the timeframes in completing an adoption from Guatemala has been extended.


01.01.07 ~ Happy New Year! Our Guatemala program has picked right back up after the holidays. At this time the American Embassy, in Guatemala, assigns appointment dates to each family completing their adoption. These appointments will be on a Monday, Tuesday, Wednesday, or Friday. Visa packets are being issued the next business day following the appointment.
Check back soon for pictures of new Guatemalan arrivals!


12.15.06 ~ The United States is nearing completion of it's preparation to ratify the Convention and their goal is to do so in 2007. According to the Department of State - Orphan petitions (I600-A) filed prior to the Convention being enforced in the United States will not be subject to the new regulations implementing the Convention.
©2006 EuropeanAdoptionConsultantsInc.
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