Guatemala Status of Intercountry Adoptions and the Hague Convention




June 13, 2007


The U.S. Department of State continues to caution American prospective adoptive parents contemplating adopting children from Guatemala that the U.S. Government cannot recommend adoption from Guatemala at this time because of the ongoing problems in Guatemala’s intercountry adoption process. Although U.S. consular officers currently continue to process adoption immigrant visa cases, each case is now subject to greater scrutiny than in the past and the process may be slower as a result.

The U.S. Citizenship and Immigration Services’ (USCIS) office in Guatemala is taking up to 60 days to review initial documents and up to four business days to review final adoption documents. Please see their notice to the public. The consular section of the U.S. Embassy in Guatemala will generally issue appointment letters the day after USCIS completes its review of the final adoption documents.

The U.S. Government’s ongoing concern with the adoption process in Guatemala results from the lack of government oversight necessary to protect children and families. The USCIS field office in Guatemala has denied orphan petitions due to unlawful practices in Guatemala. These include cases where an imposter purports to be the biological mother of the child and where the biological parent(s) have been deceived and there has been no true relinquishment of parental rights. Several adoption service providers are under investigation in the United States. The Department of State is aware that criminal charges have been brought against adoption facilitator Mary Bonn and the adoption agencies, Reaching Arms International and Waiting Angels.

Activity of this nature violates U.S. law and is also counter to the principles of the Hague Convention on Intercountry Adoption which the United States intends to join this year. The Department of State applauds the May 22, 2007 act of the Congress of Guatemala in passing legislation approving the Hague Adoption Convention. The bill clarifies the legal status of the Convention within Guatemala, which had been questioned previously in Guatemalan courts.

This confirmation of Guatemala's commitment to the Convention and to protect children in the adoption process is an important step. However, Guatemala has much to do before its adoption process is fully consistent with the Convention. On March 1, 2007, the Vice President of Guatemala announced a “Manual of Good Practices” based on existing law and regulation concerning child welfare and adoption. The U.S. Government encourages the Government of Guatemala to continue such efforts to improve adoption processing and specifically put in place measures needed to implement the Hague Convention.

Upon the request of the Guatemalan Government, the Permanent Bureau of the Hague Conference on Private International Law (Hague Permanent Bureau) and several Hague Adoption Convention countries, including the United States, are engaged in a cooperative effort to provide Guatemala with technical assistance on the Convention. The Hague Permanent Bureau has invited the United States to participate in this effort and the U.S. Government has accepted. The U.S. Government supports this multilateral process and its goal of working with the Government of Guatemala and its Congress to meet its obligations under the Hague Convention.

When the Convention enters into force for the United States in early 2008, the U.S. Government will not be able to approve adoptions from Guatemala if Guatemala’s adoption process does not provide the protections for children and families required by the Convention.

For a description of some of the steps that Guatemala must take in order to meet its obligations under the Convention, please see “U.S. Law, the Hague Adoption Convention, and Guatemala,” dated May 16, 2007.

The Department of State also encourages interested persons to read in detail the Frequently Asked Questions (FAQ).

The Department will update our website travel.state.gov as new information becomes available. Our e-mail address is: AskCI@State.gov.