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email Intercountry Adoptions and the Hague Convention: Guatemala
The United States intends to ratify in 2007 the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. When the Convention enters into force for the U.S., all intercountry adoptions between the U.S. and parties to the Convention must comply with the Convention, the Intercountry Adoption Act of 2000 (the IAA) and applicable regulations.
For adoptions between the U.S. and any Convention country, U.S. law will require that, before issuing an immigrant visa to the adopted child, U.S. consular officers certify that the adoption was completed according to the Convention. The Convention requires that certain key adoption functions in the child’s country of origin be performed by that country’s Central Authority directly, by other public authorities, or by accredited adoption service providers.
For purposes of international law, Guatemala has been party to the Convention since March 2003. Guatemala has not implemented the Convention and its adoption system does not currently assign Convention functions in the manner prescribed by the Convention. If the Convention enters into force between the United States and Guatemala before Guatemala has implemented the Convention, it would be difficult to complete adoptions between Guatemala and the U.S. This situation would most hurt Guatemalan children in need of permanent family placements. The United States seeks to avoid this situation.
The Department of State notes that U.S. adoption service providers that already assist or are considering assisting with intercountry adoptions between the U.S. and Guatemala should consider this information when making decisions on whether to seek accreditation under the IAA.
Additional information on U.S. implementation of the Hague Adoption Convention, and on intercountry adoption from Guatemala, can be found on the Department of State website at: www.travel.state.gov. Further information on the Hague Adoption Convention is available from the Hague Permanent Bureau’s website at www.hcch.net.
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