New International Adoption Programs Open

Adoption STAR, Inc. A NYS authorized non-profit adoption agency and Hague accredited adoption service provider.

Adoption STAR, Inc. Is pleased to announce the opening of 4 new international adoption programs in:

Hungary, Bulgaria, Haiti and Jamaica

Interested parties should contact them directly at

Adoption STAR, Inc. 47 Plaza Drive Williamsville, NY 14221

Main Office 716-639-3900

Fax 716-639-3700 Toll Free 866-691-3300  

 

Website       www.adoptionstar.com 

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HAGUE ADOPTION CONVENTION FACT SHEET

New Forms and Centralized Review for Intercountry Adoptions

Background

The Hague Adoption Convention is a treaty, which enters into force with respect to the United States on April 1, 2008. The Hague Adoption Convention strengthens protections for children, birthparents and prospective adoptive parent(s), and establishes internationally agreed upon rules and procedures for adoptions between countries that have a treaty relationship under the Hague Adoption Convention (Convention countries). It ultimately provides a framework for member countries to work together to ensure that children are provided with permanent, loving homes, that adoptions take place in the best interests of a child, and that the abduction, sale or traffic in children is prevented.

Forms I-800A and I-800

Two new USCIS forms are introduced for use in a Hague Adoption Convention adoption: Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, and Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative. These forms and the instructions to the forms are available on the Internet at www.uscis.gov.

A prospective adoptive parent files Form I-800A to initiate the immigration process when the prospective adoptive parent is a U.S. citizen and intends to adopt a child who habitually resides in a Hague Adoption Convention country. Form I-800A and supporting evidence are required for USCIS to determine the eligibility and suitability of the prospective adoptive parent(s) to adopt a Convention child.

After approval of Form I-800A, and after an adoption placement has been proposed, the prospective adoptive parent files Form I-800. In adjudicating the I-800 form, USCIS assesses the eligibility of a child who habitually resides in a Hague Convention country as a Convention adoptee prior to adoption by a U.S. citizen prospective adoptive parent. Form I-800 and supporting evidence are required for USCIS to determine the child’s eligibility for classification as a Convention adoptee.

Centralization

USCIS will launch a new business process to streamline the adjudication of Form I-800A and Form I-800 under the Hague Adoption Convention. Effective April 1, 2008, USCIS will establish a special unit that will process all Hague intercountry adoption applications and petitions at the USCIS National Benefits Center (NBC). This special unit will also provide customer service support to prospective adoptive parents who have filed Form I-800A or Form I-800. The new centralized business process does not apply to Form I-600A, Application for

February 29, 2008 Office of Communications

Advance Processing of Orphan Petition, or Form I-600, Petition to Classify Orphan as an Immediate Relative.

General Filing Instructions

Form I-800A: On April 1, 2008, there will be an interim filing procedure in anticipation of a future direct mail program. In late 2008, USCIS will announce the effective date and mailing address for the future direct mail program. Until that time, the following filing instructions should be followed:

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Adopting a child from a non-Convention country

 

If the child being adopted is from a non-Convention country, then the Hague Convention does not apply to the case. The adoption will therefore be processed under existing U.S. immigration regulations governing orphan adoptions.

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Hague Adoption Convention: Use of Orphan Process for Transitional Cases

Prospective adoptive parent(s) who file Form I-600A or Form I-600 prior to April 1, 2008, may continue to process their adoptions under the current orphan regulations, if the laws of the country of the child’s origin allow for continuation under the orphan regulations.   Note that some countries may require processing under Hague Adoption Convention rules regardless of when processing with USCIS was initiated.   In such cases, the adoption needs to be processed under the new Hague Adoption Convention procedures. 

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Leslie came to do our home study very early on in our adoption journey and we knew we had made a new friend.  We are greatful for having her help during the entire process.  She was a huge support to us both professionally and as an adoptive mother.  Even though our adoption is now complete, Leslie is always there to answer any new parent questions or just be happy for us.  She is a huge source of strength and knowledge about all aspects of adoption and parenting.

Kim and Mike

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KOREA: New attention to post placement

The case of a Hong Kong-based Dutch diplomat and his wife, who relinquished their Korean-born daughter seven years after her adoption, claiming that she was “emotionally remote,” has generated outrage in Korea. Korean adoption officials are considering instituting a requirement that post-placement reports be filed with the country’s government, as well as tighter controls on private adoptions.

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Guatemala National Council for Adoptions Ends Registration Period

The Guatemala National Council for Adoptions ended the registration period for transition adoption cases on February 12, 2008. There were close to 3,000 cases were registered under the ‘new’ system. It is believed that the 3,000 registrations include most of all the adoptions initiated under the Notarial system.

An individual adoption case is considered registered provided the aviso filed with the National Council for Adoptions (CNA), has been stamped (with a number) and signed. The CNA is currently developing a database of all registered cases. Once completed, the CNA will provide the database to PGN. It is believed that PGN will begin processing cases upon their receipt of the CNA database

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Guatemala: Registering In-Process Adoption Cases

 December 19, 2007

Since May 2007, the Guatemalan Solicitor General’s office (PGN) has requested that notaries notify the office within 10 days of initiating a new adoption case.  This notification is a 42-field information form called an “Aviso,” and it is filed together with a copy of the notary’s initial legal document linking the adoptive parents, the child to be adopted, the and relinquishing birth mother.  While failure to submit the notification does not legally jeopardize the adoption, it can slow down case processing if not submitted before the case is formally filed with the PGN. 

The adoption law passed by Guatemala’s congress on December 11, 2007 permits adoption cases initiated before its effective date of December 31, 2007 to be completed under the current notarial process, if those cases are “registered” with the new Central Authority for adoptions within 30 business days after the effective date of the law.  At this time, the Government of Guatemala has not formally defined what will be required to “register” a pending adoption case.  U.S. Embassy Guatemala has learned that the Government of Guatemala may consider the filing of the notification (“Aviso”) with the PGN as the “registration” required by the law.  The Embassy, therefore, recommends that prospective adoptive parents confirm with their Guatemalan legal representatives that this “Aviso” has been filed with the PGN for their adoption case.  Prospective adoptive parents, however, should be aware that other definitions of “registered case” are under consideration and should remain in direct contact with their adoption service providers to ensure that any requirements set forth by the Government of Guatemala are being met.

 

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Joint Council Update on Guatemala

       Date   November 7, 2007   

Guatemala - New Legislation Introduced

 Joint Council has continued to advocate for a rational and child centric transition to the Hague Convention in Guatemala.   

  • includes a strong ‘grandfather’ clause,
  • designates April 30 2008 as the effective implementation date of the Convention,
  • allocates $5 million Quetzales ($650,000 USD) for the creation of the Central Authority,
  • allocates a percentage of the total government budget for child welfare services
  • creates a new government entity to act as the Central Authority in Guatemala,
  • provides for private non-profit accredited entities to provide services to children,
  • allows single potential adoptive parents to apply for adoption,
  • and creates a functional process by which children can find a permanent, safe and loving family.

The new legislation is scheduled to be introduced to Congress early next week.  In line with our mission of advocating for the right of each child to a permanent family, Joint Council will continue to work with our colleagues in Guatemala towards a positive and child centric implementation of the Convention.  

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GUATEMALA 5000

 
Dear Friends, Guatemalan President Oscar Berger has announced plans to suspend all intercountry adoption with American families on January 1 2008.  The Joint Council on International Children’s Services strongly opposes such a suspension and asks for your support in their efforts to ensure that all children retain the right to permanency through Intercountry Adoption.President Berger’s plans also call for the suspension of adoptions currently in-process.  Such a suspension would be extremely detrimental to the children referred to adoptive parents.  If President Berger’s plan is actually implemented, up to 5,000 will unnecessarily remain in foster care or orphanages indefinitely.  This situation represents a pending crisis for the adoptive families who have lovingly chosen to provide permanency, safety and love to a child in need and most importantly a crisis for 5,000 children of

Guatemala.

What can you do?  Make six simple phone calls and one email. 1.       Call your U.S. Senator.  ·         You can find your Senators’ phone numbers at www.senate.gov ·         Ask to speak with the Legislative Director or Chief of Staff2.   Call your second U.S. Senator.3.   Call your representative to the U.S. House of Representative. ·         You can find your representative at www.house.gov

·         Ask to speak with the Legislative Director or Chief of Staff

4.       Call or fax UNICEF Headquarter·         Ask to speak with Ann Veneman, Executive Director·         Their number is 212-326-7000·         Their fax number is 212-326-7758 5.       Call or fax UNICEF Guatemala·         Ask to speak with Manuel Manrique·         Their number is 011-502-2327-6373·         Their fax number is 011-502-2327.6366Please note that calls and faxes to

Guatemala are international calls

 6.       Send and email supporting Intercountry Adoption to guatemala5000@jcics.org ·         Write briefly or at length·         Joint Council will use the cumulative email petition in our advocacy for Intercountry Adoption When should you call?  Tuesday, Wednesday, Thursday (October 9th, 10th 11th) 

·         For maximum affect, we are asking you to make these calls within a 72 hour window!   What should you say or write to member of the

U.S. Congress?

Speak from your heart and give them the following information.·         Inform them that you are calling regarding

Guatemala 5000 ·         Ask them to sign the Congressional Coalition on Adoption Institute (CCAI) sponsored letter to President Oscar Berger·         Ask them to sign the Joint Council on International Children’s Services sponsored letter to UNICEF·         Inform them that the Guatemalan government has announced that all intercountry adoptions with the

U.S. will be suspended on January 1 2008.
·         Inform them that President Berger’s announcement also indicated that there will be no ‘grandfathering’ of adoptions already in process.·         Inform them that if children referred to families are not allowed to be adopted, they will languish in institutions or foster care.·         Ask that their office get involved and sign the sponsored letters to the President of

Guatemala and UNICEF.  These letters ask that all adoptions in-process as of January 1 2008 be allowed to process to completion under the existing notorial laws.
 Sample Statement Hello,We are calling/writing on behalf of the

Guatemala 5000 Initiative.  We, as your constituents, are asking that the Senator/Congressperson add their signature to two letters.  First, the Congressional Coalition on Adoption Institute sponsored letter to Guatemalan President Oscar Berger.  Second, the Joint Council on International Children’s Services sponsored letter to UNICEF.

As you may be aware, the Guatemalan government has announced that all intercountry adoptions with the

U.S. will be suspended on January 1 2008. Their announcement also indicated that there will be no ‘grandfathering’ of adoptions already in process. If children referred to families are not allowed to be adopted, they will languish in institutions or foster care. Your office must get involved and sign the sponsored letters to the President of

Guatemala and UNICEF.  These letters ask that all adoptions in-process as of January 1 2008 be allowed to process to completion under the existing notorial laws.
 Sincerely, <your name and contact information> 

What should you say or write to UNICEF? Speak from your heart and give them the following information.·         Inform them that you are calling regarding the

Guatemala 5000

·         Ask them to support the right’s of children and lend their considerable influence to ensuring that intercountry adoptions currently in-process be allowed to process to completion under the existing notorial laws.·         Inform them that the Guatemalan government has announced that all adoptions with the

U.S. will be suspended on January 1 2008.·         Inform them that President Berger’s announcement also indicated that there will be no ‘grandfathering’ of adoptions already in process.·         Inform them that if children referred to families are not allowed to be adopted, they will languish in institutions or foster care.·         Ask them again for their support of the

Guatemala 5000 Initiative.
 Sample StatementHello,We are calling/writing on behalf of the

Guatemala 5000 Initiative.  As financial supporters of UNICEF (through our tax dollars), we are asking that UNICEF lends its support and considerable influence to the

Guatemala 5000 initiative.

 As you may be know, the Guatemalan government has announced that all intercountry adoptions with the

U.S. will be suspended on January 1 2008. Their announcement also indicated that there will be no ‘grandfathering’ of adoptions already in process. If children referred to families are not allowed to be adopted, they will languish in institutions or foster care. UNICEF must get involved and help ensure that all intercountry adoptions in-process as of January 1 2008 be allowed to process to completion under the existing notorial laws.

 Sincerely, <your name and contact information> 

Can you explain the problem behind the pending crisis?  Here is some additional information…·         Guatemalan President Oscar Berger has announced plans to effectively stop all adoptions into the

United States including those children who have already been referred to adoptive parents

·         Over 5,000 children have been referred ·         The birthparents for these children have already relinquished their parental rights.  As a result, they currently have no family and the Berger suspension will result in these children having no prospect for a permanent, safe and loving family·         The government of

Guatemala currently does not have the finances or facilities to even provide housing for these 5,000 children·         The Berger plan is a crisis waiting to happen  
What else can you do?  In addition to your primary calls to U.S. Congress and UNICEF, you can call the following. SOSEP (

Guatemala)

·         Director Teresa Echeverría de Bastarrechea 

Office Phone- 011-502-2383-8400  ·         Assistant Director- Edin Palma- Same office phoneOffice Phone- 011-502-2383-8400  ·         Jaime Tecu Office Phone - 011-502-2239-0000 ext 2766  Please note that calls and faxes to

Guatemala are international calls

 

Guatemala Ministry of Foreign Affairs·         Minister Gerth RosenthalOffice Phone 011-502-2410-0000, 2410-0010 ·         Vice Minister- Marta AltoaguirreOffice Phone  011-502-2410-0020   Please note that calls and faxes to

Guatemala are international calls
 PGN (

Guatemala)

·         Carlos Victor Hugo Barrios Barahona Office Phone 011-502-2248-3200 Ext. 207/208   Please note that calls and faxes to

Guatemala are international calls Procuraduria of Human Rights·         Dr. Sergio MoralesOffice Phone 011-502-2424-1717  Please note that calls and faxes to

Guatemala are international calls

Embassy of Guatemala in the

U.S.

2220 R Street N.W.
Washington, DC

20008
Office Phone  1-202-745-4952
Office Fax 1-202-745-1908
Website: www.guatemala-embassy.org/
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