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. 

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.

 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.

The Mid-Autumn Festival is one of the most important holidays in the Chinese calendar. It is a celebration of family and referred to as “Family Reunion Day.” Falling on the 15th day of the 8th lunar month, the Mid-Autumn Moon Festival is a Chinese celebration of abundance and togetherness. This year the Mid-Autumn Moon Festival is celebrated today, September 25th, 2007. This is considered the ideal time when the moon’s orbit is at its lowest angle to the horizon, making the moon appear at its fullest and brightest.

To the Chinese, this festival is similar to the American Thanksgiving holiday, celebrating a bountiful harvest. Compared to many Chinese festivals that are inundated with vibrant colors and sounds, the Mid-Autumn festival remains more subdued. It is traditionally celebrated outdoors under the moonlight where people eat moon cakes and gaze at the moon.
Traditionally, Chinese family members and friends will gather to admire the bright mid-autumn harvest moon. On this day people will look up at the full silver moon, drinking wine to celebrate their happy life or thinking of their relatives and friends far from home, and extending all of their best wishes to them. Family members throughout the world are united under one moon.

Effective August 6, 2007, the U.S. Embassy in Guatemala will require a second DNA test, to verify that the adopted child for whom an immigrant visa is being requested is the same child matched at the beginning of the adoption process with the birth parent. The Embassy is taking this step in response to concerns about the unregulated adoption process in that country. The Embassy already requires one DNA match between a relinquishing parent and prospective adoptive child as part of the immigrant visa process for Guatemalan children adopted by American citizens. This new procedure will apply to adoption cases finalized by Guatemalan authorities and submitted to the Embassy on or after August 6th.

The United States supports the highest standards of practice in international adoption. Due to concerns about the Guatemalan adoption process, the U.S. government must apply an extraordinary level of scrutiny to adoption cases there. This second DNA test will confirm that the child applying for the visa is the same child originally matched with the birth mother who voluntarily consented to the adoption. The first DNA matching test typically occurs a number of months before the adoption process is completed and the visa is issued.

We support the efforts of the Government of Guatemala to reform its adoption process to meet its obligations as a member of the Hague Intercountry Adoption Convention. The Hague Permanent Bureau’s international advisory group of experts, including U.S. representatives, are providing technical assistance to the Government of Guatemala as it works toward implementation of a Hague Convention-compliant adoption process.