September 26, 2007 – According to the U.S. Department of State, during a recent meeting of the international community sponsored by the Hague Permanent Bureau, the Berger administration announced that as of January 1, 2008, the date on which the Hague Convention on Intercountry Adoption goes into force in Guatemala, all adoptions from Guatemala must meet Hague standards. This new rule affects all adoptions, including even pending adoptions filed before January 1, 2008. As of January 1, 2008, Guatemala will not process any adoptions to non-Hague countries, including the United States. Guatemala does not currently possess a functioning Hague-compliant adoption process. Even should a Hague-compliant system be established in Guatemala by January 1, 2008, the U.S. is not expected to come into full Hague compliance until April 1, 2008 or later.

If Guatemala proceeds as announced, all intercountry adoptions from Guatemala to the U.S. will therefore come to a halt on January 1, 2008, including “pipeline” cases where children and parents have been matched. At this time, the best-case scenario would be a resumption of U.S. adoptions from Guatemala on or after April 1, 2008, under a process with still-unknown procedures or timeline. In light of the recent Berger administration announcement, the U.S. Department of State is urging American families not to begin pursuing an adoption from Guatemala at this time. The Joint Council on International Children’s Services (Joint Council) and the National Council For Adoption (NCFA) concur with this recommendation, and advise prospective adoptive parents to refrain from accepting any Guatemala adoption referral from an adoption service provider who chooses to ignore the State Department’s warning. Adoptive parents whose adoptions from Guatemala are already in process should contact their adoption agencies for immediate guidance.

Tom DiFilipo, Joint Council president said of this announcement, “At the very least, Guatemala should allow pending cases to be processed under the current system, while the country makes its transition to a Hague-compliant system.” NCFA president Thomas Atwood added, “Guatemala’s failure to reform its intercountry adoption to Hague compliance is leading to a humanitarian tragedy, where hundreds, more likely thousands, of Guatemalan children will lose their chance for a loving permanent family.”

Joint Council and NCFA call on all adoptive parents, adoption service providers, and child welfare advocates to appeal to the U.S. Department of State and U.S. Congress, asking both bodies to request that the Guatemalan government allow pending adoption cases to be processed and completed under the existing process and law.

Since 1980, NCFA has been a leading voice among national adoption and child welfare organizations. NCFA is a research, education, and advocacy nonprofit that provides adoption information, promotes ethical adoption practices, informs public policy and opinion about adoption issues, and serves as a resource for women with unplanned pregnancies, adopted persons and their families, those seeking to adopt, and adoption professionals.

Joint Council on International Children’s Services is the oldest and largest affiliation of licensed, non-profit international child welfare organizations in the world. Its membership includes child welfare organizations, parent support groups, adoption agencies and medical specialists with an interest in creating permanent solutions for children in need. With a mission to advocate on behalf of children in need of permanent, safe and loving families, Joint Council promotes ethical child welfare practices, strengthens professional standards and educates adoptive families, social service professionals and government representatives throughout the world. For more information, visit www.jcics.org.