NEW letters available to the US Department of State and Congress in response to the passage in Guatemala of Bill 3217 (the "Ortega Bill")

Please see the FWB October 06 2007 Update


The organization:
Families Without Borders was formed in August 2003 in response to problems associated with intercountry adoptions (ICA) from Guatemala.  We are a group of adoptive families who devote our time and efforts to educate people about intercountry adoptions  and advocate that they be conducted in a safe and ethical environment.  We support efforts that  protect the right of children around the world to find forever families through legal intercountry adoption with an emphasis on  protecting children from victimization  by bureaucrats, unethical professionals, and misguided advocacy organizations.   Our mission began in Guatemala, but is not limited to ICA issues in that country.  Our current focus is to educate the public about intercountry adoption and the policies that are damaging to this esteemed method of family formation and the best interests of children throughout the world.

 Photo reprinted with permission from G. Giagnocavo,
Hands of Hope Mission, Guatemala

UNICEF's Stance on Intercountry Adoption Jeopardizes Children
One child advocacy organization that supports a misguided position on ICA that threatens the welfare of the very children they aim to protect is UNICEF.  The policies and rhetoric of UNICEF ignore the social, ethnic, and economic realities of many countries and advocate for reactionary legal reforms that restrict intercountry adoption to a point where children are forced to live in underfunded institutions rather than joining families abroad.  Families Without Borders believes that the over-riding goal of any ICA system should be for children to be raised in loving, permanent families without unnecessary delays.  As the name of our group reflects, we believe political and cultural borders should not be barriers to children finding forever families.  We believe that intercountry adoption sometimes provides the only viable option to provide a safe, secure, and loving home when a birthmother is unwilling or unable to care for her child and chooses to make an adoption plan, and when the social structure is inadequate or unavailable to care for this child in his native country.   This is especially true in Guatemala where there is no social structure available to care for "unwanted" children and birthmothers in need of assistance.


(Photo of doorway in Antigua, Guatemala by M. Meade-Callahan)
Click on the photo to see more

  • We have produced a 63 page document providing UNICEF's position statement on ICA as well as a detailed explanation of how this position is misguided.  We encourage you to read this document and share it with others.  It can be read and printed here.  However, please do not reprint portions of the document without permission.
  • We have outlined six positions on ICA that are held by UNICEF, and explained why those positions are not in the best interest of adoptable children in Guatemala.  We ask you to read the letter and send it to others who should be educated about these damaging positions UNICEF seeks to enforce worldwide.   The UNICEF sponsor letter with positions explained can be copied from this link.
  •  
  • We collect letters from adoptive families to share with those in Guatemala who question the quality of life of children adopted from their country to the US – a packet of more than 70 letters was sent to Sra. Wendy Berger, first lady of Guatemala (and adoption reform advocate) in Nov. 2005 with copies of 30 letters sent to Anne Veneman of UNICEF.  We will continue to collect and send letters periodically.  Watch for an announcement for our next letter drive.

 

UPDATES ON GUATEMALAN INTERCOUNTRY ADOPTION

Revised Letters Available (October 6, 2007)

Families Without Borders has revised its letters to reflect the developments of the last few days. Please review and print these letters via the links below. Note: We will be updating the website text below to reflect these events as time permits; however the links currently access the updated letters.

(October, 2007)



Families Without Borders is concerned about the potential effects of Guatemala's passage of Bill 3217 (the so-called Ortega Bill), on adoptions currently in-process and on the potential for future adoptions of Guatemalan children who need families. The US Department of State announcement about Guatemalan adoptions originally dated September 25, 2007 and revised on September 28 reports that Guatemala has declared it will cease all adoption activity for children in the process of being adopted by US citizens on January 1, 2008, regardless of the stage of processing. This declaration is consistent with Bill 3217 as passed on October 03, 2007. The Guatemalan government has effectively legislated that many of the thousands of children whose adoptions are now in process may be left without families: these children have already been relinquished by their birthfamilies, and now it appears that their prospective US families may not be able to complete their adoptions. Many of these families began their quest to adopt a child from Guatemala months or even years before DOS first voiced reservations about the adoption situation in Guatemala.


In the revised announcement, the DOS added that the US government is asking the Guatemalan government to allow pending adoption cases to proceed to completion without additional requirements.  We applaud this effort by our government to preserve the interests of the US adoptive families and Guatemalan birthmothers who have already entered, in good faith, into the legal process of adoptions in Guatemala, as well as to advocate for the interests of the Guatemalan children whose futures hang in the balance.  However, there is more that needs to be done.

(1)    We call up on the DOS to advocate unequivocally for Guatemala to:

a.     Set a FUTURE cut-off date after which newly initiated adoptions will be governed by new regulations, and

b.    Guarantee that adoptions in process as of that date will be governed by pre-existing regulations and will be completed in a timely manner

 

(2)    We demand that the DOS honor their frequent promises that they will continue to process Guatemalan adoptions, whether or not Guatemala is Hague-compliant, as long as the I600A is filed prior to the date that The Hague is in force for the US.

 

(3)    We implore the DOS to advocate for Guatemala to pass critical amendments to Bill 3217 (the so-called Ortega Bill).  We beseech our government to advocate for a grandfather clause that will allow all in-process adoptions to be completed under the regulations in force at the time the adoption was initiated, and in a timely manner. We feel that the Ortega bill as it stands now is likely to lead to a political and legal morass that will leave Guatemalan birthmothers and children with fewer options than they currently have, and will further restrict the options of US families who are eager to provide a loving home to those children.

 

Read and download the entire Families Without Borders response here.

Download and print a letter to send to the DOS about this issue here.

Download and print a letter to send to enlist the help and support of our Congress and Senate here.

We suggest that you send this letter by fax or email, since regular post must clear security and may take much longer to reach the intended recipient.

The letter may be personalized as you see fit.  However, at a minimum, please be sure to put your contact information in the letter, as well as your signature, and the proper address before sending it out.

    • To find the contact information for your US Senator, click here.
    • To find the contact information for your US Congressional Representatives, click here.

 

 

(April 07)

The United States is in the final stages of preparation prior to its entry into the Hague Treaty on Intercountry Adoption.  The final ratification is expected before the end of 2007, with the treaty put into full force three months after ratification.  The US DOS (new central authority) has stated that they will not object to Guatemala’s accession to the Hague Treaty, even though the Constitutional Court of Guatemala ruled that accession unconstitutional.  Guatemala, on its end, has chosen not to formally withdraw from the Hague Treaty, even though the accession was deemed illegal.  And the Constitutional Court of Guatemala has ruled that, although the accession into the treaty was unconstitutional, the President cannot be forced to withdraw.   What all this means is that, unless a Hague-compliant adoption law is passed in Guatemala, intercountry adoptions from Guatemala to the US will cease in 2007.

 

The US DOS has stated that it is working with Guatemala to pass a Hague-compliant adoption law, and has publicly endorsed the Manual of Good Practices in Adoption announced by the Vice President and First Lady of Guatemala in March, 2007 pending legislative changes.  Unfortunately, the law that has been spoken of, which was introduced by Jose Ortega,  is the same one endorsed by UNICEF.  This law, without proper government funding of the new Central Authority (a new role for PGN), addition of many staff positions, as well as social and cultural shifts in the country, will essentially halt adoptions from Guatemala.  It would, in fact, require that children be kept within Guatemala until it was proven that no family within the country could be found for them.  It would also eliminate the current private, Notarial system of adoption and private foster care in Guatemala. 

 

The DOS has also published on its web site many inflammatory and damaging documents, including a FAQ on Guatemalan Adoptions.  This document questions the veracity of all Guatemalan adoptions, past and present.  We find the DOS position on Guatemalan intercountry adoption to be inaccurate, inflammatory, and detrimental to the well-being of adoptable children in Guatemala.  Although changes in the current system of adoption are needed in Guatemala, drastic reforms which jeopardize all adoptions are not, in our opinion, warranted.

 

Families Without Borders has published a “white paper” analyzing the current DOS position on intercountry adoptions from Guatemala.  A pdf version of the file is available here.   We encourage individuals who are concerned about the DOS position to share this paper with their Senators and Congressional Representatives (see “how you can help” for links to contact information).  We have also constructed a cover letter which can be personalized and sent along with the white paper.  It can be accessed here.

How you can help:
We appreciate all support for intercountry adoption.

 

  • Send a copy of the Families Without Borders appeal letter to your Senator and Congressional Representative.   The position paper may be printed here.  You may wish to use the sample cover letter we have compiled addressing the specific concerns about the current DOS position.  The letter is available here and may be modified or personalized as you see fit.  We suggest keeping the entire letter down to less than 2 pages to make it more likely to be read.

 

  • Send a copy of the UNICEF sponsor letter to those who should be informed of the harmful UNICEF position on ICA.   This includes UNICEF corporate sponsors, individual donors, UNICEF celebrity representatives, UN Goodwill Ambassadors, and US Senators and Representatives (the US government is considering providing UNICEF with $130 million of your tax dollars in the FY 2004 federal budget).  We would like to encourage UNICEF to stop allocating their limited financial resources to efforts to curtail ICA in Guatemala and other countries.  The UNICEF sponsor letter can be copied from this link.
  • Sponsor a donor program:  Families Without Borders has compiled a list of all US UNICEF corporate sponsors, UNICEF celebrity representatives, UN Goodwill Ambassadors, US Senators and Representatives, as well as other individuals with concerns about Guatemalan Intercountry Adoption.  We would like to ensure that a professionally printed and bound copy of the document explaining the UNICEF position on ICA reaches each of these sponsors.  However, we have only raised sufficient funds to send out 100 copies.  Therefore, we are asking concerned individuals to sponsor the printing and mailing costs of sending one copy of the document to an identified UNICEF sponsor.  The cost for sponsorship of a packet is $10.00.  This donation covers the cost of printing, binding, shipping, and mailing of the packet, and approximately 10% of the sponsorship cost will be used to assist with operating expenses for this organization (upgrading web site, phone, mail, etc).  Click here to learn about Patriot Printers.  We have set up a paypal account to accept donations.  If you'd prefer to use a different method to donate, please contact us at: familieswithoutborders@yahoo.com for further information.  Please indicate in the message space if you are sponsoring a donor or would like to order packets for yourself (if the latter, please provide mailing information).

Access Paypal Account and Instructions Here

  • Sponsor a packet for your Senator or Congressional Representative.  It is important for senators and congressional representatives to hear the concerns of their own constituents.   The appeal of Families Without Borders will not be heard if it is not expressed by someone in a particular district.  If you have contact with a senator/representative and would be willing to forward our packet to them, please let us know (send email to: familieswithoutborders@yahoo.com).
  • Follow-up on packets that have been sent. Once sponsored packets are sent to UNICEF sponsors and interested individuals, the name and address of relevant contact person(s) at each organization will be posted.  We ask you to send your personal appeals to these individuals to indicate your concern for the situation and request that they read and consider the packet of information that has been sent.  The following UNICEF sponsors, Goodwill Ambassadors, and Celebrity Representatives have been sent information packets by Families Without Borders.  Packets sent
  • Join Families Without Borders.  A listserve will soon be established and announced on this site (or sent to those expressing interest) for those wishing to offer their help and expertise to Families Without Borders.

Organizations that help the children and families in Guatemala:
There are also various organizations that help desperately poor families in Guatemala, and children who are living in orphanages.  To find more about some of these organizations, visit:

Hands of Hope: a medical mission to help the rural poor of Guatemala
http://www.hands-of-hope.com/Default.htm

Orphan Resources International: dedicated to improving living conditions in orphanages of Guatemala
http://www.orphanresources.org/purpose_mission.html

Common Hope: Family Development in Guatemala
http://www.commonhope.org

Mayan Families: a volunteer organization in Panajachel, Guatemala with programs as varied as school sponsorship, emergency assistance to families, dental clinics, and animal rescue.  http://www.mayanfamilies.org

Only A Child: a non-profit organization that provides assistance to street children in Guatemala
http://www.onlyachild.org/

To Learn more about Adoption Issues from Guatemala
please visit:
Guatemala Adoption Information and News: http://www.guatadopt.com

Guatemala Adoptive Families Network: http://www.guatefam.org/
 

Contact us:
Please send email to:  familieswithoutborders@yahoo.com

www.FamiliesWithoutBorders.com

Mailing Address:

Families Without Borders

13524 Evergreen Way

Austin, TX 78737-9119

Phone:  512-479-9277

Updated: October 1, 2007