UPDATE ABOUT THE CNA

From ADA.

February 07, 2008

Even though the directors appointed by Colom were sworn yesterday and expressed their intentions to finish the registration process of all the adoptions started before the Adoptions Law became effective on December 31st., 2007, they did not show up today at the offices of the CNA. A group of lawyers met with the only director that thus far has not been removed, Rudy Soto, appointed by the Supreme Court of Justice. He told them that the directors Marilys Barrientos de Estrada and Elizabeth Hernandez de Larios have not communicated with him, and that there is no money on sight to pay for the expenses of the CNA.

The radio news programs announced today that the amparo filed by the lawyers against the registration form and the unnecessary investigation as a condition to issue the constancia was granted, but there has not been any official communication from the Amparo Court. We expect to get it tomorrow. The amparo is based on the unreasonable information that the CNA demands to register the cases, which can be used to delay the registration of the cases, arguing that such information needs to be verified. It is also illegal, because the law says "All notarial and judicial adoption cases that are still in process when the present law becomes effective, must be registered before the Central Authority, within thirty days for the registration of the cases, so they will continue being processed according to the law effective when they were started. The cases that are not registered within that time, will be resolved according to the procdure established in this law" It does not mention the right to demand information private and confidential, and to have to verify it before issuing the constancia that the case has been registered.

The PGN is set in not accepting since January 2nd., neither new cases nor resubmission of cases with previos, arguing that to do so, the constancia of registration is needed, and that it has to be signed by the three directors. Since the three directors are not working together and there is no way that they CNA can investigate the information provided, the stand still may last for a long time. That is why the amparo is needed, to put a stop to those unjustified delays, to make the CNA stop complicating the registration process and the PGN to admit for review all the cases that have been registered, without making up rules like the need of constancia signed by three directors, when a simple copy of the registration form with the receipt seal stamped by the CNA would be more than enough.

New From the DOS

Guatemala: Registering In-Process Cases with the National Adoption Council

January 2008

The adoption law passed by Guatemala’s Congress on December 11, 2007, permits notarial adoption cases initiated before its effective date of December 31, 2007, to be completed under the old notarial process, provided those cases are registered with the National Adoption Council (CNA), Guatemala’s Hague Convention Central Authority for adoptions, within 30 business days after the effective date of the law. Unless a case has already received a favorable opinion from the Guatemalan Solicitor General’s office (PGN), it still needs to be registered with the CNA to be eligible for processing under the old law. The Embassy, therefore, recommends that prospective adoptive parents confirm with their Guatemalan legal representatives that this registration "Aviso" has been filed with the CNA for their adoption case.

Following receipt of the “Aviso” by the CNA, they will issue a confirmation of registration (“Constancia”). Cases are considered registered and pending only if a “Constancia” has been issued. Filing the “Aviso” with the CNA before February 12, 2008, should be sufficient to register the case, even if there is a delay in issuing the “Constancia.”

Prospective adoptive parents should be aware that the Government of Guatemala is engaged in establishing the CNA and that the definition of “registered case” is still subject to change. Prospective adoptive parents 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.