Country Requirements: Guatemala
Number of Adoptions in 2006: 4093
GUATEMALAN ADOPTION AUTHORITY: The Social Services Agency Bienestar Social has been named Hague Convention Central Authority for Guatemala. The Guatemalan Solicitor General’s Office (Procuradoría General de la Nación, PGN) is also an adoption authority in Guatemala. Adoptions must be finalized through the PGN.
ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Under Guatemalan law, prospective adoptive parents may be married or single and must be at least 18 years old. There are no requirements for an age-difference between the prospective adoptive parent and the child. There are also no disqualifying medical ineligibilities.
RESIDENCY REQUIREMENTS: The Government of Guatemala has no residency requirements for prospective adoptive parents.
TIME FRAME: Based on the results of a survey conducted by the U.S. Embassy in 2005 of prospective adoptive parents, an adoption of a Guatemalan child takes on average 9 and a half months from start to finish. Since the introduction of the requirement for a second DNA test in August, 2007, up to two weeks of additional processing time should be expected. (See chart below).
ADOPTION AGENCIES AND ATTORNEYS: Since 1977, adoptions are handled as an administrative matter and attorneys and notaries participate in all aspects of the adoption process within Guatemala. The U.S. based adoption agency serves as the adoptive family’s agent, and the Guatemalan attorney serves as an agent for the adoptive family’s agency. Therefore, prospective adoptive parents should be kept informed of all aspects of the identification, care, and adoption process of their prospective adoptive children by the U.S. based adoption agency or agent.
If prospective adoptive parents have hired an agency in the United States to assist in the adoption, the agency is responsible for keeping them informed about their case. Prospective adoptive parents should ask their agency for the name(s) of their attorney(s) and whether anyone in the attorney’s office speaks English, etc. The United States Government is not in a position to inquire on individual adoption cases from the Guatemalan authorities.
Some families have worked directly with an attorney in Guatemala instead of an intermediary agency in the United States. Unfortunately, some parents have experienced problems working directly with Guatemalan attorneys, and prospective adoptive parents are encouraged to research their options before selecting an attorney. The best method of finding a competent attorney is to obtain referrals from families who have had satisfactory experiences working with a specific attorney. The U.S. Government cannot assume responsibility for the professional ability or personal integrity of Guatemalan attorneys.
Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed. By spring 2008, you will also be able to determine whether an agency has been accredited or approved under the standards of the Hague Adoption Convention.
Please see Important Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web site travel.state.gov.
ADOPTION FEES: The Solicitor General’s office (PGN) does not charge any fees for adoptions. Based on the results of a survey of prospective adoptive parents conducted by the U.S. Embassy in 2005, families should expect to pay an average of $27,000 (in a range from $17,300 to $45,000) to adopt a Guatemalan child. According to Guatemalan press reports, some Guatemalan lawyers charge up to $35,000 for each adoption. One lawyer quoted in the local press said that he earns between $15,000 and $20,000 per adoption.
Please please please…anyone who is going to adopt a Guatemalan child…do NOT pay the court bribes to move the process along faster. My son worked for two years in the orphanage run by his parents-in-law and we now know first hand how difficult this practice makes it on the adoptive couples and the orphanages who cannot afford to do this. As painful as it is to have to wait longer, it is just a self-perpetuating cycle that is going on there.