Guatemalan Adoptions Questioned Families Facing Long Delays and DNA Testing & Possible, Ban Altogether By the End of 2007 by rosemary cafasso For many families planning to adopt a child from Guatemala, life is going to get more complex. The Szafran family of Duxbury. Recent statements from the United States Department of State have delivered a one-two punch to families and professionals in the Guatemalan adoption community. The first statement was released in March and said the State Department could not recommend Guatemalan adoptions at this time and cited "serious problems with the adoption process'' in that country. A second announcement came in early last month and stated that U.S. and Guatemala are committed to adoption reform in that country but pointed out that Guatemalan adoptions could be halted in the near future unless Guatemala begins implementing provisions of the an international adoption treaty known as the Hague Intercountry Adoption Convention. The United States is expected to ratify this treaty by the end of 2007. (See sidebar on page 48) The bottom line is if a family has a Guatemalan adoption underway, they will likely experience delays because the State Department has said it will more closely scrutinize every current case. Families just beginning the process can still move forward, but they do so now knowing Guatemalan adoptions could be stopped for a period of time, if the U.S. ratifies the Hague Convention as expected and Guatemala has not begun implementing provisions to also be compliant. For Massachusetts families and professionals within the Guatemalan adoption community, the State Department announcements have left them shaken but in some cases more determined than ever to forge ahead with their plans. Some Massachusetts families in the process of adoption say they could not consider changing their adoption plans because they are emotionally committed to their child. So, they are steeling themselves for longer waits. "I look at this as my daughter is coming home and there is no way that will not happen,'' said Kim Szafran of Duxbury. The Szafrans are in the process of adopting a girl from Guatemala. They began the process in August 2006, submitted a dossier in December and received a referral in February. The family heard in early April that the required DNA testing showed a match between this child and the birth mother. Several steps remain in the process before their daughter comes home and "we will deal with the delays as they come,'' Szafran added. To make matters even more challenging, families must contend with a mix of opinions swirling around the Guatemalan adoption community. While some local agencies said they won't abandon their Guatemalan programs, at least one Massachusetts agency said it will no longer recommend Guatemalan adoptions to any new families because of ethical concerns. Meanwhile, Wide Horizons for Children, Inc. in Waltham reports Guatemalan adoption applications are actually up in the first three months of 2007 from a year ago. "As long as there are children, who are legally free for adoption and in need of parents and as long as the adoption process is done legally, we are going to continue to approve people for adopting in Guatemala,'' said Vicki Peterson, executive director of external affairs at Wide Horizons. "There are definitely risks, no question about it. But there are children who need families.'' Peterson said the agency believes Guatemalan adoption applications are up for different reasons, including the fact that many families are "rushing to adopt now'' in anticipation of a possible shutdown because of the Hague Convention. Joan Clark, executive director of the Adoption Community of New England in Westboro said families should stay in close contact with their placement agencies and work with them to get the most current information on their cases. She also advised that families "do not get pulled into unsubstantiated talk on the Web. Many times Web or e-mail group information can be inaccurate or distorted and can cause unnecessary anxiety.'' Further, at least one international adoption advocate said the focus should not be on debating the State Department's depiction of fraud but rather on the need to help Guatemala institute adoption reform. The United States is expected to ratify the Hague Convention by the end of 2007. This international convention, or treaty, is intended to standardize best practices for adoptions in member countries. Once a country has ratified the treaty and implemented its provisions, it can not work with countries that have signed the treaty but have not yet ratified and implemented provisions. Guatemala, according to many observers, has a long way to go before it will have those provisions in place. That means adoptions between the U.S and Guatemala could stop once the U.S. is Hague compliant at the end of this year. "I think every organization is entitled to their viewpoint,'' said Thomas DiFilipo, president and CEO of the Joint Council on International Children's Services in Alexandria, Virginia. "If the State Department sees problems, then they have an obligation to say it. We are sticking to our position that the Guatemalan system needs to be reformed. Our focus needs to be on reform.'' DiFilipo said his organization is currently working with a variety of groups, from government officials and UNICEF representatives to attorney groups in Guatemala, to move reforms forward. "The issue should be how we get them Hague-compliant,'' DiFilipo added. "If adoption stops, it is the children who will suffer.'' The State Department's announcements come at a time when Guatemala has emerged as one of the top three countries for international adoptions. In fiscal year 2005, the State Department sreported 7,906 adoptions with China and 3,783 from Guatemala. There were 4,639 adoptions reported with Russia, which is not a Hague Convention Country. Families said they were drawn to Guatemala because of the culture, the close proximity to the United States for travel purposes, and the relatively short adoption process. The Guatemalan adoption process can take less than a year. What's more, Guatemala is not as restrictive in its requirements for adoptive parents' marital status, health, and ages as are some other countries. Local families and adoption professionals said the news of problems with the adoption system in Guatemala wasn't exactly shocking. Some families and professionals said they have heard rumblings of unethical practices although people interviewed for this story said they did not personally witness any such acts. "There is no question reforms need to take place,'' said Stephanie Mitchell, executive director of MAPS International, an adoption agency and humanitarian aid organization in Boston. Mitchell returned for a visit to Guatemala in early April. "We are working with one foster care group and one orphanage and I feel comfortable with the work that they are doing. I have heard stories of other kinds of situations, but I don't have any personal knowledge of it.'' "We have been there for many years and there have been lots of changes and our feeling is Guatemala is currently working hard on reforms,'' Mitchell added. But not everyone sees it that way. In fact, one Massachusetts family who has been in the process of adopting from Guatemala for nearly a year, said they would tell any new families to not consider Guatemala at this time. "I think the State Department warning is dead on,'' said John from Lunenburg, who asked that his family's last name not be used. "The situation is unstable and it is getting progressively worse." John and his wife Laura, who are currently working with an out-of-state placement agency, said they are experiencing unexpected delays and are growing frustrated with their agency and lawyers in Guatemala. Both said they would discourage any new families from considering Guatemala. "So far for us, nothing has been as it should,'' John added. A Red Thread Adoption Services, a Norwood based adoption agency that did the home study for John and Laura, is counseling families at the beginning of their adoption process not to pursue a Guatemalan adoption at this time. "In addition to agreeing with the cautions listed on the State Department Web site, the feedback we've had from parents and from my own sources in the past six months has increased my concerns regarding adoptions from Guatemala," said Leah O'Leary, executive director. "In the next several months, the State Department is expected to close Guatemala to Americans seeking to adopt because of non-compliance with the Hague Convention." O'Leary added. "When Guatemala closes, there are no guarantees that families in the process will be allowed to complete their adoptions. I would recommend that no family begin a Guatemalan adoption at this time." But for the families who have already committed to a child in Guatemala, there is no turning back. John and Laura said they traveled to Guatemala in September to spend time with their daughter and now can't imagine life without her. "She is our daughter now,'' Laura said. Another family, living in the greater Boston area, has begun the process of adoption for a second child from Guatemala. Their first child came home in October 2006 and the family wants her to have a sibling who shares her heritage. "We are trying to keep a positive attitude,'' said Sarah, who asked that her last name not be used either. She said she and her husband did not consider backing off their plans for a second child. Sarah said she and her husband started the process for a second child in January and tried to move as much of the up-front work along as quickly as possible. "We just completed the home study,'' Sarah added. "If it is meant to be, it is meant to be.'' Kevin Kreutner, a spokesperson and writer for the well-regarded Guatadopt.com Web site, said in a statement that people remain uncertain about the outcome of these recent events. "Adoption is stressful in the best of times,'' Kreutner said. "The process brings about many feelings of helplessness. Now that has become even more so.'' Rose Cafasso is an award-winning freelance writer from Massachusetts. One of her adoption articles last year won a national parenting award.