Will Grandfathering Be Allowed? Governments Try To Sort Out Issues as Dec. 31 Deadline Looms BY marguerite paolino Just a few years ago, the rapid adoption process in Guatemala enabled American families to welcome children home after just a few months of waiting. Now, increased scrutiny resulting from accusations of unethical and illegal adoptions - and from discussion of highprofile Guatemalan legislation - has made delays and backlogs the rule. Both the U.S. and Guatemalan governments have issued multiple, often conflicting, statements about what will happen when Guatemala implements The Hague Convention on International Adoption, a treaty that addresses child trafficking and unethical adoption practices. The Guatemalan Congress is expected to pass legislation soon that would tie its adoption process to Hague Convention standards, by Dec. 31. Some Guatemalan officials have said no adoptions would be processed after the Hague legislation is passed and that even those adoptions already underway would be halted. However, as of press time, many adoption advocates and U.S. authorities believed that in-process adoptions would be allowed to move forward. On Nov. 8, the U.S. Department of State announced that the Guatemalan legislation is expected to include a transition provision that would allow pending cases to be processed under current law. "In our experience, in these kinds of situations, people are 'grandfathered,'" said Vicki Peterson, executive director of Wide Horizons for Children, a Waltham-based adoption agency. "We won't know with absolute certainty, until a very formal announcement comes from the Guatemalan government, or we start seeing children come home after December 31. But I certainly feel that people who are in-process now have reason to feel optimistic." According to the Joint Council on International Children's Services, which advocates for high standards of ethical practice in intercountry adoption, the legislation proposed by members of the Guatemalan Congress in November will Contain a "grandfather" clause to allow in-process adoptions to move forward; Name April 30 as the date for implementation of the Hague Convention; Set aside funds to create a central adoption authority and funds specifically for child welfare services; Create a government entity act as the Central Authority overseeing adoption; Allow private, non-profit, accredited entities to service children; Provide for singles to become adoptive parents; and Create a process for finding permanent families for children. Kevin Kreutner, a spokesperson and lead writer for www.guatadopt.com , a news and information Web site run by adoptive parents, said his sources in both countries lead him to believe Guatemala will allow most of the in-process adoptions to proceed. However, he acknowledges that, depending on how the government decides to define "in-process," some families may be excluded. He is critical of The Hague Convention on International Adoption, although he believes it was drafted with the best of intentions. The legislation is designed to address many concerns, including allegations of payments to birth mothers, fraudulent documents, stolen or nonexistent children, and corrupt officials. "The Hague has been a compete failure in my eyes," Kreutner said. "It was supposed to create more transparency and make it easier for children to achieve permanency. The actual effect is to close countries down [to future adoptions]." Prior to this change, Guatemala was one of the top country choices for international adoption in the United States.