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The United States Sponsors Seminar about The Hague Convention

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The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption

Guatemala, September 26, 2006

On Tuesday, September 26, 2006, the United States Embassy in Guatemala City sponsored a seminar about The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption for Guatemalan attorneys and notaries who are active in the adoption process. This year to date, nearly 3,000 Guatemalan children have been issued visas to immigrate to the United States with their new adoptive families.

The purpose of the seminar was to inform the audience about the United States’ implementation of the Hague Convention. The informational seminar focused on the United States’ obligations under the Hague Convention and the effects that the ratification of the Convention will have on adoptions in Guatemala by U.S. families.

The United States intends to ratify in 2007 the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. When the Convention enters into force for the U.S., all intercountry adoptions between the U.S. and parties to the Convention must comply with the Convention, the Intercountry Adoption Act of 2000 (the IAA) and applicable regulations.

For adoptions between the U.S. and any Convention country, U.S. law will require that, before issuing an immigrant visa to the adopted child, U.S. consular officers certify that the adoption was completed according to the Convention. The Convention requires that certain key adoption functions in the child’s country of origin be performed by that country’s Central Authority directly, by other public authorities, or by accredited adoption service providers.

For purposes of international law, Guatemala has been party to the Convention since March 2003. Guatemala has not implemented the Convention and its adoption system does not currently assign Convention functions in the manner prescribed by the Convention. After the Hague Adoption Convention enters into force for the United States, the U.S. government will not be willing to approve adoptions from Guatemala unless Guatemala’s adoption process is changed to comply with the Hague standards. This situation would most hurt Guatemalan children in need of permanent family placements. The United States seeks to avoid this situation.

Additional information on U.S. implementation of the Hague Adoption Convention, and on intercountry adoption from Guatemala, can be found on the Department of State website at: http://travel.state.gov. Further information on the Hague Adoption Convention is available from the Hague Permanent Bureau’s website at http://www.hcch.net.

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