Aragon & Aragon (Guatemala Law Firm / Abogados en Guatemala)

General aspects of the new Adoptions law in Guatemala

Says the law that "With the purpose to create a legal ordering that regulates the superior interest of the child as opposed to any other, and to respect the main principles contained in the doctrine of integral protection of the childhood, so that exists an agile and efficient procedure, the Plenary Session of the Republic Congress, approved Decree 77-2007, “Adoptions Law”. (Author: Hector Solis in behalf of the Social Communication Department, December 11, 2007, 17:24).

This legal norm is obligatory since December 31st of 2007, and establishes that the adoption must be determine by a childhood and the adolescence Judge, after a legal process that examines the social aspects, psychological and medical of the child and the impossibility of the reunification of this one with his family. It has as fundamental purpose, the restitution of the right to a family and the integral development of the child.

The Decree 77-2007, indicates that it will correspond to Guatemala State, the obligation to protect and represent the child, and to guarantee the total enjoyment of his rights and specially to avoid his subtraction, sale, traffic, as well as any other form of operation or abuse, sometimes illegal and unethical.

When a foreign family initiates the proceeding of adoption of a Guatemalan child, the Central Authority will have to make sure that the adopted minor will enjoy his rights such as in the country where is going to reside.

In addition, the poverty situation of the parents does not constitute reason to give in adoption a child. The State must promote and facilitate the creation of policies, institutions, programs and services of support that the conditions of life improve and promote the family union.

The adoption is a social institution of protection, and the reasons why it is prohibited:

• Obtaining illegal and material benefits or another class, for the people, institutions and authorities involved in the adoption process; including a the relatives within the degrees of law of the adoptant or the adopted one.
• To the parents or legal representatives of the child, to arrange specifically who will adopt to their son or daughter, unless is the son of the wife or of the family substitute that previously has adopted it.
• To the adoptive parents to have the organs and weaves of the adopted one to illicit aims.
• That the consent for the adoption is granted by a minor, father or mother, without judicial authorization, among other aspects.

The “Adoptions laws”, creates the National Council of Adoptions (NCA), like an independent organization, of public right, with legal personality, own patrimony and total capacity to acquire rights and to contract obligations, this will be the Central Authority in accordance with the Agreement.

The Directive Council will be integrated in the following form:

• A representative designated by the Plenary session of the Supreme Court of Justice.
• A representative designated by the Ministry of Outer Relations.
• A representative of the Social Welfare Secretary of the Presidency.

The functions of the directors will be to develop policies, procedures, standards and directive lines for the adoption procedure.

To the previous, the NCA, is responsible for the recruitment of possible adoptive parents in Guatemala. This Central Authority must make the studies of the homes for the possible adoptive parents and maintain a list of those who can be eligible and suitable to adopt.

In addition, the Multidisciplinary Equipment is the unit of the Central Authority that advises the performances in the adoption process so that these are made accordance the law, with transparency, ethics and the standards internationally accepted; having the effect to lend consultant's office to the biological parents, the adopters parents and the relatives of the child, as well as to the institutions or authorities whose consent is necessary for the adoption process.

The private organizations dedicated to protect the children will be authorized and registered by the Central Authority. Another one of the aspects of this norm, is that after being declared the adoptability by the Judge of the Childhood and Adolescence, the Central Authority, will make the selection of a suitable family for the child in a period of time within 10 days from the adoption request, being due to give priority to its location in a family to national level.

In case the impossibility is determined to carry out the national adoption, subsidiary will be made the proceeding for the international adoption, always and when it responds to the superior interest of the child, among other aspects.

In Aragón & Aragón we can advice the legal procees of the adoption, provinding the interested family an legal service trustfull and ethic, contact us.