Aragón & Aragón / Guatemala Law Firm

With the purpose to create a legal ordering that regulates the interest superior 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 Congress of the Republic, approved Decree 77-2007, “Law of Adoptions”. (Author: Hector Solis in name of Department of Social Communication, 11/December/2007, 17:24).

This legal norm is obligatory since the 31th of December of 2007, and establishes that the adoptability must be determinated by a Judge of the childhood and the adolescence, 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 its family. It has like fundamental objective, 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 the State of Guatemala, the obligation to protect and represent the child, and to guarantee the total enjoyment of their rights and specially to avoid his subtraction, sale, traffic, as well as any other form of operation or abuse, sometimes illegal and unethic.

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 right such in the country that 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 familiar unit.

The adoption is a social institution of protection, reason why it is prohibited:

• The obtaining of illegal, material benefits or of 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 its son or daughter, unless is the son of the wife or of the family substitut,e 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 “law of Adoptions”, 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 Secretarie of Social welfare 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 to the homes of 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 processes adoption so that these are made in accordance with the law, with transparency, ethics and the standards internationally accepted; having the effect to lend consultant's office to the biological parents, the adoptants 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 to be 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 counted term of 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´s 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