Does the current adoption system in Guatemalan adequately protect all parties involved?
The short answer is no – not as it currently is applied; however, existing Guatemalan laws prohibit most of the fraudulent actions that are alleged to occur (e.g., false or altered documents, coercion of birthmothers) and US immigration law prohibits others, such as financial incentives to birthmothers. What is lacking is rigorous and consistent enforcement of these existing laws and prosecution of offenders, as well as adequate vigilance on the part of the Guatemalan and US governments. The DOS and Adoption Reform in Guatemala The DOS currently is pressuring Guatemala to enact adoption laws that adhere to a very narrow and restrictive interpretation of the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption ( Convention ). Unfortunately, the type of reforms that the DOS currently supports go far beyond those that would be necessary for Guatemala to comply with the Convention. The Convention requires party nations to have a governmental ag
