I. Getting "Paper Ready"
There are several steps adopting parents must take in order to be "paper ready" to proceed with a Guatemalan adoption. First, the adopting parents must arrange to have a homestudy performed by a social worker and/or agency licensed in the state in which they reside. Second, parents must file form I-600A with USCIS (formerly INS) as the first step in receiving approval to classify the child you will adopt as a member of your immediate family for immigration purposes. Finally, parents will prepare their "dossier". The dossier is an accumulation of documents required to complete a Guatemalan adoption.
II. The Guatemalan Adoption Process
Once a family is "paper ready" to begin the Guatemalan adoption process, their dossier will be forwarded to the Guatemalan adoption attorney. A child will then be referred to the adopting parents. At the time of referral, the adopting parents are usually provided with photographs of the child, as well as general health information and laboratory test results. Upon accepting the referral, the adopting parents will execute a power of attorney authorizing the Guatemalan adoption attorney to represent them during all stages of the adoption process.
A. DNA
The U.S. Embassy requires DNA testing of the birth mother and child. This requirement ensures that the woman relinquishing the child is indeed the birth mother, and is for the benefit of all parties involved with the adoption. Our attorneys schedule DNA testing as soon as you accept your referral. DNA samples are taken in Guatemala and sent to a laboratory in the United States for testing. DNA results are provided directly from the laboratory to both the adopting parents and the U.S. Embassy. Upon receipt of the positive DNA results (indicating a match between the birth mother and child), the U.S. Embassy completes its evaluation and issues "pre-approval". U.S. Embassy visa pre-approval is essential in Guatemalan adoptions as it is required before the adoption case may proceed through PGN.
B. Family Court
As soon as the power of attorney is executed, your case will be entered into Family Court. It is very likely that your case will be submitted to Family Court during the same time period as the DNA process is being conducted. The social worker assigned to your case will review all of the documents related to the involved parties: the birth mother, the child and the adopting family. The social worker will interview the birth mother and visit with the child and his/her foster mother. Assuming that everything is satisfactory, the social worker will write a report recommending that the adoption proceed. Your case will then exit Family Court.
C. PGN
After your case exits Family Court and you have U.S. Embassy pre-approval, it will be submitted to Procuraduria General De La Nacion (PGN). PGN is tasked with ensuring that the requirements for adoption under Guatemalan law are met. As part of this process, your case will be submitted to a PGN reviewer for a determination as to whether all legal requirements have been met. Your reviewer will examine all of the documents that you submitted as part of your dossier, additional documents submitted by your Guatemalan attorney, the social worker's report and the U.S. Embassy visa pre-approval. If the reviewer determines that all of the documents are in order, the reviewer will sign off on the file and forward it for final approval. When final approval is granted, your case exits PGN. Shortly after your case exits PGN and the final paperwork is completed, the Guatemalan adoption process ends and you are legally the parent of a new son or daughter!
Our Family Is Complete!
12 years ago
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