From a report in the Friday, April 29, 2011 edition of The Guatemala Times titled CICIG requests explanation from US Senator Landrieu regarding illegal adoption comments in Guatemala:
The Guatemalan media edition of Prensa Libre, dated 26 April 2011 (pages 4 and 5), published a story about the visit of U.S. Senator Mary Landrieu which reads: “Landrieu said she does not share all of CICIG´s findings presented in a report in late 2010, detailing abnormalities in the adoption processes which are still in transition between the previous and the current law.”
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CICIG informs the public opinion that the report is a result of the work of a team of professional experts who analyzed for 18 months over 3,342 notarial notices from the records of the Attorney General’s Office (PGN) related to adoption processes: 1,412 issued by the PGN and the National Council on Adoptions (CNA); 879 requests and protection measure processes from the Youth and Children Courts; and 153 declarations of adoptability issued by the Courts of Children and Adolescents. Furthermore, more than 50 criminal investigations conducted by the Public Ministry (MP) were analyzed in relation to the crime of trafficking in persons for illegal adoption.
From the analysis of the data gathered, it was found that over 60% of the processes for adoption contained abnormalities such as theft and illegal purchase/sale of children, threats and deception to biological mothers, and forgery of documents to carry out “adoption processes” both before and after the entry into force of the Adoption Law (31 December 2007). In many cases there are multiple and clear indications that the illegal procedures were promoted by transnational organized crime who acted along with the participation or acquiescence of state officials. Currently, the Public Ministry investigates more than 325 adoption processes which present serious irregularities.
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Moreover, specific cases were identified in which the representatives and/or facilitators of international adoption agencies in Guatemala were aware of the illicit origin of the children placed for adoption and yet continued illegal processes through altered DNA tests, deception and threats to biological mothers, and the use of forged documents.
CICIG supports that the international adoptions are an option of life for those children who need it. However, given that the pending processes have serious irregularities, CICIG supports the position of PGN, CNA and MP – competent institutions on the issue – and in particular promotes that each adoption process approved individually, as a minimum, should establish the following: (1) lawful origin of the child; (2) ratification of the biological mother´s consent; (3) determination of paternity through DNA testing; and (4) veracity of the identity of the child and the mother.
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