Friday, August 03, 2007

Here's the updated story as of Anne's visit in late July.

The story keeps changing, both because events keep moving forward (albeit slowly) and the details change when we're down there and asking questions.

People

K – Our adoption facilitator in Guatemala, runs agency started by her mother
R – K’s brother, attorney and notary
V and H– foster parents
Nancy Velasquez Velasquez– birth name of the baby, whom we’ll call Maria Anne back in the US
M Velasquez – birth mother, 15 when Nancy was born
D – M’s father
T - M's mother
T1 - M's older sister

Story

This might be simliar to the story below, but as we said, the details keep changing, so this is what we know right now. Of course, the next time we talk to the lawyers or visit we're sure the details will change again!

M and her Father D went to PGN. M's mother T did not go because she was giving birth to M's sister. This raised a red flag for PGN. In addition, M gave answers to questions about where the baby was born and that the facilitator had given her some money for the birth. We believe that M was scared and that she does not speak Spanish well.

However, because of the red flags, PGN ordered an investigation which took place September 2006. The investigator says that M and her mother stated that M is not the mother of Nancy, but that her elder sister is. According to the investigator, the family said that the sister had some paperwork inconsistencies on her birth documents (the ones we describe below) --her Uncle is listed as her father because her father was too young to have an identity card when the sister was born. By the time M was born the father had an identity card and is listed as the true father. It is impossible to know whether this actually happened or not, but we don't think that PGN's investigations are accurate. P, the Uncle, has testified in Court that the baby is M's baby and of course there is the DNA match.


If the maternity of the baby is not certain, than it would be difficult to ascertain who should relinquish rights to the baby. In addition, the family left the village after the investigation because of shame or harrassment, so that they aren't available.

Whether PGN has legitimate concerns here or whether this paperwork issue was fabricated as a rouse is impossible to know. Outsiders say that the agency has turned into an agency that limits adoptions, for political, nationalistic and job security reasons. PGN has been objecting to this adoption, interviewing the birth family multiple times and claiming that M said she was being coerced to give the baby up by our lawyers, and accusing our Guatemala adoption agency of paying the birth family for the baby.

After the last hearing, the Judge ordered PGN to submit their file and interviews. When Anne and Dick were in Guatemala, Dick was able to copy the PGN file so we were able to know what's in it. Our lawyers believe that the PGN file vindicates them (and us). They paid some birth expenses (which is typical in Guatemala so that the baby will be born in a hospital and not someone's home), but did not coerce M. In fact, in January when we heard that M could possibly want the baby, we and our lawyers offered the baby back. The grandfather, D, did not want the baby and has always maintained that they cannot afford to raise the baby of the minor daughter. He and his wife are still bearing children. The Uncle P has also testified that the family is too poor to raise another baby and that they want to give her up for adoption. No member of the family has seen the baby since she was 2 days old.

We now hear that the Judge is asking for PGN to support their petition to put the baby in a State-owned orphanage -- i.e to show proof that this would be better for the baby then going for an international adoption. We are hoping that the Judge will have compassion that a loving family, even if it is in America, is better for her than an orphanage.

It is our understanding that if the Judge rules in our favor, then he will issue a certificate of Abandonment (COA) in three weeks after he rules. With the COA, we start the adoption process over both with the American Embassy and the PGN. This time, the interviews in PGN would be with V. V wants the baby to come to us and has testified in Court that she thinks that the baby coming to us would be the best for the baby and how much we love the baby. Our lawyers think that our process could take 4 to 6 months after the COA is issued, so we still have a long road ahead of us.

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