There are dozens of US-based agencies which handle adoptions from
Guatemala. Choosing the right agency can make the difference between a
relatively problem-free and ethical process, and one fraught with delays
and serious questions about whether the agency and its foreign partners
operate with integrity. The process of choosing is complex; we hope
this document will assist you to choose well.
This document only covers issues related to evaluating a US agency's
Guatemalan adoption program. It is not designed to apply to choosing a
local or homestudy agency, to adoption from countries other than
Guatemala, or to agencies outside the US — though some of the
material may be useful in any of those situations.
In our view the first step in selecting a competent, ethical agency
is to ensure that it meets certain basic criteria:
In order to assess these issues we have developed a set of questions
(see below) which you can ask. You should of course add any of your
own.
Ethics, Fees, and Intermediaries
Ethical issues in Guatemalan adoption can be divided into three areas:
Ethical treatment of and relationship with the child and birth
family during the adoption;
Ethical dealings within and between the agency, attorney, and the
government offices involved in the adoption process; and
Ethical behavior of the agency toward its clients, adoptive
families.
While this guide cannot cover all of these issues in depth, we will
address the first at more length, and the others very briefly.
In our view the most important current ethical issue in Guatemalan
adoption is the way that children come into the adoption system and the
payments made to those making and maintaining contact with birthmothers.
Most attorneys pay "finders", also called intermediaries, to
locate and make contact with birthmothers who wish to place their
children for adoption, and to maintain that contact and provide
transportation and other services to the birth mother during the
adoption process.
This work is often handled by social workers in the US adoption
system. In Guatemala a few of the intermediaries may be trained as
social workers or similarly, but most have no professional training.
They are usually paid on a case by case basis. While exact data is not
available, our information is that their fees have risen from about
$2,000 per case about five years ago to $5,000 - $8,000 per case today.
In some cases there is a gender differential, e.g. fees of
$4,500 to $7,000 for infant boy cases and $7,000 to as much as $10,000
for infant girl cases. (While the high fees are routine, the gender
differential may not be, as only some of our sources have reported
it).
While the intermediaries do important and necessary work, the
extraordinarily high level of their fees compared to both the cost of
living in Guatemala and the total cost of an adoption; the rapid
increase in those fees over the last five years; and the fact that there
can be substantially different costs for boy and girl cases, all raise
significant ethical questions, including:
Where is the money going? Are the intermediaries simply getting
rich? Is it in some cases being used to pay substantial sums to
birthmothers (which would be illegal as well as unethical)?
Why are the intermediary fees so high, and to what extent does
competition between attorneys raise the fees artificially, leading to a
market approach to what should be a humanitarian service?
Similarly, why are the fees sometimes dramatically different for
boys and girls, and doesn't this also reflect an inappropriate market
approach?
At this time we believe that in order to make sure that the adoption
process is as ethical as possible, it is very important to look for an
agency which fully discloses how the intermediaries work on their cases,
how much they are paid, what they do with the money, and in general
where the money paid to the attorney goes. Much of the money is for
legitimate purposes such as the costs of the adoption process, foster
care, medical costs, family support, and the attorney's reasonable fees
and overhead. However, particularly given the questions related to the
intermediaries and the amounts paid to them, we believe strongly that
agencies and attorneys should routinely disclose to adoptive families
how these funds are typically spent (breakdowns for each individual case
would be far more difficult and should not be expected), and how they
ensure that money paid to intermediaries is justifiable and is used
properly.
At the same time, we must also acknowledge that you will find it
difficult to obtain this information because most agencies and attorneys
do not want to discuss the intermediaries, their role, or the way that
the substantial sums of money you pay to the attorneys are distributed
within Guatemala. Nevertheless, we encourage you to press the question
since some agencies may be able to answer it — a mark in their favor —
and others will begin to understand that it is important to do so.
If you can find an agency / attorney which has intermediaries on
staff rather than being paid on a per-case basis we believe that would
be a significant positive sign, but it is very rare.
Another option which we recommend that you consider is to adopt a
child placed through the "abandonment" process rather than the
"relinquishment" process where intermediaries are used. (See
The Guatemalan Adoption Process for details on
the difference.) This process has its own ethical issues, but is not
subject to the same questions as the relinquishment process. Children
placed through the abandonment process may often be older, and are
usually living in children's homes rather than in private foster care.
If the children's homes handle adoptions the conditions and level of
care are often excellent. This approach may require approval in your
homestudy so be sure to discuss it with your social worker if you are
interested.
Beyond the role of the intermediaries, other ethical issues relate to
the way the birth family is treated, the provision of medical care, the
way the agency and attorney deal with each other, and the way they deal
with you the adoptive family. These issues can best be dealt with by
asking questions which reveal the agency's and attorney's attitudes
toward adoptive and birth families, and reviewing their record
particularly as related by other families who have completed adoptions
through them. Some of the questions listed below may help you to
evaluate these areas, and we encourage you to ask others to satisfy
yourself that the agency and attorney operate with integrity.
Agency Questions
Our questions are focused on Guatemalan adoption; for one overlapping
but much more general list which is also valuable, see the Adoption
Agency Checklist developed by an adoptive parent and available at
http://www.adoptionagencychecklist.com/.
Making an agency choice is a matter of judgment — how much of what
you learn was positive and how much was negative? Are you getting solid
(rather than evasive) answers to questions related to ethics? Which
other things are important to you personally? Very few if any agencies
will offer an ideal response to every single question, and some highly
regarded agencies do not meet all of our criteria. You can decide to
let a couple of things go if you feel confident about others. However,
in our opinion agencies which fall short on ethical questions should
never be considered, and those which otherwise fall short in multiple
areas should be considered with caution. At the end we provide some
examples of hypothetical responses and how we would evaluate them.
PLEASE NOTE: We do not
recommend that you simply copy this list of questions into your email
program and forward it to prospective agencies. It's not really fair to
the agencies to expect them to answer a set of questions of this depth,
in writing, for a person unknown to them. More importantly, it is
important that you establish a personal relationship with any agency
with which you are seriously considering working, and evaluate not only
their answers to questions you care about, but also their tone,
demeanor, and responsiveness when they speak with you. This is very
difficult to do via email, so we recommend that you use these questions
as a guide in speaking with the agency, not as text to send
them.
Also, please note that in many of our questions how
the question is answered is at least as important as
what the answer is. For example, when asked about how
long an adoption takes, an agency that gives a range of times and
explains why some cases take longer than others is preferable to one
that gives a fixed time — especially a short one — and/or says "oh,
they're all about the same" (which is not true). The nature and
honesty of the answer may be more important in evaluating the agency's
program than the actual time, as long as the actual time is within
reasonable limits.
Here are the questions, with suggestions of what we consider to be
good answers shown in italics at the end of each question.
Most important items:
How long has your agency been practicing? 5+ years.
How long have you had a Guatemala program? 2-3+ years.
Do you have staff (employees or contracted case coordinators, not
just attorneys) in Guatemala? Yes.
If not, how often does your agency staff visit Guatemala?
Every 1 to at most 3 months.
Which attorneys do you work with? The agency may not want to
disclose this and other information about intermediaries and fees until
after you sign on with them. That's OK, if you can
back out with all fees refunded if you decide you don't want to work
with the attorneys once you learn the answers, and you have that
assurance in writing.
Do the attorneys use intermediaries to locate birthmothers who
want to place their children for adoption? Most will say yes to
this. If so, how much are they paid, and what does the money go
for? How do you ensure that the intermediaries operate ethically and
responsibly? The best answer to the first part is a simple,
straightforward breakdown of the fee paid and where it goes, but this
may be difficult to get. However, every agency should know how much the
intermediaries are paid and what practices their attorneys follow to
ensure that intermediaries are professional, ethical, and caring in
their dealings with birth families. Evasive answers in this area are a
significant negative factor in our opinion.
What is the fee paid to the attorney? How is this money used?
The fee is always disclosed. The breakdown of how it is used is
rarely disclosed but we believe adoptive families have a right to this
information and should insist on receiving it.
How many children did you place from Guatemala last year?
10+
Tell me about some of the problems you have run into with
Guatemalan adoptions. How did you solve them? A good answer shows
confidence and honesty about problems and how they are handled, as
opposed to minimization, uncertainty, or dismissal. A response
indicating that they've had no problems should be considered quite
negative — every agency has had some problem cases, if they aren't
willing to mention them, that's a bad sign.
Does your contract restrict who I can talk to about my experience
with your agency or my case -- for example does it restrict my ability
to talk with the US Embassy? With my congressional representatives?
With other families via the Internet? A flat "No" is the
ONLY correct answer to each of these questions!
Also important:
How long have you been working with each attorney? 2+
years How long has each been doing adoptions? 2+ years
How many adoptions has each processed? 25+
Does your staff speak Spanish? Someone on the agency's staff
should speak Spanish in most cases. It is generally too difficult to
maintain connections and know what is going on in Guatemala without
this. An English-speaking attorney often is not sufficient in our view,
though there are a few agencies with very positive track records who do
not speak Spanish and work with English-speaking attorneys.
How long does the process take? You should hear a range of
times, typically 6 - 8 months right now, sometimes more or less, but it
should not be just "6 months", and it should
always be focused on a good process — not just
speed.
What were the two shortest cases you handled in the last year?
The two longest? Why were the short ones so short? Why were the long
ones as long as they were? A good answer shows confidence and
honesty about timeframes and reasons for variation.
How much contact can I have with the foster family / children's
home? Their answer should allow you direct contact if possible. If
they are evasive or secretive on this point that's not good at all.
How about contact with the birth family? Some agencies
encourage contact, some discourage it. We prefer those which encourage
it, but either policy is OK as long as it is clearly stated. If they do
not allow contact through the agency they should still help you
understand their policy and, if appropriate, learn about other ways you
might make contact. Also they should be able to tell you if the
birthmother wants contact or not.
What about contact with the attorney? You may be expected to
go through the agency if possible, but you should not be prohibited from
nor face consequences for contacting the attorney yourself if you feel
it is necessary.
How do you handle unexpected medical issues which come up during
the adoption? Who is financially responsible if the cost of medical care
exceeds the norm? Is a family able to "back out" if the
medical issue is so serious that it is something they do not feel they
will be able to handle, and what are the resources for caring for
children should this occur? Answers here should reflect simple,
clear policies and practices focused on concern for the child. Most
agencies cover basic medical services but may ask families to cover
extraordinary costs. If so they should provide itemized bills and a way
for the family to be informed about the medical issues and the care
choices being made.
What remedies do I have if a birthmother changes her mind or the
adoption is disrupted for some other reason? Most agencies will not
let you give up and receive your money back but they should allow you to
receive another referral through them without additional costs of any
kind. An agency which tells you that birth mothers never change their
minds should be avoided as this is not true — and even moreso if they
have no policy about how this situation would be handled. Ethical
treatment of the birthmother demands that the agency and attorney treat
as normal the possibility that she will change her mind at any of the
several points in the process where she is legally allowed to do
so.
Do you have a relationship with a children's home or
"hogar" which places children for adoption? Some agencies
do, some do not. Does the hogar place children through abandonment
or only via direct birthmother relinquishment? If the hogar only
handles relinquishment cases it probably is not an independent home for
orphaned children, but is run by the attorney as an alternative to
private foster care. However, many hogares which handle abandonments
also handle some relinquishments so a mixture of cases is common.
What financial reserves and plans do you have if adoptions in
Guatemala are disrupted and cases take longer than expected? This
is an issue in all international adoption, not just in Guatemala. Look
for a sensible, written risk management policy that explains your
options and financial risks in such a situation.
Does your agency have charitable programs in Guatemala (e.g.,
direct orphanage support)? How do they work? Are adoptive families
expected or required to contribute, or is the program separate and
voluntary? Having the programs is good; in our view families may be
encouraged but should not be required to contribute.
The Agency Evaluation Process
In evaluating an agency you will need to ask any of the above
questions that you feel are important, and many others as well. We
recommend that you evaluate at least 3 or 4 agencies before making a
choice. We also strongly recommend that you do NOT
select an agency by looking at online photolistings of waiting children.
The agency should be selected for its ethics, professionalism,
competence, and experience, not because you fell in love with an online
photo!
As part of your evaluation it is very important to speak with other
adoptive parents who have recently completed adoptions with the agency,
and if possible who used the same attorney you might be using. Parents
currently in the process are not usually as helpful as those who have
recently finished.
You should certainly get references from the agency, though of course
they are likely to be positive ones. With these people be sure to ask
about any problems they encountered and how they were handled. It is
also important to go online and seek other adoptive parents who have
used the agency; a good place to start is the Guatemala-Adopt email list
(see our Resources page for information on
how to join).
Be cautious of any agency with multiple unhappy clients,
or stories of significant errors on the part of the agency. Also take
some care with agencies with nothing but glowing positive
recommendations reporting totally problem-free adoptions, as these
unfortunately can sometimes be responses arranged by the agency, rather
than an honest sampling of their clients.
In evaluating agencies remember that many cases have problems of some
kind, the question is not whether they occur but how honestly,
efficiently, and professionally the agency and attorney handle them.
In your evaluation you often need to consider multiple factors. For
example, consider these hypothetical agencies (note that the commentary
reflects our opinion; yours could be different and should be based on
your own judgment, not ours!):
Agency A very strictly limits contact with the attorney. They
have a long-standing program, positive references, visit Guatemala every
month, have positive answers to other questions, have a clear set of
safeguards related to how their attorneys work with intermediaries, and
can clearly explain the reason for strictly limiting attorney contact.
Comment: We normally don't like strict limits on attorney contact
but if the agency has a good reason and appears to be clearly
trustworthy in their willingness to handle those communications
themselves then we wouldn't rule them out.
Agency B was started by an adoptive parent and has only been
doing Guatemalan adoptions for 18 months. However, they are using
Guatemalan attorneys with established positive records verifiable
through other adoptive families, their staff speaks Spanish and visits
Guatemala routinely, they are open about contact with attorneys, foster
families, and birth families, and their contract is fair and clear.
Comment: This agency has a short track record but the other
positive practices and their positive references would outweigh that in
our opinion.
Agency C has a long-standing Guatemala program and both the
agency and their attorneys have good recommendations from other parents.
However they are unwilling to detail the distribution of fees and they
will not respond substantively to questions about the role of
intermediaries in the adoption process, stating only that they leave
those matters to the attorneys. Comment: Here we would say that
the lack of response to ethical concerns makes this agency a poor
choice. In our view even a very positive track record does not
compensate for evasive or non-responsive answers to ethical
questions.
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