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Friday, November 30, 2007

Guatemalan legislative update

First, the good news: Everyone seems certain that no matter what legislation Guatemala passes, it will include a provision for grandfathering in-process cases like ours. This doesn't mean, however, that they can't still add new requirements to the process - additional hoops for us to jump through.

ABCs of "How a Bill Becomes a Law" in Guatemala (as I understand it): A bill goes through three readings in Congress, and then there is a final vote. Usually, not much happens during the first two readings. Most of the debate takes place in the third reading.

The Ortega Law (a really crappy piece of legislation pushed by the U.S. State Department and UNICEF) passed in its third reading on October 3. However, Congress agreed to meet again to discuss amendments to the law.

As I reported a couple weeks ago, key members of the Guat Congress met on Nov. 6, and drafted new adoption legislation that would be Hague-compliant, but is much superior to the Ortega Law. We were hoping that Congress would replace the Ortega Law with this new legislation. But we learned the other day that a new version of the Ortega Law (the previously passed law with amendments incorporated) went through two readings in Congress this week. Congress then went on recess, but will have special sessions in mid-December to do a third reading and vote on a final version. It is possible that the new, better legislation could still be introduced, but the U.S. DOS is reportedly applying pressure against it. If passed in its third reading, this updated version of the Ortega Law will go into effect 12/31/07.

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