In spite of the fact that Casa Alianza has filed numerous complaints over the past years regarding illicit international adoptions, and despite its efforts to put national and international pressure on the Guatemalan government to institute laws that properly regulate adoptions, the illicit adoption trade continues to thrive. Unscrupulous attorneys are the central players in this trade, and they have converted what should be a noble institution, into a dirty business.
Recently, Casa Alianza successfully reunited two young girls with their mothers, after they had been taken away from them through a deceitful scheme that took advantage of the mothers' economic needs and naiveté.
A Story of Deceit and Corruption
The first case is that of Sandra Hernández, mother of Karla, a precious little two-year-old girl. Sandra was initially approached by Susana Duarte, who plays the role of an "intermediary" in the illicit adoption trade - the person who locates mothers who appear to be good targets for taking their children away through deceit. One day, Sandra had gone to the hospital because Karla was sick, and the doctor advised her that Karla suffered from lung problems. As she left the hospital Sandra felt depressed and hopeless, and that is when Susana appeared and invited her to have coffee and even offered her work at her house. Susana expressed concern for Karla's health, and she told Sandra she would put her in contact with Mireya de Gonzalez, an attorney who would provide economic help in order to cure the child's illness.
Sandra met Ms. Gonzalez at a restaurant in Guatemala City, at which time she signed a number of blank papers after being told by Ms. Gonzalez that they were needed to admit Karla into a medical clinic where she would receive treatment for her lung problem. During the same meeting, Sandra was given a false identification card. At this point, Karla had been taken away by Susana with assurances that she would be admitted to a medical clinic. Soon after this meeting, arrangements were made for Sandra to be taken to a laboratory for the purpose of extracting some blood, the purpose of which was, she was told, to help in the treatment of Karla. However, the true purpose was to satisfy the blood test required in international adoptions which establishes the identity of a child's mother. Another requirement that needed to be accomplished was to obtain certification of Karla's birth, and this was done through a bribe paid to a dishonest midwife who then filled out the needed paperwork.
Sandra later said that nothing was ever mentioned by anyone about giving her daughter for adoption. Yet, when she asked to see Karla to verify how the treatment was going, Susana and Ms. Gonzalez refused this request, telling her that she had no rights over her daughter because she had signed papers giving up those rights.
"I almost lost my baby for 25 cents."
The second case concerns 15-year-old Sonia who is the mother of Maria, 1-year-and-8-months-old, and who is a current resident in Casa Alianza's Young Mothers' Program.
Sonia went to Family Court and filed a complaint against Maria's father for child support payments. Feeling powerless at that moment in the face of this problem, she began to cry. It was then that she was approached by Susana Duarte, the same intermediary as in the case described above, who offered help for her daughter and gave her two quetzales (the Guatemalan monetary unit, worth about 25 cents U.S.) to buy a diaper. Susana then bought her a soda and told her to drink it in order to calm herself down. Sonia does not recall noticing any strange taste in the soda, but she became extremely sleepy after drinking it. At that point Susana offered to take her to her house. By the time they arrived at Susana's house, Sonia had fallen asleep due to the apparent drugging of the soda. "I didn't wake up until the following day, and at that time Susana told me that my daughter had become sick and she had taken her to a clinic, but that I shouldn't worry because she would take me to see her later", tells Sonia.
That same day, Susana took Sonia to the City Hall in order to obtain a new birth certificate for Maria, on the pretext it was needed for the medical clinic. Then Susana said it was necessary for Sonia to donate blood for Maria because she had become seriously ill, and she was taken to the same laboratory as in the first case above. The true reason for the blood donation was to establish that Sonia is Maria's mother, a necessary step in the adoption process. Susana also insisted that Sonia register Maria in the Civil Register of the town she was born in, even though Sonia advised her that Maria had already been previously registered. Susana then put Sonia in contact with attorney Mireya de González, who required her to sign blank documents, telling her that they were needed by the clinic.
Sonia began to feel uncomfortable with these events, and she began to feel hopeless because they did not take her to see her daughter. Finally, she went to her mother for help. Her mother called Susana who told her the "if you love the little girl so much, you'll have to claim her in court because she is being adopted."
Waiting for Justice
Both of the above cases were filed with the Court of Children and Adolescents by the District Attorney and by attorneys with the Casa Alianza Legal Program. The judge assigned to the case was Casta Liliana Castañeda Flores, who ruled that the two girls be returned to their mothers. In the case of Sonia, because she is a minor, she entered Casa Alianza'a Young Mothers' Community where she is receiving shelter, protection and care for herself and her daughter.
Casa Alianza attorneys petitioned the court to prosecute Susana Duarte and Mireya de González and their associates for the crimes of child kidnapping, falsification of documents and other violations of the law. On November 11, 2005, the Judge granted the petition and initiated prosecution against these persons.
Casa Alianza denounces the irregularities that take place in many adoptions in Guatemala, where children are unscrupulously separated from their parents, many times through taking advantage of the poverty of the mother and father. Adoption is a noble institution that permits homeless children to have a family and a home, but under no circumstances should the improper separation of children from parents, such as occurred in the above cases, be allowed. Casa Alianza urges (1) the National Congress to pass legislation to protect families from such abuses, (2) the National Attorneys Association to intervene where attorneys engage in unethical and illegal conduct, and (3) the Courts of Children and Adolescence to apply the full weight of the law on those who are found to have participated in unethical and illegal acts against children and their parents.
