Bittersweet Moment - Next to Final Step

This moment is very bittersweet for us. After 19 months of preparing paperwork, batteling organizations good and bad, heartbroken, relieved and now at an impass, we are at the next to last "battle." Mariela and several other children will have their DNA retested today. This will prove that Mariela is the same child that began this very journey with us 19 months ago. We have paid to expedite the results, but only in the mere hope that our children are release before Christmas. Some days I still think it is possible as I try to prepare for bringing her home, yet days like today - the odds are stacked against us.

The folllowing is a post from our director, Ms. Nancy Bailey mentioning the current state of events:

As many of you know, in May of this year we had to illegal raids on our children's home, one day apart. The raids were based on the revenge of two fired employees and an employee of the PGN in Chimaltenango that has had a grudge against us for several years. This man was fired from the PGN two days after the last raid for what he did to us but that never stopped the insane legal process, we never received an apology and have continued to be harrassed and the children, who are ready to go to their families in the United States and England have been held hostage at our children's home by the Guatemalan government.

The Raids in May, 2008
Semillas de Amor is currently under unjust scrutiny by the Guatemalan government and legal system. The seeds of the current dilemma began innocently in April, 2008 when Nancy Bailey released several employees after they were caught stealing from the children’s home. These employees exacted revenge by feeding rumors regarding one of Semillas’ cases to the government agency in charge of processing adoptions (PGN). Over 40 PGN employees raided Semillas de Amor on May 12, 2008 based on these tips. They attempted to seize three of the children whose paperwork was off-site with the Semillas attorney in Guatemala City. Nancy Bailey resisted and refused to allow the children to be taken. Two days later, on May 14, 2008, the PGN raided again with an unfounded court order to take ALL of the Semillas children. Again, Nancy Bailey resisted and filed a legal appeal against the PGN. The local judge in Chimaltenango ruled in favor of Semillas de Amor and stated all children must remain at the hogar. The “unsuccessful” raids started a series of PGN attacks on Semillas de Amor.

The individual Semillas cases were subjected to unfair treatment as they moved forward in PGN; 5 babies were seized and placed in government homes during the unlawfully conducted PGN birthmother interviews in May, June & July. The PGN also initiated a criminal investigation by the Ministerio Publico (equivalent to the District Attorney) which led to another round of birthmother interviews in September, October, and November. In September, the PGN suspended all of the Semillas cases – they are currently “frozen” and none are moving forward or being released. The PGN claims that the MP gave the order to freeze the cases. The MP denies this allegation.

Many Adoptions are complete – Children have passports and Visas. Before the PGN freeze, 12 children completely finished the adoption process. Their adoptive parents are declared the legal parents by Guatemalan law, and they have obtained Guatemalan passports and U.S. Visas for their trip home. Ironically, the families cannot fulfill their duties as parents even if they reside in Guatemala as the children are still court-ordered to remain at Semillas. In addition, Semillas currently has 13 children whose cases are at a standstill within PGN and 10 children who are released from PGN but delayed in their process by other entities influenced by the PGN.

MP Investigation
The MP investigation is essentially finished for many children. Birthmother interviews and background checks are complete. The MP has sign-off letters prepared and has promised to release them over a dozen times; the first verbal commitment was September 29th. The letters still sit on the MP investigator’s desk. The Semillas legal team believes this to be blatant unfounded stall tactics.

Semillas Legal Battle
Semillas de Amor has legally battled the allegations from the very beginning, and several adoptive parents have hired additional Guatemalan attorneys for their individual cases. After several judicial delays, the general Semillas hearing is now set for March, 2009. The team of Semillas attorneys recently presented a proposal to judicially separate the children whose cases are complete from the overall Semillas de Amor case. The judge in Chimaltenango agreed in principal but requires a letter of approval from the MP and PGN for each individual case. The PGN states it will not move forward with any Semillas cases or write approval letters for the judge in Chimaltenango without the MP approval letters. Hence, Semillas is currently in a stalemate.

Why did this happen?
The Guatemalan attorneys believe that the motivation behind the actions against Semillas de Amor is as complicated as the situation itself. The most pertinent explanation is that many government employees are desperate to “justify their work.” With the Central Authority taking over new adoptions, many of the current positions will become obsolete with the completion of these adoptions. And secondly, Nancy Bailey resisted the unlawful acts of the PGN when they attempted to seize her children, making her a vulnerable target and inadvertently starting a personal war.

Nancy Bailey, founder of Semillas de Amor, is a U.S. Citizen with Guatemala residency. Semillas de Amor is suffering financially. With income from adoptions halted, Semillas de Amor has now supported the needs of 51 children for many months beyond its budget and expectations. The adoptive families are paying a monthly foster care fee and fund raising to support the children and maintain Semillas’ quality of care. But it is not enough. We have 16 children that do not have adoptive families. Over the past several years, Nancy Bailey has constructed a new state-of-the art Children’s Village in Parramos, Guatemala. They are only waiting for electricity to move in. Once all of pipeline cases are home, Nancy Bailey will be moving her 16 remaining children to the new Children’s Village. It is her sincere hope to begin working with the new CNA to continue to find homes for Guatemalan children in need. You can see photos of the new property at: www.semillasdeamor.smugmug.com