Guatemala Says No to Adoption by Gays and Lesbians?

Singles must sign on the dotted line

Related Resources • Adopting From Guatemala • International Adoption Index • International Updates • Resources for Gays & Lesbians • Single Parent Adoption

Elsewhere on the Web • US State Department: International Adoption

In December 2002, at least one agency advised its clients about a new requirement for single persons applying to adopt from Guatemala, which appears to close yet another door to international adoption by gays and lesbians.

The notification advised that a letter addressed "To Whom It May Concern," must state that the (single) applicant is not homosexual, and is of high moral character. The applicant's signature must be notarized, certified by the Secretary of State, and legalized by the Guatemalan Consulate.

One single parent adopting from Guatemala writes, "I happen to be straight, and can make those two statements truthfully, but, boy, do I feel for singles who are gay and trying to adopt. I know several, and the roller coaster ride they go on! And the implication presumably, is that you cannot be 'homosexual' and 'of high moral character.'"

However, in an expert chat with Sigal Shapira, director of international adoptions with Spence-Chapin, she said that none of the women adopting from Guatemala through that agency had ever been asked to submit such a statement.

Country Policies

Many countries do not permit adoption by gays and lesbians, either explicitly or by inclusion as single persons. These policies are dictated by cultural standards, and each country's definition of best interest of the child, and countries include:

China: China requires a signed statement from single applicants stating that they are unmarried and not homosexual.

Korea: Korea does not permit adoption by single persons.

Panama: Panama does not allow adoption by homosexuals.

Thailand: Thailand does not allow adoption by single persons.

For details, see Resources by Country

Agency Policies and Bias

Private adoption agencies set their own criteria when accepting applications, and these can be based on sexual orientation, religious affiliation, age, gender, marital status, and other factors. Individual agency personnel and social workers may also bring a personal bias to the table, even subconsciously.

Is It Fraud Not to Tell?



From the National Adoption Information Clearinghouse:

"Although it is completely legal to omit information regarding homosexuality, it is illegal to lie about it when confronted directly. Let it be clear that failing to tell the truth is considered fraud and raises the opportunity for either an adoption not being finalized or a possible disruption." Source: Gay and Lesbian Adoptive Parents: Resources for Professionals and Parents

Ultimately, it's a decision that gay men and lesbians will make for themselves, but as one of our guest authors wrote in Two Women and a Baby:

"It quickly became clear that we could not adopt this way. I looked around our house and realized we would have to lie a lot about ourselves to hide who we were. I began to wonder how we would be able to be a proud family if we started out lying on such a basic level."

For More Information: (Offsite resources)

• ABC News: Gay Adoption
• Adoption by Gays & Lesbians Sanctioned in South Africa
• British Parliament OKs Gay Adoption
• Gay and Lesbian Adoption
• Most Agencies OK Gay Adoptions
• State Laws & General Tolerance

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