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US tells Guatemala it will not return adopted girl US tells Guatemala it will not return adopted girl
(40 minutes later)
The US government has told Guatemala it will not return a girl who was allegedly kidnapped and later adopted by an American couple, because the two countries had not signed the Hague Abduction Convention at the time.The US government has told Guatemala it will not return a girl who was allegedly kidnapped and later adopted by an American couple, because the two countries had not signed the Hague Abduction Convention at the time.
Celeste Alvarado, a spokeswoman for Guatemala's foreign relations ministry, quoted a diplomatic cable from the US state department as saying the two countries formally ratified the convention on 1 January 2008 – 14 months after toddler Anyeli Hernandez Rodríguez was reportedly abducted from her biological mother.Celeste Alvarado, a spokeswoman for Guatemala's foreign relations ministry, quoted a diplomatic cable from the US state department as saying the two countries formally ratified the convention on 1 January 2008 – 14 months after toddler Anyeli Hernandez Rodríguez was reportedly abducted from her biological mother.
Anyeli disappeared in November 2006, as her mother Loyda Rodríguez Morales was distracted while opening the door to their house in San Miguel Petapa, a working class suburb of Guatemala City. She turned to see a woman whisk the girl, then two years old, away in a taxi. Anyeli disappeared in November 2006, as her mother Loyda Rodríguez Morales was distracted while opening the door to their house in San Miguel Petapa, a working-class suburb of Guatemala City. She turned to see a woman whisk the girl, then two years old, away in a taxi.
Anyeli spent over a year at an adoption agency before being adopted by a US couple, Timothy and Jennifer Monahan of Liberty, Missouri. The couple, who have not been accused of any involvement in the abduction, say the girl, now known as Karen Abigal Monahan, was legally adopted.Anyeli spent over a year at an adoption agency before being adopted by a US couple, Timothy and Jennifer Monahan of Liberty, Missouri. The couple, who have not been accused of any involvement in the abduction, say the girl, now known as Karen Abigal Monahan, was legally adopted.
After a lengthy legal battle, a Guatemala court last year ordered the girl to be returned to the country, but according to the Guatemalan foreign ministry, the US is now arguing that it is not required to return her. After a lengthy legal battle, a Guatemala court last year ordered the girl to be returned to the country, but according to the Guatemalan foreign ministry, the US is arguing that it is not required to return her.
Supporters of Rodríguez argue that the US government is obligated under international treaties to return victims of human trafficking or irregular adoptions that have occurred within the past five years. Supporters of Rodríguez argue that the US government is obliged under international treaties to return victims of human trafficking or irregular adoptions that have occurred within the past five years.
The girl left the country on 9 December 2008, according to court records, and that date and not her abduction date should be taken into account, said Claudia Hernandez, assistant director of the Survivors Foundation, a human rights group that filed the court case on behalf of the child's biological mother.The girl left the country on 9 December 2008, according to court records, and that date and not her abduction date should be taken into account, said Claudia Hernandez, assistant director of the Survivors Foundation, a human rights group that filed the court case on behalf of the child's biological mother.
"Unfortunately, the case was filed with the girl's original abduction date in 2006 when the US and Guatemala did not have an agreement," Hernandez said. "We've been seeking a firm in the United States that would take this to court, and sadly we're losing hope.""Unfortunately, the case was filed with the girl's original abduction date in 2006 when the US and Guatemala did not have an agreement," Hernandez said. "We've been seeking a firm in the United States that would take this to court, and sadly we're losing hope."
"Time is running out; the five-year window is nearly up," Hernandez said."Time is running out; the five-year window is nearly up," Hernandez said.
Guatemala's quick adoptions once made it a top source of children for the US, second only to China with about 4,000 adoptions a year.Guatemala's quick adoptions once made it a top source of children for the US, second only to China with about 4,000 adoptions a year.
But the Guatemalan government suspended adoptions in late 2007 after widespread cases of fraud, including falsified paperwork, fake birth certificates and charges of baby theft – though they still allowed many adoptions already in process to go ahead. But the Guatemalan government suspended adoptions in late 2007 after widespread cases of fraud, including falsified paperwork, fake birth certificates and charges of baby theft – though it still allowed many adoptions already in progress to go ahead.
The International Commission Against Impunity in Guatemala, a UN-created agency prosecuting organised crime cases in the country, has reviewed more than 3,000 adoptions completed or in process and found nearly 100 serious irregularities.The International Commission Against Impunity in Guatemala, a UN-created agency prosecuting organised crime cases in the country, has reviewed more than 3,000 adoptions completed or in process and found nearly 100 serious irregularities.
Guatemalan authorities have prosecuted three people on charges relating to the alleged abduction.Guatemalan authorities have prosecuted three people on charges relating to the alleged abduction.