grandmother as a family caregiver, it should be borne in mind that an adult with homosexual preferences would be transmitting these values to the children who would be under her charge.”87 66. On July 29, 1997, the Office of the Attorney General appeared before the court to provide its opinion on the legal status of the Ramírez boys.88 It concluded that: (…) its content is extensive [and] its analysis clearly demonstrates the boys’ need to be provided with a better standard of living, at the center of a family; it is clear from the social studies (3) and from the investigation (1) that the boys were completely neglected by their family, principally their mother (…) and therefore it is appropriate for the previously identified children to be declared abandoned, and they should be included in the adoption program at the children’s residence where they are currently living.89 67. On August 6, 1997, the First Juvenile Trial Court of Guatemala issued an order declaring “the abandonment of the minor children J.R. and Osmín Ricardo Amílcar Tobar Ramírez.”90 The court awarded legal custody of the Ramírez boys to Guatemala Children's Association Residence and ordered the institution to include them in the adoption programs it sponsored.91 3.3. Adoption process 68. The adoption of the Ramírez boys was initiated through the extrajudicial or notarial process that was previously described. 69. On October 24, 1997, the B. family granted power of attorney to a lawyer in Illinois, United States, to begin the proceedings to adopt J.R..92 In the case of Osmín Ricardo Tobar Ramírez, the Borz Richards family granted power of attorney to a lawyer in Pittsburg, United States, on February 5, 1998, in order to begin the proceedings for his adoption.93 70. On May 8 and 11, 1998, the Office of the Attorney General issued two official letters stating that the adoption of the Ramírez boys was improper according to the report of Attorney Martínez, which stated that the adjudication of an appeal was still pending.94 71. The private attorneys for the U.S. families went to court following the unfavorable opinion of Office of the Attorney General regarding the adoption of the Ramírez boys.95 On May 26, 1998, the Trial and Family Court for the Department of Sacatepéquez allowed the adoption proceedings to go forward.96 It found that the adoptive parents had proven their good moral character and financial solvency.97 87 Annex 4. Psychological Report of the Psychological Services Unit of the Judiciary, July 21, 1997, case file 2663-96. 88 Annex 4. Brief, Juvenile Legal Assistance Section, Office of the Attorney General of Guatemala, July 29, 1997, case file 2663- 89 Annex 4. Brief, Juvenile Legal Assistance Section, Office of the Attorney General of Guatemala, July 29, 1997, case file 2663- 90 Annex 4. Order, First Juvenile Trial Court, Guatemala, August 6, 1997, case file 2663-96. 91 Annex 4. Order, First Juvenile Trial Court, Guatemala, August 6, 1997, case file 2663-96. 92 Annex 9. Notarial instruments 72 and 74 of June 2, 1998, authorized by Notary Public Rafael Morales Solares. 93 Annex 9. Notarial instruments 72 and 74 of June 2, 1998, authorized by Notary Public Rafael Morales Solares. 96. 96. Annex 10. Official Letter from the Office of the Attorney General of Guatemala, Ramiro Ordonez Honama, Section Chief of the Attorney General’s Office, May 11, 1998,. 94 95 Annex 11. Order of the Trial and Family Court of Sacatepéquez, May 26, 1998. 96 Annex 11. Order of the Trial and Family Court of Sacatepéquez, May 26, 1998. 97 Annex 11. Order of the Trial and Family Court of Sacatepéquez, May 26, 1998. 13

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