Code.3 Under the Code, adoption had to be done through a notarial instrument, with prior approval of the respective proceedings from the competent trial court judge.4 It was established that the parents of the child had to express their consent to the adoption.5 Then, the Public Ministry was required to examine the proceedings and, if it had no objections, the judge would rule the adoption admissible and order the execution of the respective notarial instrument.6 29. The out-of-court adoption procedure was regulated by the Law Governing Notarial Procedures for Legal Matters in Non-Adversarial Proceedings.7 That law allowed for adoptions to be legalized before a notary public without the need for prior judicial approval of the proceedings, and the process was initiated by a request from the person who wished to adopt.8 The only requirements stated in that law are: (i) the submission of the birth certificate; (ii) two witnesses who must “vouch for the good morals of the adoptive parent and his or her character and financial ability to meet the obligations”; and (iii) a favorable report from a court social worker.9 30. Once those requirements were met, the notary public had to go before the Public Ministry and, if no objections were raised, could then proceed to execute the respective notarial instrument.10 In the event that the Public Ministry opposed the adoption request, the file was sent to the court of competent jurisdiction for adjudication.11 Finally, the execution of the notarial instrument of adoption required the appearance of the adoptive parents and the mother and father of the child, for purposes of providing their testimony and making the respective notation.12 2. The context of irregular adoptions at the time of the events 31. The publicly available information states that at the time of the events at issue in this case different local organizations and international bodies considered Guatemala to be one of the countries with the most irregular adoption practices in the world. 32. According to a report commissioned by UNICEF, the Latin American Institute for Education and Communication concluded that for 1999 Guatemala was the fourth largest supplier country in the world for delivering children into international adoption.13 The report indicated that these adoption processes were plagued by many irregularities, and that “the profit motive has been prevalent among those involved in [adoption] proceedings.”14 3 Civil Code of Guatemala, Decree Law No. 106-63. See Articles 228-551. 4 Civil Code of Guatemala, Decree Law No. 106-63. See Article 239. 5 Civil Code of Guatemala, Decree Law No. 106-63. See Article 243. 6 Civil Code of Guatemala, Decree Law No. 106-63. See Article 243. 7 Law Governing Notarial Procedures for Legal Matters in Non-Adversarial Proceedings, Decree Law No. 54-77. See Articles 8 Law Governing Notarial Procedures for Legal Matters in Non-Adversarial Proceedings, Decree Law No. 54-77. See Articles 9 Law Governing Notarial Procedures for Legal Matters in Non-Adversarial Proceedings, Decree Law No. 54-77. See Article 29. 28-33. 28-29. 10 Law Governing Notarial Procedures for Legal Matters in Non-Adversarial Proceedings, Decree Law No. 54-77. See Article 32. 11 Law Governing Notarial Procedures for Legal Matters in Non-Adversarial Proceedings, Decree Law No. 54-77. See Article 32. 12 Law Governing Notarial Procedures for Legal Matters in Non-Adversarial Proceedings, Decree Law No. 54-77. See Article 33. ILPEC Guatemala for UNICEF, “Adoption and the Rights of the Child in Guatemala,” 2000. Available in: http://www.issssi.org/2007/Resource_Centre/Tronc_DI/documents/Guatemala-UNICEFILPECESP.PDF 13 14 ILPEC Guatemala for UNICEF, “Adoption and the Rights of the Child in Guatemala,” 2000. Available in: http://www.issssi.org/2007/Resource_Centre/Tronc_DI/documents/Guatemala-UNICEFILPECESP.PDF 5