it, and to include it in its Annual Report to the General Assembly of the Organization of
American States.
II.
PROCEEDINGS BEFORE THE COMMISSION
7. The Commission received the petition on September 1st, 2010, and by means of a note
dated May 10, 2011, it began to process the petition and requested the State to submit its
observations on the admissibility of the case within a two-month term. On August 17, 2011,
the Commission sent to the State additional information submitted by the petitioners and
reiterated the request of observations of May 2011. The State sent its observations on
September 28, 2011, which was sent to the petitioners.
8. On November 10, 2010, the Commission requested the Paraguayan State to adopt
precautionary measures with the purpose of speeding internal proceedings regarding the
custody and care of the child L.M. After having received a communication on this regard, on
May 23, 2011 the Commission submitted a request for provisional measures before the InterAmerican Court of Human Rights. By means of resolution dated July 1 st, 2011, the Court
requested the State to “immediately adopt the necessary, adequate and effective measures to
protect the right to humane treatment, the rights of the family and the right to identity of the
child L.M., allowing him to be in contact with his biological family, with the support of adequate
professional staff for the proper monitoring of his emotional circumstances…“
III.
POSITION OF THE PARTIES
A.
Position of the petitioners
9. According to the petition, the child L.M is the son of L.S. (26 years old) and V.H.R. (22 years
old), who separated and finished their relationship in April, 2009, before L.S. knew she was
pregnant. Apparently, due to various family issues, the mother of the child concealed her
pregnancy from her family and from the father of the child. She gave birth to her son on
August 2, 2009 and abandoned him on August 4, 2009 at the door of the San Bautista Church
in the city of Asunción. The petitioners allege that this was the consequence of her vulnerable
2
emotional situation.
10. In view of the child’s abandonment the authorities, through the Judge of the First Instance
Court of Childhood and Adolescence (Jueza de Primera Instancia de la Niñez y la
Adolescencia), ordered the provisional guardianship in favor of the B.I. family. However, on
September 17, 2009, the judge E.A.P. and her husband O.O.Z. – who were in the process of
adopting a boy or a girl –requested the provisional guardianship of the child L.M.
11. On November 10, 2009 the jurisdictional authorities revoked the temporary guardianship
in favor of the B.I. family and granted it in favor of the O.A. family. The petitioners allege that
3
it happened even when the Adoption Center had sent a report indicating the inconvenience of
giving the child to another family because he had already established emotional ties with the
first family.
12. The petitioners assert that on November 12, 2009, before giving the child to the O.A.
family, the Adoption Center informed the court about the location of the child’s biological
parents, stating that reunification was likely and that the child should not be transferred to a
foster family or a family with a view to adopt a child. Nonetheless, the child L.M. was given to
the O.A. family.
13. The petitioners allege that the child’s biological father, V.H.R., appeared to the process
explaining that he was not aware of the situation, expressing his intention of assuming
2 The petitioners allege that when the child was abandoned in front of the church, he was wearing a bracelet with his
mother’s name, which proves that L.S. acted under the influence of her emotional condition and that she did not think
about the consequences of her actions.
3 The Adoption Center is the central administrative authority for adoptions, and works together with other
organizations and the judicial body.
2