of father, because Mr. Fornerón had not appeared in that capacity, but rather using new arguments, ignoring the said status of father.29 30. On April 26, 2001, the Gualeguay Criminal Chamber rejected the appeal, confirming the decision to archive the case. The said Chamber stated, inter alia, that, from the evidence gathered, “the existence of acts executing the offenses sanctioned in article 11 of Title IV of the second volume of the Criminal Code [could not be] suspected,” and that “the purpose [of the reform of Law No. 24,410] was not to eliminate the activities of those who profit from the sale of, or act as intermediaries in, the surrender of children for benevolent or humanitarian purposes.”30 Case entitled “[M.] Re/Judicial Guardianship,” file No. 994 31. On August 1, 2000, a month and a half after the child’s birth, the couple B-Z requested the judicial guardianship of M. On August 29, 2000, the Ombudsman for Children and the Poor (hereinafter also “the Children’s Ombudsman”) informed the investigating judge that Mr. Fornerón had acknowledged the child. On September 27, 2000, the said judge ordered that Mr. Fornerón be summoned to appear, and on October 3, 2000, this official received a note from the first instance judge of the criminal case “Prosecutor requests precautionary measures - possible perpetration of elimination of civil status,” advising him of the case filed in the latter’s jurisdiction. On October 18, 2000, Mr. Fornerón, as “biological father of the [child],” asked the first instance judge to suspend the legal guardianship and that the child be transferred to him granting him provisional guardianship. In view of the biological mother’s denial of Mr. Fornerón’s paternity DNA testing was ordered on November 13, 2000, and the results were received by the first instance judge on December 11, 2000. The test confirmed Mr. Fornerón’s paternity. On February 14, 2001, Mr. Fornerón reiterated his request for suspension of the guardianship and return of the child, “who I not only love as my daughter, but also I have the legal and biological certainty that I am her father.”31 32. In March 2001, the first instance judge ordered that a psychological report be prepared based on the Children’s Ombudsman’s request for an expert appraisal on the “possible harm that [the child] could suffer if [her] surrender […] to her biological father was ordered.” The said report, submitted to the judge on May 9, 2001, concluded that “the transfer from a family she know […] to one that she does not know would be extremely harmful for the child psychologically, [and that] taking the child away from the people she loves and from her environment would be exceedingly traumatic and could cause serious and irreversible emotional harm, especially [if] she has already suffered from an initial situation of abandonment.” On May 7, 2001, Mr. Fornerón reiterated his previous request, indicating to the judge that the guardianship should be suspended “owing to the situation of the child who receives affection from those who currently have her, shares their home and 29 Cf. Appeal filed by the Prosecutor on February 5, 2001 (file of attachments to the Merits Report, attachment 12, folios 99 to 106). 30 Cf. Ruling of the Gualeguay Criminal Chamber of April 26, 2001 (file of attachments to the Merits Report, attachment 13, folios 109 to 114). 31 Cf. Ruling of the first instance judge of May 17, 2001 (file of attachments to the Merits Report, attachment 2, folio 14); brief requesting granting of legal guardianship of August 1, 2000; brief of the Ombudsman for Children and the Poor of August 28, 2000; record of summons to a hearing of Mr. Fornerón of September 27, 2000; note of the investigating judge of September 28, 2000; request to suspend the legal guardianship and return the minor filed by Mr. Fornerón on October 18, 2000; note of the First instance Judge of November 9, 2000; results of the DNA tests performed on Mr. Fornerón received by the court on December 11, 2000, and brief of Mr. Fornerón concerning the return of his daughter of February 14, 2001 (file of attachments to the answer, tome III, folios 3111, 3112, 3121, 3127, 3128, 3157 to 3160, 3163, 3173 to 3180 and 3182). 11