UN Experts Alarmed by Allegations of Illegal Adoption of Indigenous Children in Guatemala

“We are particularly troubled that no prompt, thorough, independent and impartial investigation has been conducted into the alleged involvement of some State authorities in these processes,” the experts said.

United Nations human rights experts have expressed grave concern over allegations that at least 80 Indigenous children in Guatemala were subjected to illegal intercountry adoptions after being institutionalised at the “Hogar Temporal Elisa Martínez” between 1968 and 1996.

The children were reportedly captured and forcibly disappeared before being placed in the institution, raising serious questions about State involvement, accountability, and long-denied justice for affected families.

“We are particularly troubled that no prompt, thorough, independent and impartial investigation has been conducted into the alleged involvement of some State authorities in these processes,” the experts said.

They added that mothers affected by the alleged illegal adoptions have reportedly not received adequate recognition or reparations.

Serious Allegations of Fraud, Coercion and Document Falsification

The experts warned that illegal adoptions can involve a wide range of unlawful practices, including:

• Fraud in declaring children adoptable

• Falsification of official documents

• Coercion or absence of free and informed parental consent

• Financial gain for intermediaries

They stressed that such acts constitute serious human rights violations, particularly when linked to enforced disappearances and systemic discrimination against Indigenous communities.

Calls for Independent Investigation Into State Officials

UN experts called for urgent and independent investigations into allegations that public officials were involved in facilitating illegal intercountry adoptions.

They specifically referenced former Director/Administrator María Consuelo Porras Argueta — now Guatemala’s Attorney General and Head of the Public Prosecutor’s Office — who reportedly served as the children’s “legal guardian” between 21 January and 30 August 1982.

The experts said the alleged involvement of senior State authorities makes the lack of investigation even more alarming.

Warning Amid Judicial Appointment Process

The experts noted that Guatemala is currently undergoing an important judicial appointment process, urging caution given the seriousness of the allegations.

They highlighted that Porras Argueta is reportedly running for election to the Constitutional Court and may also seek re-election as Attorney General.

“All individuals against whom there are credible allegations of conduct incompatible with human rights standards… should not be shortlisted or appointed pending independent and thorough investigation,” the experts said.

Victims’ Rights to Truth, Justice and Reparations

The experts underscored that victims and families have the right to access all available remedies under both international and national law, including:

• Judicial and non-judicial mechanisms

• Truth-seeking initiatives

• Criminal prosecutions

• Reparations

• Guarantees of non-repetition

They stressed that States have clear obligations to prevent, investigate, punish and redress violations connected to illegal intercountry adoptions and enforced disappearances.

UN Engagement With Guatemalan Authorities

The experts confirmed they remain in contact with Guatemalan authorities regarding the allegations and urged immediate action to ensure accountability and justice for victims.

The case has renewed international attention on Guatemala’s history of conflict-era disappearances and the long-term consequences for Indigenous families affected by forced separations.