Wrongful Adoption Claims
Over the last three decades, the tort of “wrongful adoption” has become more prevalent. Essentially, “wrongful adoption” is a type of fraud claim based on the adoption agency’s failure to properly investigate and communicate knowledge about a child to the prospective parents. In most cases, it involves medical or developmental issues that are withheld from the adoptive parents.
The Elements of a Wrongful Adoption Claim
Many states now recognize the claim for wrongful adoption, though the basic elements may differ slightly. Most wrongful adoption claims allege a failure to act in good faith; this means the legal elements often include misrepresentation, fraud, negligence, or contractual breach of good faith. Courts look at whether the information the adoption agency failed to disclose was “material.” Courts consider information “material” if it would have impacted the adoptive parents’ decision to adopt.
The Opportunity for an Informed Decision
A successful adoption most always depends on the informed decision of the prospective parents. If the parents are unable to afford to support a child because of medical or emotional issues the parents were not aware of when the decision was made, then the family will likely become a liability on the state and on society. For this reason, it is important that prospective parents are provided all of the pertinent information on the child that is available.
Hidden Releases Used by Adoption Agencies
Unfortunately, many courts have cited a long history of adoption agencies including release clauses in their adoption contracts, which limits their liability for withholding medical information about the child or the child’s birth parents. While adoption agencies are typically barred from disclosing identifying information regarding the birth parents, this does not include medical or psychiatric information which is often extremely important information for the adoptive parents.
If you have questions regarding adoptions, or any other family law issues, contact attorney Brad J. Latta online, or by calling (205) 401-1309.