Adoption News

How Can Wrongful Adoption Liability Be Minimized

Between 1980 and 1995, the vast majority of States adopted statutes mandating that at least some health information be provided to adoptive parents.3 These laws recognized that adoptive parents need information about a child's medical problems or behavioral issues before the adoption takes place.4 Agencies and intermediaries can begin by identifying the requirements of their State law (if there is one) and implementing a policy to meet those requirements. However, merely meeting the State's statutory requirements may not be enough to guard against wrongful adoption claims. Courts have rejected agency's defenses that disclosure was not currently required by State statute.5 Agencies and intermediaries can minimize their exposure to liability for wrongful adoption by taking the following steps in keeping with their State's statutes and administrative regulations: Obtain and Disclose "Material Information" on the Adopted Child's History. Material information is any information that might be helpful to a prospective adoptive parent in deciding whether to adopt a particular child. (Wrongful adoption cases have considered birth parents' physical and mental health histories and a child's history of emotional or behavioral problems to be "material" information.) The majority of States have enacted statutes requiring the full disclosure of a child's social history and medical information to prospective adoptive parents.6 In addition, some States have more detailed requirements in State regulations or licensing requirements.7 In many States, the duty (either explicitly or implicitly by statute) to use "reasonable efforts"8 to obtain background information and disclose health information may also extend to an attorney who serves as an intermediary or files a petition for adoption.9 The purpose of these laws and regulations is to protect children and their families from harm arising from incomplete and inaccurate disclosure. Questions to consider when researching a child's background include: What would I want to know if I were adopting this child?
Have I satisfied the legal requirements of my State?  Have I used reasonable efforts to obtain as much background information on this child as I can?

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	Did You Know?
	Most adoptive parents are two parent families Most adoptive parents are two parent families aged 31 to 40. A growing number of parents are aged 41 to 49. Most parents attended or completed college. Children can be adopted from other countries Adopting children from all over the world has become something U.S. residents and citizens have been doing more and more when starting or expanding their families. Over 20,000 inter-country adoptions are taking place per year in addition to the more than Adoption assistance is available Monthly or one-time only subsidy payments to help adoptive parents raise children with special needs. These payments were initially made possible by the enactment of the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272) which provided Federa