• Adoption agencies may be incompetent or fraudulent
  • If you're thinking of adopting, you should investigate a potential agency by asking questions and checking the agency's reputation with other parents
  • An attorney can help determine if an adoption agency is reputable, and can assist in locating a good agency
 


It's an all-too-familiar scenario: You and your spouse are unable to have a child of your own and choose adoption. You contact an adoption agency and pay a hefty fee. Then you wait excitedly for the phone call that tells you when to expect a child.

Happily, most times the phone call comes. There may be a significant amount of work involved: home studies, meetings, paperwork. The wait time will likely be significant. And the financial cost is always high. But eventually, you have a child to adopt.

Sometimes, however, things don't go as planned. The funds are paid up front, then paperwork isn't completed and no home study is performed. The agency never calls. And your baby never arrives.

In one of the cruelest scams ever created, a fraudulent adoption agency has stolen your money and hope.

How the Scam Works

Most adoption agencies are reputable. However, some agencies are truly fraudulent. You and other adoptive parents pay a lot of money up front, and then the "agency" skips town. Or, they'll take large fees, but have no prospective birth parents giving up a child for adoption. They may be unlicensed. They may convince prospective adoptive parents not to worry about the legal rights of the birth father. They may not even be an adoption agency at all, but a very cleverly disguised scam artist.

The result is that you waste time and money working with an agency that is incompetent, or worse yet, fraudulent.

You Can Protect Yourself

Some red flags when dealing with an incompetent or fraudulent adoption agency are:

  • They request large up front fees, even before your application is approved
  • They promise a child or guarantee 100% placement
  • They don't obtain medical information to verify the pregnancy and health of the potential birth mother
  • They don't obtain a valid legal release or waiver of parental rights by the birth father
  • Or they otherwise act unprofessionally1

Obtaining information about reputable adoption agencies is fairly easy. Seek input from other adoptive parents. Many Internet sites provide forums for adoptive parents to share information about their experiences with particular agencies. The Secretary of State's office in your state can direct you to information about how to verify an agency's license. The Better Business Bureau can also provide information about complaints against a particular agency. The Attorney General of the agency's state of incorporation will be responsible for prosecuting fraudulent or incompetent agencies.

Once a potential agency is located, ask many questions. Inquire about the agency's application process, fee schedule, guarantees and philosophy for matching prospective parents with birth parents. Ask if the whereabouts of the birth father are known, and if he has agreed to the adoption. Ensure that the agency's process appears to be thorough and professional.2

Most important of all, you should always contact an attorney who specializes in adoptions. You'll need an attorney for the adoption anyway. An attorney not affiliated with the agency can investigate for potential scams or keep away other unscrupulous practices. An attorney may already be familiar with the agency and its reputation. In the event that negative information is uncovered, or recommends against the agency, he may be familiar with another reputable agency.

Adoption can be a viable and hopeful alternative if you're unable to have a child of your own or want to provide a home for a child without one. And with a little detective work, it's possible to avoid potential scam artists that are intent on defrauding hopeful prospective parents for their own ends.

Sources
1 AdoptionScams.net, http://www.adoptionscams.net/flags.html, accessed June 2, 2009.
2 "Selecting an Adoption Professional," Adoption.com, http://adopting.adoption.com/child/selecting-an-adoption-professional.html, accessed June 2, 2009.

Questions for Your Attorney

  • I'm thinking about working with a certain adoption agency. Are you familiar with the agency?
  • Can you help me with an adoption if I'm dealing with an out-of-state agency, or with potential birthparents who are currently located out-of-state, or in another country?
  • What kind of support and services can you offer while an agency is working on an adoption? I want a lawyer who can oversee the process so things go as expected, and so problems are solved if they come up.