Despite the fact that adoption has existed for hundreds of years, the legal concept of Wrongful Adoption is a fairly new development. There are numerous responsibilities that adoption agencies have, both to the children seeking adoption and for parents looking to adopt. Wrongful adoption is a shorthand term that refers to an adoption agency’s failure to release significant and pertinent known information about a child to prospective adoptive parents. Withholding information about a child’s background can be critical and dangerous.
For much of the 20th century, adoption agencies advocated full secrecy and anonymity between adoptive parents and biological parents. This is still a problem today. Many adoption agencies fear that the disclosure of an adoptee’s background information may hinder their chances for adoption and thus withhold vital adoptee background information.
Reasons for Wrongful Adoption
Wrongful adoption can occur when:
• An adoption agency failed to disclose medical background on child, including the existence of psychological illness, medical ailments, psychiatric needs and disability
• Negligent disclosure or negligent misrepresentation
• The adoption agency deprived adoptive parents of the opportunity to make an informed decision on adoption by failing to disclose the adopted child’s background information
• Adoptive parents and adoptive children suffered emotional, physical and/or psychological hardship as a result of withheld information
• Intentional misrepresentation or deliberate concealment of a child’s background
Wrongful Adoption Liability
Typically, the plaintiffs–adoptive parents–will file a wrongful adoption lawsuit. Since the late 1980s, state legislatures have begun to modify adoption statutes that require an adoption agency to provide full disclosure of all health and background information to adoptive parents. Evidence has proven that full disclosure of a child’s background prior to adoption is in the best interest of a child.
Working with an expert family law and personal injury lawyer is imperative in wrongful adoption cases. If you have suffered because of an adoption agency’s failure to disclose imperative background information, you may be entitled to compensation.
Monetary damages for wrongful adoption may be awarded to you if:
• A child cannot get psychiatric or medical assistance necessary because of withheld information
• Adoptive parents were emotionally or financially unprepared to deal with illness or disability of child
The lawyers of The Horwitz Law Group can help you during this difficult time. We understand that as a parent, you may not want to end your relationship with your child. However, you may be entitled to financial remuneration for medical or psychiatric treatment that your child required as a result of an adoption agency’s negligence. Call (312) 641-9200 for a free consultation today.