Wrongful Adoption

An adoption that should or would not have occurred had the relevant facts about the child or the child’s biological parents been made available to the adoptive parents. Information may have been deliberately misrepresented or withheld by the adopting agency, resulting in the defrauding of adoptive parents
References in periodicals archive ?
The court said that when the adoptive parents relied on the false representation by the agency and were induced to adopt the child and, subsequently suffered a financial loss, the agency had committed wrongful adoption.
Feeling betrayed and facing a mountain of medical expenses and care costs for Alex, the Hogans sued the home for wrongful adoption, alleging the caseworker had been negligent in failing to disclose the birth mother's background.
Appellate courts in at least 10 states have specifically recognized some form of wrongful adoption since the Ohio Supreme Court first recognized the tort in Burr v.
With the evolution of wrongful adoption lawsuits," Freundlich said, "there are many incentives that have communicated to agencies how important it is that the necessary information is shared.
a Philadelphia lawyer who handles wrongful adoption cases, explained that more and more parents are looking overseas to adopt because they fear if they adopt in the United States, the birth father might reappear one day and challenge the adoption.
Wrongful adoption cases involving domestic adoptions bring their own set of challenges for plaintiff lawyers.
The Supreme Court of Montana has recognized a cause of action for wrongful adoption, holding the state liable for failing to disclose information to adoptive parents about birth parents with psychological impairments.
The ruling brought New York within the ranks of a growing minority of states that have recognized claims for wrongful adoption.
Marianne Blair, a family law professor at the University of Tulsa College of Law and an authority on wrongful adoption law.
The first wrongful adoption claim was recognized by the Supreme Court of Ohio in 1986.
The courts are right to be concerned about the rising number of wrongful adoption cases, according to William Pierce, the president of the National Council for Adoption, a Washington, D.
Parents in most of the published wrongful adoption cases from this era claim they spent years and thousands of dollars trying to find the cause of an adopted child's physical or psychological disabilities.