Small World Adoption Foundation of Missouri (2008), the New York courts were persuaded by the common law theory of "wrongful adoption
." In that case, Small World knowingly concealed the medical records of a Ukrainian infant boy from adoptive parents, and the child was diagnosed after arrival in the United States with severe health problems, including cerebral palsy that apparently stemmed from events related to his birth.
LONDON -- The first case of negligence for "wrongful adoption
" was launched in the English courts in by a couple who claim they were unwittingly allowed to adopt a "wild child".
Blank, "Note: Adoption Nightmares Prompt Judicial Recognition of the Tort of Wrongful Adoption
: Will New York Follow Suit?" Cardozo Law Review 15 (1994): 1687-1743.
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.
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.
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.