Adoption Agency Abuse Lawyer
Sadly, abuse and neglect are part of the adoption system, where adopted children are subjected to physical assault, emotional abuse, sexual injury, and neglect.
At Rosenfeld Injury Lawyers, LLC, we know that adoptive families should be protected from the careless, negligent, or intentional misconduct of adoption professionals that cause physical, emotional, and financial injuries.
Was your adoption family victimized through another's negligent or intentional actions? Call our law office at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free consultation. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
Adoption is a rewarding experience for many childless families as it allows couples to adopt a child and thus perform the parental duties that they are otherwise not able to do.
Adoption agencies play a critical role in helping adopting parents and are much sought after due to their expertise in the subject matter. Unfortunately, an adoption agency's mistakes or negligence could harm both the child and the adoptive family.
Complicated Adoption Process and Adoptive Parents
Adoption is a complicated process that involves government administrators, counselors, attorneys, adoption agencies, and other stakeholders. In addition, parents adopting a child often must go through rigorous checks via the home study and several other interviews to qualify for adoption.
The child being adopted also goes through similar checks to ensure that they are physically, mentally, and emotionally fit.
These checks and procedures make adoption a complicated process, and the adoption placement agency guides prospective adoptive families throughout the process. Unfortunately, despite the best intentions of the adoption agency, there are instances of mistakes or negligence on the part of the agency that can lead to severe issues down the road.
Sometimes a child becomes a victim of abuse at the hands of abusive adoptive parents, while at other times, the adoptive parents must put up with an abusive child.
However, in most cases, the adoption placement agency is usually held responsible due to their failure to conduct proper background checks on the adoptive parents or the child.
What Is Wrongful Adoption?
Wrongful adoption refers to adoption negligence and is grounds for a lawsuit by adoptive parents who were victims of negligence on the part of the adoption placement agency or were misled and misinformed about the child's background.
Most U.S. states require adoption agencies to disclose specific information, such as the child's background, including their detailed physical and mental health histories, the prospective adoptive parents, and immediate relatives to the adoptive parents.
Any failure to disclose the information qualifies as an act of fraud, negligence, or negligent misrepresentation in various jurisdictions. Wrongful adoption lawsuits are relatively common and are usually brought by adoptive parents who the adopted child has abused due to his behavior.
Some adoptive parents are successful in their wrongful adoption lawsuit and awarded damages on a variety of grounds, such as damages for:
- Emotional distress
- Punitive damages
- Tutoring and other educational expenses incurred by the family
- Extraordinary medical expenses
- Costs associated with medical care
- Lost wages of the adoptive parents caring for the child
Can You Contest an Adoption?
Any victim of adoption abuse has a legal right to seek compensation based on the current law in their state. Victims could include prospective adoptive parents where adoption agencies have withheld or disclosed information necessary to make a well-informed decision on adopting a child.
Several states allow adoptive parents to contest an adoption if they were not aware of the material facts about the child being adopted or the placement agency acted negligently or misled the adoption parents by not disclosing certain pieces of information.
Personal negligence attorneys had handled countless cases involving adopted children who were severely harmed from their foster care or adoption placement when the adoption agencies failed to disclose pertinent information to the adoptive families.
Many reported cases involving wrongful adoption liability could have been prevented had agencies communicated with prospective adoptive parents or their adoption attorney in writing.
Wrongful Adoption Liability
In recent years, many wrongful adoption actions have involved international adoptions regarding the family's concerns over the health and developmental status of the child adopted through international sources.
Many lawsuits involving international adoption have been filed against agencies in the adoption country or sponsors in the United States. Many of these lawsuits are based on a failure to provide complete information, a lack of communication, and unverifiable or interpretive information.
These claims also involved genetic testing during pre-adoption evaluations and any failure to disclose any updated information on birth families.
Can an Adoption Order Be Overturned?
An adoption order is almost impossible to overturn as most states make it difficult to overturn an adoption order unless the case pertains to fraud, misrepresentation, or negligence. Therefore, you must check the local state laws to see whether your state allows an adoption order to be overturned and if yes, then what is the procedure for overturning an adoption order.
What Adoption Agencies Require to Complete the Adoptive Process
Adoption agencies usually act as a bridge between the prospective parents and the child being adopted or his biological parents. Therefore, they must coordinate with both parties and act so that the interests of both sides can be protected.
Adoption agencies conduct thorough background checks on both sides and gather a vast amount of valuable data about:
- Background information of both sides
- The child's medical history
- The child's mental and physical health histories
- The child's biological father and mother
- The child's other immediate relatives
Adoption agencies also play a vital role in screening any possible issue with the adoptive parents. They also act as the official guide for an adoptive family that guides them through the whole process.
Under their role in the adoptive process, adoption agencies can access valuable information about the child, their biological family, and adoptive parents. They are also duty-bound to disclose any issue beforehand to the parties involved.
Adoption abuse cases encompass a host of problems where the perpetrators and victims of abuse are often different. Usually, most types of adoption abuse cases concern adoption abuse by the adoption agencies, adoption abuse by adoptive parents, and in rare cases, abuse of adoptive parents at the hands of the adopted child.
Adoption Abuse at the Hands of Adoption Agency
Adoption abuse at the hands of the adoption placement agency mainly includes two types of cases, namely fraudulent misrepresentation and deliberate concealment of material facts. In addition, negligent disclosure and negligent failure to disclose material facts are other important categories of cases of adoption abuse by adoption agencies.
In most of these cases, it's the duty of the adoptive parent or the abused child to present supporting evidence that will prove that someone at the agency acted fraudulently or was negligent by either withholding information negligently or deliberately concealed material facts important for making an informed decision.
At present, there is no precise mechanism of regulatory oversight of adoption agencies, and only a minuscule number of organizations acting as adoption agencies are accredited by the state or federal government. The lack of oversight allows organizations to act as adoption agencies without necessary safeguards in place.
Adoption and foster care abuse lawsuits are very complex by nature, and it's vital to hire an experienced adoption abuse attorney who can navigate through the legal system and present a convincing argument in favor of your claim.
Adoption Abuse by Adoptive Parents
Adoption abuse by adoptive parents can have a severely detrimental effect on adopted children's health and psychology. In addition, adoption agencies can sometimes fail to properly check the background and history of the adoptive parents and thus put the child being adopted at significant risk.
Statistics suggest that thousands of adopted children are at risk of abuse at the hands of adopted parents in the U.S. each year. Child abuse by adopted parents can take many forms, such as violence, verbal abuse, emotional abuse, and sexual abuse.
There are cases where the agency involved in the adoption process was negligent or concealed facts about the family during the adoptive process. In these cases, the child or anyone acting on his behalf could file a lawsuit against the adoptive parents, the agency, or both.
While violence and sexual abuse are comparatively easier to prove in a court of law, it's more difficult to prove emotional or psychological abuse due to the peculiar nature of such types of abuse. Well-trained, experienced negligence attorneys can help you by guiding you through the whole process.
Adoption Agency Abuse Lawyer
Adoption agencies must conduct thorough background checks and disclose all relevant information to the adoptive family before completing the adoption process. Wrongful adoption can expose the adoptive family to severe distress, damage, and harm caused by a child's actions.
As any adoptive parent would attest, they are taking a leap of faith when adopting a child about whom they know nothing. Therefore, concealing information or negligent omission constitutes the grounds for revoking an adoption.
The families that are victims of fraud or negligence committed by someone in the adoption system have various legal means at their disposal to sue the agency involved and claim damages on various grounds.
Many families have been burned due to negligent or fraudulent actions of adoption or foster care agencies in the past, and if you believe that you are one of them, then it's time to seek the help of an experienced abuse lawyer who can assist you in filing the lawsuit against the agency involved in the matter.
An experienced adoption abuse attorney will not only help you with the legal formalities but will also guide you about the best course of action available and help you get compensation for the trauma suffered by your adoption family. In addition, an experienced adoption attorney can help you hold the adoption or foster care agency accountable and help you get justice.
Hiring Chicago, IL Adoption Attorneys to Resolve Neglect Cases
Are you an adopted child victimized through abuse? Are you seeking litigation options to hold the adoption services agency or your adoptive parents legally and financially accountable?
At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys understand that adopted children have a legal right to contest their adoption in court against their adoptive families, social workers, and the agencies involved.
Contact the negligence attorney today at (888) 424-5757 or use the contact form to schedule a free consultation. All sensitive information you share with our attorneys remains confidential through an attorney-client relationship.
Our Chicago, IL law firm accepts all personal injury cases through contingency fee agreements. This arrangement ensures that no fees are paid until resolving the case through a negotiated settlement or jury award.
Many abused adopted children have already resolved their compensation claims and lawsuits against their parents and agencies responsible for their harm. Call our law office today at (888) 424-5757 to discuss your case.