Emerging Liability of Agencies in Wrongful Adoptions

This new article discusses adoption fraud. Topics of Intentional Misrepresentation, Intentional Nondisclosure and negligent conduct are covered.

With regards to intentional misrepresentation, “The Supreme Court held that adoption agencies with legal authority to arrange and facilitate adoptions are professional entities with an uncompromising duty to maintain integrity in dealing with all prospective adoptees and adoptive parents. In citing and adopting the rationale of Burr, the Gibbs court ruled that “it would be a ‘travesty of justice’ to allow adoption agencies to engage in deceitful and fraudulent conduct with impunity.”

With regards to intentional nondisclosure, “The court concluded by stating that there must be a good-faith full disclosure of material facts concerning existing or past conditions of an adoptee’s health. Lastly, the California court made clear that public policy cannot extend to condone concealment or intentional misrepresentation that mislead prospective adoptive parents.”