Legal Action for “Wrongful Adoption”

Under the law of many states, if an adoption agency has adverse information about a child who is being considered for adoption, the agency has an obligation to provide that information to the prospective adoptive family, particularly if the prospective adoptive family asks for such information. If the agency does not provide the information, the agency could be liable for the damages that result. A lawsuit for such damages sometimes is referred to as an action for wrongful adoption.

In one case, for example, an agency withheld information about the biological mother’s mental illness and institutionalization. As the child grew, the parents realized the child had a severe mental illness requiring substantial amounts of treatment. The adoptive parents were able to collect damages for the cost of treatment and for their own emotional suffering.

In states that allow adoptive parents to seek damages from agencies for a “wrongful adoption,” the law does not require that the agency guarantee the health or quality of a child,but the law does require that if the agency knows significant adverse information about the child, including about the child’s health and genetic background, the agency must share that information with the adoptive parents.