Wrongful / Negligent Adoption

Wrongful Adoption

Since 1987, the number of adoptions occurring annually in the United States has remained steady, ranging from 118,000 to 127,000. The act of adoption can mean a new chance for an orphaned child - and new hope for the family that welcomes them into their lives. But what happens when critical facts about a child's background are not disclosed, resulting in undue hardship for both the parents and the child?

What is Wrongful Adoption?

Wrongful adoption , also referred to as negligent adoption, is an adoption in which the background of a child was not fully disclosed to the adoptive parents at the time of placement. This withheld or undisclosed information may include serious physical, emotional or psychological defects or deficiencies. A wrongful adoption may occur as a result of both negligence and fraud on the part of the adoption provider. Today, wrongful adoptions are recognized in the states of California , Illinois , Massachusetts , Minnesota , New York , Ohio , Pennsylvania , Rhode Island and Wisconsin .

In a typical case of negligent adoption, parents are led to believe that their adoptive child is in good general health. Weeks, months or even years later, it is discovered that the child has serious psychological and/or medical problems that require costly medical care. If the appropriate information had been provided to the adoptive parents prior to placement, they would be been better equipped to make the decision of whether or not to adopt.

Landmark Negligent Adoption Case

The first reported successful case of wrongful adoption occurred in 1986 in Burr v. Board of County Commissioners of Stark County in Ohio. The Burrs had adopted a 17-month-old boy in 1964. They had been told he was a “big and healthy” child born to an 18-year-old unwed mother. However, in later years, the child suffered numerous diseases and physical problems, prompting the parents to get a court order to open sealed adoption records. It was then that they learned their son's birthmother was actually a 31-year old resident of a psychiatric institution. Additionally, it was discovered that early evaluations of the boy revealed low intelligence and a risk factor for Huntington's disease.

In this tragic case, the adoption agency intentionally misrepresented the child's background to his adoptive parents. The Burrs were able to sue the agency for wrongful adoption and recover monetary damages to cover their son's considerable medical costs.