By Randy Hutchinson
President of the BBB
Reprinted from The Commercial Appeal
People thinking about adopting a child may start with an online search for “adoption agencies near me,” but end up with what’s known as an “adoption intermediary” that may not deliver on its promises. The FTC sent warning letters to 31 for-profit adoption intermediaries in September.
Adoption intermediaries act as middlemen between prospective adoptive parents and birth parents in exchange for a fee that can run into the tens of thousands of dollars. They may also be called adoption advertisers, facilitators, consultants, matchmakers or brokers. They aren’t legal in some states.
The FTC’s letters cite examples of deceptive conduct, including an adoption intermediary representing in paid Google ads that it’s an adoption agency. That could lead consumers to believe it’s a licensed, child-placing adoption agency. Adoption intermediaries are not licensed adoption agencies.
Another deceptive practice involves advertising that an “open” adoption arrangement is an option without disclosing that it may not be legally enforceable depending on state law. Wikipedia defines an open adoption as one in which the adoptive parents hold all the rights as the legal parents, but individuals of the adoptive and biological families may exercise the option for open contact in varying forms.
The FTC said some adoption intermediaries advertise high placement rates and short placement times with no data to support the claims. Some also have contracts prohibiting consumers from filing honest reviews about them, which violates the Consumer Review Fairness Act.
Samuel Levine, the Director of the FTC’s Bureau of Consumer Protection, said, “Trying to adopt a child or place a child for adoption can be one of the most difficult and emotionally stressful experiences a parent can ever go through. It is essential that adoption intermediaries are truthful and not deceptive about the services they provide, how long the process may take, and how often they are able to facilitate a successful adoption.”
The FTC didn’t identify recipients of the warning letters. It warned adoption intermediaries who didn’t receive a letter to check their ads for deception, to make sure they can back up their claims, to not try to block honest reviews, and to remember that state laws also apply to adoptions.
It offers this advice for consumers considering a private adoption:
- Do your research. Adoption can be a complicated process. Know that unlicensed adoption intermediaries are not licensed adoption agencies. That means they’re not supervised by their state or bound by its educational, social work, or legal training requirements. If you’re looking for a licensed adoption agency, contact your state department of health and human services for a list.
- Consult a lawyer or your state’s adoption resources. Adoption laws vary widely by state, including the amount of time birth parents have to change their mind and how the law handles agreements for open or closed adoptions. Also, even if an adoption provider is licensed in one state, it may not be allowed to work with birth parents or place children in other states.
- Check out who you plan to work with. Choosing an adoption provider is a significant decision. Understand what services they do and don’t offer and what their fees cover. Review online complaints, ask for recent references, and check with your attorney general’s office for information about any legal actions.