The Adoption Contract
Signing Your Adoption Services Contract
Once you choose an accredited adoption service provider, you will be expected to sign an adoption services contract with that agency. As noted above, the adoption service provider will provide you with a sample written adoption services contract similar to the one that you would be expected to sign should you proceed to use that agency.
Additionally, to protect you from unexpected fees and from being charged for services not provided, adoption service providers will present you with a written proposal of their expected total fees and estimated expenses before providing any adoption service. In addition, the adoption service provider will explain when additional fees may be charged, the refund policy, and how the fees and expenses must be paid.
Adoption Fees
Before providing any adoption services to you, your adoption service provider must itemize and disclose in writing the following categories of fees and estimated expenses:
- The home study fee
- Adoption expenses in the United States
- Foreign country program expenses
- Expenses incurred in care of the child
- Translation and document expenses
- Contributions to child welfare service programs in the child’s country of origin
- Fees for post-placement and post-adoption reports
- Third-party fees
- Travel and accommodation expenses
The adoption service provider must be able to reference a written policy stating that you are not ordinarily responsible for additional fees and expenses beyond those disclosed in the adoption services contract. In the event that unforeseen additional expenses arise, the adoption service provider is permitted to charge you for the expenses only if:
- It discloses the fees and expenses in writing to the prospective adoptive parents.
- It obtains the specific consent of the prospective adoptive parents prior to expending any funds in excess of $1000.
- It provides written receipts to the prospective adoptive parents for fees and expenses.
Liability Waivers
The regulations allow adoption service providers to require you to sign a waiver of liability only if the waiver complies with applicable state law. All waivers are limited and specific and are based on risks that have been discussed and explained in your adoption services contract.
It is important to keep in mind that there are inherent financial and emotional risks associated with every adoption. You and your adoption service provider are encouraged to discuss these risks openly and candidly. You may find it beneficial to consult with other parents or support groups about the risks and concerns associated with adoption. You may also find it helpful to consult with an attorney when reviewing an adoption services contract.
Disruption and Dissolution Plans
Your adoption service provider will include a plan in the adoption services contract that outlines the organization’s responsibilities in the case of a disruption of the adoption placement.
The plan in case of a disruption addresses:
- Who will have legal and financial responsibility for the transfer of custody of the child in an emergency
- Who will assume care of the child
- How the adoption service provider will take into consideration the child’s wishes, the child’s age, and the length of time the child has been in the United States
- How the Central Authority of the child’s country of origin and the U.S. Central Authority will be notified
- Under what circumstances might it be in the best interest(s) of the child to return him or her to the country of origin
Adoption service providers will inform prospective adoptive parents in the adoption services contract whether they will or will not provide you with any post-adoption services. Moreover, the agency will inform prospective adoptive parents if it will provide services in the event of dissolution of the adoption-and if it will-the agency must provide a plan describing its responsibilities.
