ERIC Number: ED430721
Record Type: RIE
Publication Date: 1998
Reference Count: N/A
Wrongful Adoption: Law, Policy and Practice.
Freundlich, Madelyn; Peterson, Lisa
The past decade has seen an increase in cases where adoptive parents fail to receive accurate or complete information about a child's physical, emotional, or developmental problems or about the child's birth family and history. In these cases adoptive parents are confronted with extremely expensive medical care or mental health care. This monograph examines the issue of wrongful adoption. Chapter 1 reviews the historical and social context of adoption practice in relation to disclosure of children's health and other background information to prospective adoptive parents. This section also outlines the benefits of disclosure to all parties to an adoption, and discusses the factors that may be related to failure to disclose. Chapter 2 discusses specific cases that have shaped the tort of "wrongful adoption," applies wrongful adoption theory to international adoption, and discusses state statutes that set forth disclosure obligations. Chapter 3 discusses some of the key policy and practice issues that warrant close consideration in relation to disclosure of health and other background information. Chapter 4 provides recommendations to enhance adoption agencies' abilities to implement quality practice in the area of disclosure of health and other background information and to limit exposure to liability for wrongful adoption. Contains 62 references. (KB)
Descriptors: Adopted Children, Adoption, Adoptive Parents, Child Welfare, Court Litigation, Disclosure, Legal Problems, Legal Responsibility, Public Policy
Child Welfare League of America, 440 First Street, NW, Third Floor, Washington, DC 20001-2085; Tel: 202-638-2952; Fax: 202-638-4004; Web site: http://www.cwla.org; e-mail: firstname.lastname@example.org
Publication Type: Reports - Descriptive
Education Level: N/A
Authoring Institution: Child Welfare League of America, Inc., Washington, DC.; Evan B. Donaldson Adoption Inst., New York, NY.