Do you think that an adoptee should be able to sue their adopted parents?

Question

When many adopted children they go back to home country and easily find out that they were kidnapped or that their bio-parents were forced into the adoption racket and the adoptive parents didn't bother to find out the truth should they be able to sue their adopted parents for negligence?

Here's an interesting website into the beautiful world of international adoption. Some sites were forced down by attorney's and adoption agencies fighting for the right to continue brokering babies with the financial support of a-parents.

http://www.motherhelp.info/links_international_adoption.htm

Answer 1

Yes, but I also think it would be smarter to go after the adoption agency.  Deep pockets and all that.  Or better yet, they should do BOTH.

ETA:  To the first two answerers, if there is ANY chance the child you're adopting could have been stolen, what the heck are you doing taking that child half way around the world?  How is ignorance an excuse???

Answer 2

No, the adoptive parents have gone to an agency in good faith.

Now, the agencies that are dealing knowingly in these types of adoptions should be held liable.

Answer 3

From the experience I have had with couples who have adopted internationally and looking into the process myself, many countries do not kidnap children and then poof you have a baby.  Countries like China, Korea, etc keep the child in the orphange for months sometimes years before the child is even allowed to be adopted.  The whole issue comes down to research and to make sure you cross your t's and dot your i's.  Do not work with shady people.

Answer 4

Now that's an idea!!

And it's mostly rubbish when AP's or others say that it should be up to the adoption agency to find out the truth.

I've read too many blogs - where AP's would rather hide their heads in the sand - than find out that their little adoptee might be stolen - and really seek out the truth.

Because - far too often - it's all about THEM.

They want a babeeee - and they don't want to give him/her back.

AP's pay big dollars for adoption.

Adoption agencies will do anything to get the dollars.

It has to stop somewhere - and if the AP's don't demand that the system gets cleaned up - who else is gong to?!?!

The poor families back in the countries where the children are stolen from?!?!

The children themselves?!?!?!

Somehow I don't think so.

I do hope that some adoptees start suing the pants off some people down the track.

But the only ones that will - will be the one's that are strong enough to get through the "oh you should be so grateful for all we've done for you" bulldust that will be sprouted to them all their lives by everyone from their a-family - to the pope.

*sigh*

Answer 5

I don't see why a child would sue their adopted parents for taking them out of a potentially dangerous situation and giving them a safe, healthy life. Also, even if the child attempted to sue the parents for negligence, it would be thrown out. If the adopted aprents didn't know, how can they be held accountable?

Also, as long as there are legal documentation stating the adoption is final and legal, the child isn't kidnapped. Many many many adoptive parents who choose international adoption adopt from orphanages, not just walk around a village and peel a child from their mothers arms and say "I want this one". That's just absurd. Even to think that is absurd. These parents spend THOUSANDS of dollars for the adoption ALONE, not to mention the thousands more they spend on travel and accomodations in the process of the adoption.

So, no, I don't believe so. And I think this is a ridiculous question to.

Answer 6

If adoptive parents are aware of of illegal proceedings and practices then knowingly bring the child home then YES.

There is NEVER an excuse to turn a blind eye.

Answer 7

It is not that they couldn't be bothered they truly believed they were getting a  child legit.  Your in an orphange and they say mom dropped the child off you can't find mom.  You believe them and take the child home.

Answer 8

Independent,

I do think that IF the APs are knowledgeable about illegal or immoral circumstances surrounding their adoption then that adoptee has EVER RIGHT to sue the APs and everybody involved. It's kidnapping for crying out loud!!

There was a recent case of an adoptee who sued her AP when she found out they had taken her from Dirty War detainees. (Her biological mother was killed after she gave birth.**heartbroken**) She won.

There are many IAs that ARE ethical and work out wonderfully, but if there has been some sort of illegal activity than absolutely the VICTIM should be allowed to ask for justice and/or restitution.

ETA: In response to Renee's answer I feel that I need to point out that in many countries, "orphanages" do not always mean just a place for homeless children. In many third world countries, it is common for parents to temporarily place their children in orphanages during periods of extreme hardship in order to ENSURE that their child will have FOOD. Also, in some countries, the word "adoption" does not mean a permanent thing and in some languages there ISN'T even a word for it. There have been SEVERAL cases where there have been "communication" issues which have led to adoption problems. Just recently David Banda's father was under the impression that he would still be seeing his child and has spoken out about the "miscommunication" about his son's adoption by Madonna. It is ABSOLUTLY imperative that foreign adoptions have impeccable communication as well as thorough and vigilant care with paperwork and screening.

ETA: You can pretty much sue anybody you want. (You won't get far without a good reason and proof though.) Biological children sue their parents all the time!!!

Answer 9

Adoptive Parents?  No - unless they did the kidnapping.  Then criminal charges should be pressed.

However, if an adoption agency did something unethical, then yes, I would say one should be able to sue the adoption agency.

Answer 10

Regardless of the thoughts on this it all boils down to one thing...intent.  If there was no intent to do harm then thats where it ends.  Even with negligence you still need to prove that under the circumstances the person involved failed to do something that they reasonably should have been expected to do.  In international adoption cases the adoptive parents are quite often at the mercy of the agencies they are dealing with and they are feeling emotionally blackmailed enough not to challenge what ever is going on.  

Having done an adoption in another country and having done it legally I've seen the process as it really is.  What cost me and my wife $800 to do in our host country (we lived there for three years and adopted while we were "in country") and to know that to do it from Canada (the US would have been similar) would have cost us between $20-$30 k really drives home the point that adoptive parents are at the mercy of the agencies.  

I really don't understand why anyone would do an international adoption when there are perfectly wonderful kids at "home" who need loving families and who would be adopted through recognized and accepted channels where there is some proper institutional and judicial oversight.

Answer 11

Parents should only work with Hague accredited adoption agencies so they can feel more confident that there's no corruption involved in any aspect of their adoption.