Does anyone know of any cases re: birth mothers suing for attorney and/or adoptive parent fraud?

Question

Does anyone know any cases in which a birthmother has filed suit against an attorney for misprepresenting her? I selected a profile of a couple, including pictures, careers, and educational background before putting my son up for adoption- NONE of it proved to be true. The attorney I called, I initiated services with, represented both me and the adoptive parents, but LIED about every single detail. Is there any recourse?

Answer 1

I doubt it.

As my x-husband (an atty.) used to say, do you have it in writing, aka a contract?  They hold all the cards, have attorneys on staff, and enough money to keep you in court for years.

My mother didn't make a 'choice' about my adoptive parents, she was made promises that were not honored--at all.

You might find some help & support here:

http://www.origins-usa.org

Good luck.

Answer 2

i would file a suit- yesterday.  also check in with these folks-

http://www.cubirthparents.org/

Answer 3

Proof of fraud or coercion are grounds to reverse an adoption. At least that's what I was told.

I'm curious if you even met the adoptive couple. More curious if you were offered any type of counseling.

Good luck to you.

Answer 4

If you had found out you had been lied to within a few years of originally placing your child up for adoption, you would have had a good chance, but there is probably a statute of limitations that limits the amount of time that one could sue.  The child might have a chance, but only within a year of turning 18, unless, you can prove that you just found out, and have evidence to prove that the attorney lied.    If you still have a case, you should seek an attorney out of town, and time is of the essence because if there still is a possible recourse, your time limit is running out.  Seek an attorney, and many you can ask without having to pay anything for a first consult.  Be prepared to answer, what would you do differently if you had known what they really do for a living, and by the way, did your son have a good life growing up?

Answer 5

OMG.

Get in touch with Origins USA.

http://origins-usa.org/

I'm so so sorry that this happened to you and your babe.

It's disgusting - and I hope something can be done.

Answer 6

Don't know of any cases, but I not only would report the situation to the bar association, but file a suit.  You need to do it immediately, because there is often a statute of limitations once the fraud is discovered.

If you find that you cannot do anything your next course of action is to make it public in order to get the law changed.  While agencies suck, there is significantly more fraud going on in the private sphere.  It's insane, for instance, for the attorney to be representing both you and the adoptive parents.

Answer 7

I am so sorry that this happened to you.  Sadly, it is very common in adoption for the expectant mother to accept legal representation from the same attorney who is being paid by the adoptive parents to represent them.  In fact, I am quite sure it is standard practice.

I am not surprised that you were lied to about the background of the adoptive parents.  I think it is very common in the private adoption, on-line advertising game.  Just a data point, I tracked an on-line profile of an adoptive couple and saw them morf as they waited longer and longer.  They even changed the religion of one of the parents.  I am sure that it was an attempt to score a baby based on the viewing statistics.

Is there any recourse?  It depends on if the adoption has been finalized or not, what state that you live in, and how well you documented the deception.  At a minimum, I would go for as much contact as possible with your child so that you can provide some moral guidance for your son.  Depending on how much the adoptive parents were in collusion with their attorney in this deception, he may need someone in his life to teach him honesty and integrity.  At a minimum, he will need to know that you were lied to.

I agree that you need to contact CUB.  Your story needs to be out there for others as a warning to never ever trust adoption workers and attorneys.