If you are under gag orders from an Adopt Agency, should you still talk about your bad experience with them?

Question

I've jsut became aware that some Agencies place the aparents under gag orders so that it prevents them from saying negative things about the agency. Do you feel that it is right for them to do this (what about freedom of speech? For example), and do you think that adoptive parents should speak of their experiences, especially if they believe the agency handled their adoption badly?

Thanks, and any answers would be appreciated.

Skatergurljubulee

Answer 1

I've heard of those too and know they exist.  It's wrong!  Why would anyone sign one!?!?!  In my opinion those are the agencies who probably have had too many negative things said about them.

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Gershom:  I'm not sure that they're actually called "gag orders", but I've heard of some folks who said their agency contacted them because they were found talking negatively about them online.  (The circumstance I know of is of when sneaky people go online while posing as someone else to find the "bad" talkers and report them to the agencies.)

Answer 2

If an agency has any kind of gag order clause or anything of the like then that means they have something to hide, they don't have a gag order just to have one, they had to of had a reason to add it and thus should NOT be trusted by anyone!

Answer 3

I've never heard of such a thing, but I seriously doubt that it would be legal.  Gag orders, unless court ordered, seldom are.  Getting people to sign an agreement that they won't talk about something (without  a court order) is just a way to prey upon fears.  In fact, it could be considered intimidation tactics.

Answer 4

I've worked for 4 different agencies and I have never heard of a gag order....I haven't even heard of a confidenitiality clause about the agency..now about the clients, yes......

No one other than a court of law can place anyone on a gag order...you can sign the clause, but I guess you could break it and if they wanted to, they'd sue you.

Giving out information on clients you were connected with, or information about a minor child that is not yours is protected, but saying "Hey this place charged me $5,000 for the same home study my friend got done for $300,"  is not.

And yes, if you have a negative experience with any place of business you should tell people.

Answer 5

You should never sign a contract with an agency if they are trying to impose a "gag order" on you!   Any good, reputable agency has no problem with their clients talking about them publicly.  

And yes, I do think that parents who had a bad experience with an agency should pass on that information to other prospective adoptive parents.   If they did not deliver services as promised, other parents have a right to know about it.

Answer 6

FYI....only a federal gag order is enforceable.....a little known fact.

No adoption agency should attempt to get the court to place any party under a gag order. I would love to know more about why your asking....there has to be one whopper behind this.

If you are considering using this agency I would say this is ONE BIG RED FLAG!!!!

Answer 7

Absolutely anyone - adoptees, natural parents, and adoptive parents, should feel free to review agencies and let others know how they were treated

You can do so at this site:

http://www.adoptionagencyratings.com/

Answer 8

http://www.adoptionagencyratings.com is a really good place to give anon reviews on agencies.

Also, you can go to the BBB and give them there as well!

I had no idea that agencies can put people on gag orders. How do they do that? Interesting.

Answer 9

Well, this is something people need to think about BEFORE signing a contract.  You are pretty much stuck if you sign it because they very wll may find out and very well may sue if you talk.  Some agencies even pose as pap's asking for experieinces with their agency to catch people.  Ugghhhh.  

My advise to anyone is to read the contract carefully.  The excuse for gag clauses, and the language in the contract will state that they need to help babies find homes, and people speaking negatively inhibit that, so negative discussion of the agency t is not allowed.  

BTW, there are some okay forms of gag clauses that are actually designed for the protection of the child.  Some contracts say that a pap is not allowed to publicly discuss information about the child or pictures of a child until the adoption is legal, etc.  That, I think is okay, and is truly for the protection of the child and birthfamily should the adoption not happen.  This is not the same as prohibiting discussing the agency negatively

My advise for pap's is just to read carefully, have a lawyer look at the contract, and ask lots of questions if confused.

Answer 10

There are several answers that know more about the legalities of gag orders, however, re-read your agreement.  Many times, the "gag" order is related to when you meet a young birth mom, and she doesn't want anyone to know her name.  That should be respected, but your adoption attorney should be able to answer your question.   No agency should have a gag order, unless it is just to protect the name of the birth parents.  Also, I can understand where an agency could sue in the event that someone slandered them because they have found a birth mom, and sometimes, no matter what, bmoms are going to change their mind.  The same agency should have another girl come in soon, however, I can see where that shouldn't be the agency's fault, because no one can predict human behavior.

Answer 11

Only a COURT can provide for a gag order. A judge has to rule and the judge will also rule on how long it will last. Only the Feds can issue an indefinite gag order that can be enforced.  There is no gag order that has unlimited time.

Confidentiality agreements are also unenforceable once the adoption is final.