Why is an adoption agency fee not illegal?

Question

When I was in law school, I worked on several cases which involved step-parent adoptions. The rule was that we did not forgive past due child support in exchange for the biological father (or sometimes mother) to agree to termination of their parental rights, because my supervising attorney said that you could construe this as exchanging money for a child and that's illegal.

So can't you make the argument that when adoption agencies charge excessive fees, this is selling children and therefore illegal? I don't understand how this is legal if forgiving past due child support (which is usually much less) is considered a sale of a child. It seems like people are profiting off these children. Why do we even have the law if people can disobey it? Any thoughts?

Answer 1

Can anyone make money form step-parent adoptions?  Not really.

But a lot of money can be made from the adoption (sale?) of children.  There are lobbyists in Washington working to insure that these practices continue.

Crazy, huh?

Answer 2

You're not paying for the child, you're paying the legal fees associated with adopting it.  The administration needs to feed their families too.  Forgiving the back child support is different because the child support is technically being given back to the ex parent.  That ex parent performed no service to deserve payment.

Answer 3

Sooo, who is going to pay the fees for agency employees salaries, rent, utilities, paper, gas, a c-section, a special needs baby in NICU with no insurance, housing...yada, yada, yada.......?  

Many of the services provided are for birthmothers who do not place and adoptive parents who may not adopt from that agency.  Sometimes, agencies end up in year long legal battles to keep a child in their adoptive home after a birth parent changes their mind about adoption 2 years later.  Who pays for this?

At least 1/2 of a person's adoption fee goes to other cases, other client's expenses.  The other half goes more to their case.

Add it up.  It is not hard to see where it goes when people really know what is involved.  As for people profiting by placing children for adoption, how about pediatricians...don't the profit from sick children?  How about psychologists?  Don't they take your money for listening to you?  And how about fertility docs? Why, they take infertile couples money!  And how about ministers?  They take your money every week!

Are there crooked people in adoptions?  Of  course!!  And there are crooked pediatricians, psychologists, ministers, lawyers, truck drivers, nurses and janitors.  Of course we get MORE upset, and rightly so, when anyone less than ethical is involved in anything to do with an innocent child.

But by making all people connected to working in adoptions evil is ludicrous.  That's as insulting and erroneous as saying all adoptive parents are good people.  Not true!  Or all birthmothers are loving and generous.  Not true!

Adoptions, just like infertility specialists, sperm banks, Shrinks, Planned Parenthood, therapists, Hospices and hospitals are all in the business of helping people.  Yes business. It is not a crime to make a living at what you care about.  And just because you do make a living at it,  doesn't mean you are motivated by money.  Nor does it mean you make a lot of it!

I heard about an adoption agency in Oregon somewhere that is owned by an attorney.  She apparently drives a Mercedes and is wealthy.  I have heard that she is not the most ethical of agency owners.  But does that then make all agencies bad?   Agencies usualy provide more than just adoptions.  there is foster care, respite care, counseling, safe housing, etc.  Oh, by the way....who pays for that?

Do I sound somewhat defensive? No more than those of you on this board who constantly blast anyone connected with the vile and wicked work of making sure a child who has been surrendered by his mother has a family!

Answer 4

Mr. Nice I think she is refering to the Placement fee.

When a person gets matched outside of an agency, but uses the services as required by law, they don't pay this "fee" but if the agency matches the family, they charge a placement fee. usually based on income, with a minimum and maximum.

There are plenty of other areas to charge for itemized fees.

I HATE to use this as a comparason, but look at real estate. If 2 parties find eachother, they still need someone to do the title work and loan processing and each thing it itemized out. If they use an agent, they pay a % of what the house sells for, Right?.... and what do real estate agents do?????   They sell houses. They assure the seller that they are selling the house for top dollar and the buyer is getting a steal, which may be true. I have no problem with Real Estate agents, I am friends with a few, and I hope the hook me up some day, BUT..... they are selling houses, they call it what it is.

ETA--- you're right, the legal fees are paid to the attorney. Ours was not in any way associated with our agency.

Answer 5

Up to 30K, wow, can't believe that.  Glad here in Canada we adopt through our local Social Services.

Answer 6

It is in most civilized countries!

However free enterprise in the USA appears to include making money off the backs of little babies.  It's disgraceful and should be illegal.

Answer 7

there is an African American minister that makes  the same argument......the buying and selling of human beings went out with the 13 amendment.

But when was the last time you saw a politician....democrats or republican running to bring about adoption reform? But hey they have no problem giving themselves a raise!

It's no mistake these politicians still carry law licenses

Answer 8

I do agree many adoptions fees are outrage. Unfortunately  the people who have money are willing to pay this fees. The agency can be blamed however much goes to those who do adopt from agencies or lawyers that charge a ton ,since they are willing to pay it.  It’s sad because some people who would make good parents but cant pay the outrage adoption fees that some agencies have. This turns some toward the black market which is not right.   Now if these people who can and are willing to pay 30+ grand  would just say no then they would have to lower things down. People aren’t willing to do this though they want to have a baby and some with pay anything if they can afford it.

Ideally the money should go to agency fees, the people that work for them, as well as any counseling or services that are provide for birthmothers after they have surrender and during the time they are thinking of it. I think all adoption agency’s should be non-for profit. The fees should be the same no matter what the race of the baby is.

Answer 9

Hi La,

I agree, there is no good reason.  Payment in exchange for children should be illegal.  Not just for stepchildren, but for all children.  You bring up some good questions with some good supporting evidence there.  I also question why so much can be charged, or any at all.

In addition to those reasons you mentioned, look at natural father's child support payments.  If his child is adopted by someone else, the father is excused from paying what he owes.  If he does not sign relinquishment papers, he is responsible for child support.  Social workers representing adoption agencies know that and use that as a big carrot to get natural fathers to sign away their rights to the their child.  This frees the child for sale to adoption, where more profits will be made from him/her.

As unpleasant as it may be to think of, money is still being exchanged or payments excused, in exchange for a child.  Yes, child selling is HUGE business in America.  Billions every year.  One might hear the argument that homes could not be found for children without all these profits being made.  That's not true.  Homes are found for children in Australia, England, and all of the other countries that have more advanced and humane practices of adoption.  If anything, MORE families would be able to help provide homes for children who needed them if there were not outrageous profit pricetags attached to them.  The focus should only be on providing homes for children who need them.  It should not be on keeping profit-agencies in business who recruit infants and then turn around & sell them to their clients, the prospective adoptive parents with money.

It's wrong because it is selling children.  It should stop.  Children are people too.  Since 1865, It has been illegal in our country to sell people.  We have the law because deep down everyone knows it is wrong to sell people.  The law is broken because others want something badly enough to convince themselves it is something other than what it really is.  Deep down they know it is wrong too.  Thanks for asking, and keep speaking up about this.

julie j

reunited adoptee