Legal Question in Family Law in New York
Adoption Disclosure
My wife and I were just placed with a special needs child. We anticipated a 3-6 month wait for finalization. We just learned today that our adoption agency failed to disclose the birth mothers aunt had filed for custody months ago. Had we known this prior to signing at placement we would have said no. But now we have the child and really don't want to just let him go. My question is what legal or ethical responsibility did the adoption agency have to disclose this custody filing with the courts?
1 Answer from Attorneys
Re: Adoption Disclosure
While this is not a situation that I have encountered before, the adoption agency does have a duty to inform you of the prior filing of a family member.
The adoption agency has a duty as a fiduciary and under contract law. It is my belief that you have a right to full refund of any money that you paid to the agency and, from the agency, of any other (legal, medical, etc) that you have paid.
While you have a right to a full refund and indemnification for any money paid out, the follow up may be more personal than legal.
I recommend that you report the agency for their error to the state of New York and seek counseling for your loss. It might be best to make yourselves whole before following up with a new adoption effort.
My best wishes that your prayers be answered.
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