Legal Question in Family Law in Oregon
Can we sue our adoption agency?
Hello -
I am asking this question because I had heard that someone in a similar situation filed suit and won. Over seven years ago, we signed up to adopt a foster child through state adoptions in California. The social worker informed us of a boy who she said, despite being exposed to drugs in utero, domestic violence, and neglect, he really is resilient and doesn't have any issues. He moved in our home at 17 mo. and when we expressed concern about behaviors, the social worker gave us a book telling us this was normal for the age. We adopted him and the boy has since been diagnosed with bipolar disorder, retardation, autism, adhd, you name it. He is extremely violent and our family has suffered physical harm, emotional trauma, and stress-related health disorders. We recently placed him in a treatment home. I felt that we were misled in the beginning and that we have experienced huge trauma. The boy needs so much more help than the state pays for or that we can afford. Like I said, I heard of another family that successfully sued, what do you think about this?
1 Answer from Attorneys
Re: Can we sue our adoption agency?
First, in the adoption was through a state agency in California, you could not bring legal action in Oregon. You would have to file the lawsuit in California.
But before you do so, you should check with a California lawyer. Most likely, the state has immunity from such a lawsuit (unlike might be the case with a private adoption agency).
Also, as a general rule, adopting a child is a completely "buyer beware" proposition. The child is accepted by operation of law in "as is" condition, without any warranty of fitness for any intended purpose. As a matter of law, verbal respresentations to the contrary are enforceable.
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