agency contract question

When we got our contract I wasn't surprised by anything in it. I didn't care for "anything you pay us we consider earned and nonrefundable" but that was the only thing that stood out to me. I didn't have anyone look over the contract because it seemed exactly as I expected. What parts of your potential contract seem one-sided or make you wonder? Robin

Our contract seemed pretty standard, nothing jumped out at me. They even had an addendum listing the particulars related to Panama including an estimate of additional expenses (airfare, lodging, visas, child's medical exam at US Embassy, even the exit tax when you leave Panama)

I guess I was frightened at first by all the discussion of risks in the contract. I realize they have to address all of those, however. Then the "waiver of claims" worried me a bit..." The adoptive parents waives any and all claims which they may have now or in the future..." and the part about non-refundable fees scared me too. As a teacher, I am not at all familiar with contract language, so all of this freaked me out! Does it sound pretty standard to you guys?

While I have NO legal background, I wonder about ...waiving any and all claims... In our contract we waive any and all claims relating to the info we receive on the child (they don't guarantee the info is complete or accurate), illnesses or injuries during travel, and mental and physical health of the child. All of our fees are also nonrefundable.

I agree with Julie bug. Since the agency is dealing with human commodity (hate to say it like that but don't know how to put it) and not a tangible manufactured good, they can't give out a warranty, ya know what I mean? Now, I have seen a lawsuit against an agency in spite of all these contractual terms, for instance, if the agency KNEW something about a particular child and did not disclose it (or hid it) from the parents. And even most tho agencies contracts say they don't refund any monies you've paid, I've heard of agencies giving some or all of the money back...I think if it was a really bad screwup or something, they would probably do something since agencies (esp non-profit ones I'd imagine) rely so heavily by word of mouth. Or they might reduce or waive certain fees toward another adoption try or to switch counties in time of political strife or some scenario like that. I have no concrete examples of any specific agencies doing this, this is just what I've picked up here and there in my research. To further research your agency, check with the BBB and theadoptionguidedotcom. And get a list of references. I wasn't too worried about my contract because if I felt really wronged or misled, I'd still make the agency's life a living hell until I got some kind of satisfaction, regardless of what the contract said. Just curious, which agency are you considering using? You can PM me if you'd like. Robin

"How many children of the age/sex/race that I want to adopt do you CURRENTLY have referred to your organization?" In other words, does the agency have a list of legally available (waiting) children whom they are trying to find homes for, or do they make a contract with the adoptive parents, then try to go out and find a child? If so, that's backwards! There are many, MANY children who need homes right now! (A few of them might be in Panama, but we're not hearing of many.) If the agency doesn't have a list of already legally available children, then you may want to consider a different country, and maybe even a different agency, because the wait to get a child legally free for adoption is excruciating! Just my.02. :D Rebecca, still waiting for the legal availability of "our" two kiddos 8 months after "meeting" them!

Great question to ask Rebecca, but I think we won't be very happy with the answer! I don't think there is a list of legally available children, I think many of the children in the orphanages have not had their parental rights terminated. It is backwards but it appears that they (Panama adoption authorities?) wait to find a family and then do the termination. That's why it is so long from referral to travel, and all agencies seem to be consistent that it will be 3 to 4 or more months from referral to travel. I think someone on the board also said that it is not frowned upon to have your child in an orphanage if you are unable to provide for the child. So my question is if there are all of these children in orphanages and only a few are getting referred for adoptions does that mean the others have regular contact with their family? And the ones that are getting referred are truly "orphans" and can be adopted? I got the newsletter from our agency yesterday and they said they need familes for older children in Panama. Who knows if these children are legally available or if a family expresses interest then the TRO will get started. Lots of unknowns... Julie

oops, that TPR (termination of parental rights) not TRO (temporary restraining order) I work for a domestic violence program!

Julie wrote: "And the ones that are getting referred are truly "orphans" and can be adopted?" That's a good question, Julie. My guess is that agencies (attornies) won't know whether a child is truly an "orphan" (legally so they can be adopted) until 1) the TPR is done, and/or 2) the child was removed due to abuse. But even in that case, the abandonment investigation will still need to be done to make sure there are no extended family members who can/will care for the child. I guess the true question for an agency should be: "When you give a referral to a family, has the child already been declared 'legally abandoned' and available for adoption at that time?" If so, it would seem the wait would be much shorter because the DNA would submit the family's paperwork along with the child's file to the judge, and a guardianship ruling would be made. (That would be much faster and more secure than having to wait for an abandonment investigation and TPR.) Lots to think about, certainly, when chosing an agency! :D Rebecca

Thanks, everyone , for your good suggestions and questions to ask the agency. I am still investigating my options, but hope to resolve that next week. Panama seems like a long wait, but it might shape up to be the best option for me...all other things considered. Have a good week!