Wrongful Adoption Recognized: $50 Million Lawsuit
Allowed
Parents have the right to sue an adoption agency that conceals or misrepresents information about the child they adopt, according to a recent New York State Supreme Court decision. In a ruling against Louise Wise Services in New York City, Justice Beverly S. Cohen held that "wrongful adoption" is a recognizable cause of action in New York State.
The ruling clears the way for Nassau County residents Martin and Phyllis Juman to sue Louise Wise Services for fraud and $50 million in damages because the agency did not reveal the long history of mental illness of their adopted son's birth mother. This history included a frontal lobotomy before their son was born.
The Jumans adopted their son, Michael, through the Louise Wise agency 28 years ago when he was 16 months old. Michael developed serious psychological problems and was hospitalized numerous times at great expense over a long period of time.
Mr. and Mrs. Juman maintain the agency fraudulently withheld information from them that would have had a direct bearing on their decision to adopt their son and their subsequent ability to obtain proper treatment for him. In her ruling, Judge Cohen said, "When the agency withholds the information that the child has special needs, generally to increase his chances of adoption, special protection will be lost to the child..."
Judge Cohen's recognition of "wrongful adoption" follows actions in eight other states. The first was Ohio in 1986. In the Ohio case, the presiding judge wrote of "informed consent": "In no way do we imply that agencies are guarantors of their placements ... However, just as couples must weigh the risks of becoming natural parents, taking into consideration a host offactors, so too should adoptive parents be allowed to make their decision in an intelligent manner."
New York is considered a "full disclosure" state, meaning prospective adoptive parents are entitled to all information known about the child and the birth parents. The exception is information that identifies the birth parents.
Legislation enacted in1983 established that, "...the medical histories of a child legally freed for adoption ... and of his or her natural parents ... shall be provided by an authorized agency to such child's prospective adoptive parent ... and upon request to the adoptive parent ... when such child has been adopted.... Such medical histories shall include all available information ... including any psychological information ... which may be a factor influencing the child's present or future health."
This law, Social Services Law s 373-a, also applies to children in foster care. Medical and psychological information about the child and the child's birthparents must be provided to prospective foster parents and upon request to the foster parent if the child is already in foster care. Additionally, when a child leaves foster care to his or her own responsibility, the medical histories must be provided to the child directly and upon request to any adopted former foster child.
Nevertheless, adoptive parents, prospective adoptive parents, adult adoptees, and foster parents continue to report problems to the Coalition concerning their inability to obtain information they are legally entitled to have. Hopefully, the Juman v. Louise Wise Services lawsuit and the potential judgment of $50 million will reinforce to agencies the need to "do the right thing."
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NYS Citizens' Coalition for Children, Inc.
410 East Upland Road • Ithaca, NY 14850
(607) 272-0034 • fax (607) 272-0035
office@nysccc.org
09/01/2006