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Breach of contract? I signed a contract with an international adoption agency.

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  • Breach of contract? I signed a contract with an international adoption agency.

    I'm not even sure if this is the right place for my question. Last September, I signed a contract with an international adoption agency. The contract is clearly written to protect the agency, as they all are. There are clauses that advice prospective parents that adoption is a risk, there is a chance you will not be able to adopt, and the agency will do whatever they can to help you adopt. The contract says that if you're assigned a child that can't be adopted because of death/illness or the birth mother changes her mind, the agency will match you with another child. The contract also says that if anything in the country changes or you decide to discontinue with adoption plans, you lose all of the money you paid for this adoption.

    I accepted the referral of a little girl last October. All of my forms were sent in to the agency as requested, with all of the notarizations and authentications, on December 8. I have numerous e-mails from the agency saying what's happening to the paperwork and how I've progressed with finalizing this adoption.

    I found out in March that much of what I'd been told were lies. There are serious problems in this adoption case. I did hire additional help in the foreign country, and they now inform me that according to their laws, this adoption cannot happen. They have also confirmed, and have paperwork to this effect, that my process has never officially started in the foreign country. The agency has been lying to me for over 11 months, saying this is a governmental problem but the truth is the agency is corrupt and working with unethical contacts in the foreign country.

    I do not want another referral from this agency, as I believe they are corrupt. They continue to lie to me, intimidate me, and mislead me. I have been asking for another referral since July, as per their contract, but they do not answer my requests.

    I would like to know if I can sue them for breach of contract. They have not progressed in good faith, as it says on their contract. They also have not given me another referral, as it says on their contract (and now I do not want one because I will pursue other adoption options). Is this a Family Law or a Contract Law dispute? Also, if I sue for Breach of Contract, would I be able to sue for all of the money I spent towards this adoption (over $10,000, so I don't think it's eligible for a civil suit, the monies included a deposit, legal fees, fingerprinting and immigration fees, dossier fees, and travel expenses from a visit trip to meet the child)?

    Thank you.

  • #2
    re: Breach of contract? I signed a contract with an international adoption agency.

    Please email WLD at [email protected] and reference [adoption abroad]. WLD lawyers will help outline a strategy for you to deal with this. The post you made is on file with WLD staff.


    • #3
      re: Breach of contract? I signed a contract with an international adoption agency.

      I have also emailed world law as i have some questions about the situation in Guatemala after reading some articles, both pro and con I would say.

      Would like to hear from anybody that has been through it all recently?


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