Facilitator or agency? What to look for before signing an adoption contract in California

When it comes to people who help families adopt, titles matter.

California is the only state that administers what’s called a “registry” for what are known as adoption facilitators. Through the Department of Social Services, people in the business of working with prospective parents trying to adopt can register as official adoption facilitators.

Sometimes called intermediaries, facilitators can charge tens of thousands of dollars in fees with an understanding that they will leverage their network inside health care clinics, on college campuses and through religious organizations to find pregnant women considering adoption.

About a dozen such facilitators are registered in California, some with rosters of only a few dozen clients, and some with hundreds. When problems arise, accountability can be difficult to come by; the state admits it does not provide oversight of adoption facilitators.

It’s a different story with adoption agencies.

Sometimes run by governments and other times as private organizations, licensed agencies are subject to strict reporting requirements and transparency laws. Though experts say agencies have their own problems, they must comply with a host of requirements in order to stay open. They also tend to be larger organizations that provide counseling services and oversight.

The line between the different types of adoption arrangements becomes blurred, especially for parents who want to grow their family through adoption and feel frustrated by the process.

“We thought they were an agency,” multiple couples told The Sacramento Bee, which published an investigation into a Sacramento facilitator and claims that the owner bilked families out of tens of thousands of dollars but failed to find them a baby — or even show how she’d spent their money.

Attorneys, social workers and families who have worked with facilitators say there are three main pieces of advice they want anyone considering adoption to weigh before cutting a check.

Know who you’re dealing with

Many families early in their search to adopt start by pulling up Google. It’s logical. It’s also risky.

That’s because many facilitators, which are subject to a totally different set of laws, might appear on face value to be a licensed agency. A search result for “adoption near me” can lead to a website adorned with smiling photos of happy babies. Without even knowing it, families can end up communicating with a facilitator not knowing there’s a difference at all.

Intermediaries sometimes fail to clearly disclose that they are facilitators, as is required by state law.

So what’s one to do?

A list of registered facilitators is posted on the California Department of Social Services website. But that list is problematic, experts say, because it gives the false impression that the state has effectively blessed the businesses as legitimate and effective.

California says plainly it “does not provide oversight over adoption facilitators.”

People considering using a facilitator should also check business records from the California Secretary of State. With that information, verify the facilitator has a legitimate address, phone number and website. Google Street View can be your friend. Be warned: A physical address and even a fancy office can lend an air of legitimacy to an adoption facilitator with a fraught track record.

Online sleuthing offers another tactic to make sure you’re trusting the right person to help you find a child — and that their track record with birth parents is ethical and responsible.

Scroll beyond the first page of search results, which are often loaded with paid ads and promotions that push out more honest reviews. Look for the name along with the word “review” or “scam” to see what the experience of others has been.

The bottom line? Be wary of unlicensed and independent operators, said Kristen Hamilton, communications director for the National Council For Adoption.

Demand proof, documents and financial details

Often, experts say, couples who land on a facilitator’s website place all their trust in the person who promises them the world. Sometimes a friend has referred them to the facilitator after a positive experience. Other times, the facilitator’s pricing and promises are more appealing than a formal agency.

That trust can be misplaced. In the worst cases, it leads to disappointment and shame.

The best way to avoid that is to demand proof – in writing – of all claims the facilitator is making.

Reputable ones should be able to provide some sort of year-end report or at least some bit of evidence into their claims. They should also not shy away from answering very specific questions that speak to how successful they are at placing a baby into a family and what timelines they are currently experiencing. The best ones, experts say, will help connect you with former clients who were recently successful on their adoption journey.

If they make excuses, that’s a red flag.

California doesn’t collect data about facilitators’ success rates at making placements, so verifying what they say can be difficult. That’s where online sleuthing can be valuable. Whether via review sites or other social media posts, searching details about the experience of others can go a long way in determining whether that business is worth the money.

Find something concerning? Ask.

“Adoptive parents often worry that they will ‘upset the apple cart’ or annoy their adoption professional, thereby jeopardizing their match, by asking too many questions,” said Celeste Liversidge, a Southern California adoption lawyer who has researched adoption laws across the country and who co-founded AdoptMatch, a nonprofit clearinghouse for adoption information.

“Trustworthy adoption professionals understand that insisting on full disclosure regarding all aspects of a potential adoption is key to preventing scams.”

Read the fine print before signing the contract

Adoption is expensive.

Different facilitators have different stipulations about fees, refunds and communication. That’s why it’s important to read the details. California allows facilitators to charge fees – sometimes in excess of $20,000 – in exchange for their matchmaking service.

It’s important to know where else your money is going.

In California, money can help offset the birth mother’s medical bills and living expenses during the pregnancy. That’s on top of a facilitator’s own fee. And it might even be on top of a hefty chunk of change to cover an attorney’s legal fees formalizing an adoption.

That adds up. And it might not all be spelled out in the contract. So it’s important to ask questions and demand answers – in writing.

Ensure that you’re fully on-board with the risk that could bring.

If a contract goes sideways, the only solution is often sorting through the dispute in arbitration. If that goes awry, suing in civil court can become an option. Both processes are time consuming, expensive and result in additional emotional turmoil around an already difficult topic.

And while the contract might not say how you’ll find out if or when you’ve been matched, it’s important to lay out – in writing – what the communication will be like during the course of the contract.

Consulting with your own lawyer before signing is also advisable, said Peter Hamilton, an attorney in Berkeley who represented 21 families in a dispute with a Sacramento facilitator.

“Then, at least they would have a shot at getting language like performance standards, deadlines and accountability into the contract to protect them against the worst abuses,” he said “Of course, if the other party refuses to make reasonable changes, the families should run away and not look back.”

And as for the pressure and promises some families experience before signing a contract?

“If it feels rushed or wrong or too good to be true,” Hamilton said, “it probably is.”