How are Adoption Organizations Regulated?
How are adoption organizations regulated?
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Adoption organization types
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Are they licensed or certified? If so, by whom?
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Are their files periodically reviewed by the government to make sure they are properly serving their clients, following regulations and state law?
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Law firms
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Yes, by state bar
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No
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Law centers
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Attorney who owns the company is licensed and company can be certified.
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No
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Facilitators
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No
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No
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Local adoption agencies
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Yes
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Yes
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National adoption agencies
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Yes
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Yes
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What does state bar licensed or certification mean?
It means the firm or the attorneys who practice at the firm are licensed by their state to perform legal services only in that state. If this attorney provides poor services in their state, then a bar complaint can be filed. If, however, your adoption occurs outside of their state, they are not licensed to practice law or provide legal services in another state. That means they must refer you to another law firm or law center located in that state. As a result, unless you are located in their state, the law firm or center you originally hired would have to step out of the picture. Certification or being licensed as an attorney means there are no periodic reviews by their state licensing, unless a complaint is filed.
If an attorney or law center is experienced in adoption does that mean they will provide good service?
Experience in adoption in no way reflects the quality of services performed. Furthermore, an attorney might be experienced in step-parent adoptions. Many adoption law attorneys dabble in other areas of family law, hindering their ability to respond expeditiously to adoptive clients needs. Attorneys can be good at the legal paperwork but many struggle in providing the services offered by adoption agencies, such as counseling.
How are licensed agencies files reviewed?
Every year, state licensing comes out to annually review an agency’s files and operations. They go through client case files, personnel files, review financial audits, informational materials and verify regulatory and state law compliance. In essence, state licensing helps organizations maintain their compliance with state laws and regulations so they are able to properly and safely serve their clients.
Is it better for an agency to be licensed in many states?
Yes, this means they are reviewed more periodically than those who are only licensed in one state. Furthermore, being licensed in multiple states means they have greater restrictions and guidelines to follow. While extra regulation requires more work than non-regulated organizations, most clients like the extra safety and dependability it creates. When it comes to something as important as adoption, every extra layer of safety is extremely important to most clients.
Besides state licensing, are there any other regulatory bodies that periodically review an organizations files and operations?
Yes, there is a national organization that provides Hague accreditation. This organization is managed by the federal government and reviews files and operations similar to state licenses.
Is it helpful if the organization I am considering is part of the Better Business Bureau?
No, the Better Business Bureau only shows general complaints and has no ability to ensure an organization is meeting state laws or regulations. The BBB is a company that reports on companies that have paid their annual dues and fees. State licensed adoption agencies already have several governmental bodies that oversee, regulate and review them as they understand how agencies work. The BBB does not have any profound knowledge in adoption practices.
