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Adoption in North Carolina: What Prospective Parents Need to Know About the FTC’s Notice on False and Deceptive Advertising for Adoption Intermediaries

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Adoption in North Carolina What Prospective Parents Need to Know About the FTC's Notice on False and Deceptive Advertising for Adoption Intermediaries

For prospective adoptive parents, the North Carolina adoption process is a life-changing experience requiring careful consideration and an understanding of their legal rights and basic eligibility requirements. Adoption in North Carolina involves completing a series of steps, including adoption home studies, a background check, and the selection of the right adoption pathway—whether private, agency, or international.

Adoption intermediaries, who connect birth parents with adoptive families, often play a critical role in a private adoption process. As an adoption lawyer can attest, everyone involved in an adoption should understand the legitimacy and ethical practices of these intermediaries when seeking smooth and trustworthy adoption proceedings.

On September 10, 2024, the Federal Trade Commission (FTC) issued a notice raising concerns over false and deceptive advertising practices by some intermediaries, stressing the need for vigilance and informed decision-making.

This blog, from a knowledgeable and experienced North Carolina adoption attorney, explains adoption intermediaries and delves into the FTC’s Notice on False and Deceptive Advertising. Continue reading to learn more, then contact us at (919) 306-2899 to schedule a free, 15-minute consultation.

Adoption in North Carolina and Adoption Intermediaries

What are adoption intermediaries? In North Carolina, they are individuals, entities, or organizations that facilitate the adoption process by connecting birth parents with adoptive families in exchange for a fee. These intermediaries help the adoptive parents and the birth family navigate the legal, emotional, and logistical aspects of adoption, providing guidance to complete the adoption in compliance with state and federal laws.

Intermediaries operate under a variety of descriptive names, sometimes called adoption advertisers, facilitators, consultants, matchmakers, or brokers.

Role of Intermediaries in the North Carolina Adoption Process

In North Carolina, adoption intermediaries have a multifaceted role in the adoption process. For individuals adopting a child, an intermediary can assist in the following ways:

  • Educating the adoptive family about the adoption process
  • Helping prospective adoptive parents understand their rights
  • Preparing the adopting parents for their new roles

The FTC’s Notice on False and Deceptive Advertising

We have all been told to keep our promises. Concerning adoption, protecting and informing all parties involved is a priority. To that end, the Federal Trade Commission (FTC) issued a notice on September 10, 2024, about false and deceptive advertising, with the goal of safeguarding prospective adoptive parents from misleading practices.

In the notice, the Federal Trade Commission announced a no tolerance policy for adoption intermediaries or businesses that make promises they do not keep, issuing warning letters to 31 intermediaries against engaging in misleading practices.

Conduct That Could be Considered Deceptive or Misleading

  • Falsely describing the unlicensed entity as a licensed adoption agency.
  • Providing incomplete or misleading information about open adoption arrangements.
  • Advertising inflated placement rates or overly optimistic short placement times.
  • Discouraging or preventing consumers from leaving honest on-line reviews.

When seeking an adoption in North Carolina, it’s important to understand that intermediaries generally are not licensed or regulated and do not have legal responsibility for the child. On the other hand, adoption agencies are licensed and regulated by the states, usually under the jurisdiction of the Department of Health and Human Services. Agencies take legal custody of children and place them with prospective families. In many states, only licensed agencies are legally permitted to advertise matching services.

Intermediaries that advertise the option for an “open” adoption arrangement without disclosing that arrangement may render it legally unenforceable, depending on state law, and may mislead birth parents and adoptive parents.

Intermediaries engage in misleading advertising when they tout high placement rates and unrealistically short placement times that are not representative of the typical consumer experience.

Some intermediaries contractually penalize consumers to discourage them from leaving honest on-line reviews. This behavior violates the Consumer Review Fairness Act (CRFA). Adoption intermediaries found to have violated the CRFA may face civil penalties of more than $50,000 per violation.

The FTC has declined to identify the 31 intermediaries that received letters but has instructed the recipients to cease any potentially unlawful conduct, adding that “the agency will continue to monitor the market and take follow-up action as warranted.” The FTC has also issued supporting consumer and business education information.

Examples of Misleading Claims

In the context of adoption, misleading claims might include exaggerated success rates of placement, false promises of expedited processes, or misrepresentation of fees and costs involved. Some intermediaries might also imply affiliations with reputable agencies or organizations that do not exist, thereby misleading prospective adoptive parents about the legitimacy of their services.

Impact of Deceptive Advertising on Prospective Adoptive Parents

Deceptive advertising can have profound effects on prospective adoptive parents. It can lead to poor decision-making, as parents may be persuaded by false promises or misrepresented information. Financially, they might incur unexpected costs or fees that were not clearly communicated, leading to significant financial hardship. Emotionally, parents can experience stress and disappointment when the reality of the adoption process does not meet the expectations set by deceptive advertisements. The emotional toll can also affect the overall adoption journey, potentially delaying or complicating the process.

What Adoptive Parents in North Carolina Should Know

As consumers, what can you do to protect yourself when navigating the adoption process?

  1. Red Flags in Advertising: Prospective adoptive parents should be vigilant for signs of deceptive advertising, such as offers that sound too good to be true, guarantees of adoption success, or claims of exclusive relationships with birth parents. Other red flags include undisclosed fees or costs, pressure to make quick decisions, and lack of transparency about the adoption process.
  2. Questions to Ask Adoption Intermediaries: It’s important to ask detailed questions to ensure transparency and authenticity. Parents should inquire about the intermediary’s licensing and credentials, the detailed breakdown of all fees and costs, success rates, and the process for matching with birth parents. Additionally, asking for references or testimonials from previous clients can provide insight into the intermediary’s reputation.

Legal Protections for Adoptive Parents

  1. FTC Regulations: The Federal Trade Commission enforces strict regulations against false and deceptive advertising, designed to protect consumers by ensuring that all claims made by businesses, including adoption intermediaries, are truthful and substantiated.
  2. North Carolina Adoption Laws: State laws in North Carolina also provide a layer of protection, requiring that adoption intermediaries adhere to specific standards and practices. These laws seek fair treatment for all parties involved in the adoption process and protection of the adoptive parents’ rights throughout the process.

Steps to Take if Encountering False Advertising

  1. Report It to the FTC: If adoptive parents suspect that they have encountered false or deceptive advertising, they should report the issue to the Federal Trade Commission. They can do this through the FTC’s online complaint form. The FTC could warn them that their conduct is potentially unlawful and threaten significant legal consequences, like a federal lawsuit, if they do not stop immediately.
  2. Consult an Adoption Lawyer with Extensive Experience: An adoption lawyer who focuses exclusively on adoption law can provide guidance and support for your private adoption and uphold your best interests. They can listen to the details of your unique circumstances, provide an in-depth assessment, explain the specific requirements, help you fulfill the legal requirements for adoption (including a home study), guide you in completing the necessary forms, and represent you in a North Carolina court. When seeking to adopt

An Adoption Attorney Shares Best Practices for Choosing an Adoption Intermediary

Remember the principle caveat emptor – let the buyer beware. The buyer alone is responsible for exercising due diligence in verifying the quality and suitability of goods or services before making a purchase. Become informed about your options. Decide which option is the best fit for your family. Then, conduct your own due diligence before choosing the professionals you will rely on to assist you in building your family. Selecting the right adoption intermediary is a vital step in ensuring a successful adoption experience. Adoptive parents should consider several best practices to make informed and confident decisions.

Utilizing Reputable Resources

  1. State Resources and Organizations: Leveraging resources provided by state organizations can offer valuable guidance and support. For example, North Carolina’s Department of Health and Human Services provides information on licensed agencies and intermediaries, and guidelines about the adoption process to help parents make informed decisions.
  2. Support Groups and Forums: Engaging with adoption support groups and online forums can provide community support and shared experiences from other adoptive parents. These platforms can offer practical advice, emotional support, and recommendations on trusted intermediaries, creating a network of informed and supportive individuals.
  3. Consult an Adoption Attorney: Whether parents choose private adoptions or agency adoptions, North Carolina courts take parental rights and adoptions seriously. Although you don’t have to meet a minimum income threshold or be married to adopt, gaining approval can pose a significant challenge. For these reasons, working with an adoption attorney is in your best interests.

Mills Adoption Law: Experience for What Matters Most – Family

As an adoption lawyer, people often ask if I assist families with matching. I have elected not to offer those services because I do not want to wear two hats. I can’t help clients find a baby and be their advocate.

Instead, I can provide prospective adoptive families with a more valuable service by being the objective voice of reason. I can help them examine their options and decide which is the best fit for them. I can also help families examine each opportunity to determine whether it is the right one for their family before deciding to declare a match.  A match is like an engagement. Once everyone says yes, it is emotionally and financially difficult to change the plan.

Have you been searching online for adoption lawyers?

Bobby Mills, founding attorney of Mills Adoption Law, has over 35 years of hands-on experience. Having represented all members of the adoption triad—adoptive parents, birth parents, and adoptees—he has seen things and can anticipate problems other attorneys will not anticipate. Through his work on thousands of cases, he truly understands how to navigate the legal system and stand up for families. If you are seeking to adopt a child in North Carolina,  contact him at (919) 306-2899, or complete the online form to schedule your free, 15-minute consultation.

Copyright © 2024. Mills Adoption Law. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Mills Adoption Law
4600 Marriott Dr, Ste 350
Raleigh, NC 27612
(919) 306-2899
https://www.millsadoptionlaw.com/

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