Adoption Issues - Confusion Over Agency/Facilitator Options

Often times potential adoptive families will want to know the difference between facilitation and full service agency adoption. It's hard to navigate all of the options of adoption when trying to compare apples to oranges, so I thought I'd clarify what I can. Since I facilitate on a regular basis, but also do full service agency adoption, I think I can clear up a few misunderstandings.

Many people seem to think that facilitators are the sharks in the proverbial adoption pool. In the past, that may have had some basis in fact, as there were some fly by night facilitators out there. A couple of years ago, however, adoption facilitators in California (where most of us are) were required to be registered with the state. We are required to be bonded and to have training specific to what we do. Facilitators with a proven track record and years of experience and references were grandfathered in, but any new facilitators must have a degree in social work and a level of experience. Websites are checked often to determine that rules are being adhered to and the oversight is almost as stringent as that of an agency.

As far as the differences, there are many. Agencies are licensed by one or more states and in each state they are licensed in, they must adhere to strict regulations. They become, in essence, a right hand of the state as they are allowed to take consents from birth parents, petition the courts for rights to be terminated, and make determinations about the needs and support issues of birth parents. They take custody, on paper and physically, of children. They must have large insurance policies in place because they are responsible for a child placed until finalization in most cases. They actually do the placement. The birth mother relinquishes her rights to the agency and then the agency places the child with a family. Their facilities have to meet standards. In most cases, they must have foster families on board and available just in case they are needed. Counselors on board and generally a master's level social worker is required. She/He generally oversees all of the social workers at the agency who perform home studies, counsel adoptive and birth parents, and take consents.

With facilitation, there are varied types of services. Legally, a facilitator is an advertiser and a matchmaker. We don't take consents or perform legal duties. We don't take custody (on paper or physically) of children. We don't put children in foster care and we don't do home studies. We do advertising in an attempt to locate birth parents who are searching for adoptive parents and we put them together, preferably according to birth mother requests. The birth mother makes the placement.

Fees are different too. Not only the amounts, but the timing in which they are obtained. Agencies generally either charge fee per service (a la cart) or they have one umbrella agency fee. They either collect the fees when the services are provided (home study fees at the time of the home study, counseling fees at the time of counseling, match fees at the time of match, etc.) or, if you're paying one umbrella fee, it is usually broken up into three separate payments; most often a third at registration, a third at match, and a third at placement. Agency fees vary widely but range from twenty to forty thousand dollars. So, you can break it down into thirds. With facilitation, our fees are less (because we are doing a different service) and, in our case (I can't speak for others) go to advertising and overhead. Legally, we are not allowed to collect fees for a placement (since we are not a placing agency). We must collect our fees up front. Due to the current economy, some facilitators are allowing for payments, but they must be made prior to a match and placement, or there are legal issues. In addition, if we do what we say we do (advertising), that is paid to the advertiser upon the order of ads (they learned long ago that if ads are placed in yellow pages and then not paid for, they have a hard time collecting). So, facilitators have traditionally required that their clients pay up front. Since adoptive parents are not paying "for a baby", but "for advertising", this is reasonable and prudent. No one -- not agencies or facilitators (or attorneys for that matter) can "guarantee" a baby for a fee. But most adoptive parents equate fees with paying for a child. However, even an agency can't make that promise because of all of the variables involved.

Unfortunately, some facilitators have become what I would term "baby brokers". They "network" with various agencies and find hard to place children (all agencies, attorneys and facilitators who work in adoption have families waiting for healthy infants). These are drug babies, birth parents with huge expenses, or special needs babies. They then send out e-mails and posts on the internet, essentially offering the situation to the highest bidder. If you are willing to pay their price, they match you. They take a fee for passing the situation along -- for being a middle man or broker. In my opinion posting situations on the internet should not be legal. Any reputable adoption professional has plenty of connections with other adoption professionals. They post situations or "advertise" on the internet because it is hard to find families willing to pay large fees for sub-optimal situations. This seems to me to be just wrong. I don't believe that this is true "facilitation" and should be avoided. The huge fees associated with these situations often top $30,000.00 for special needs situations.

On the flip side, there are agencies who do much the same thing (hence it's best to know a little about the entity you are planning to work with. Do they have a track record? Do they have lots of happy families who will share their stories? Can you ask those families what they ended up spending? Are they advertising situations on the internet? One agency that I know has over 300 adoptive families posted on line. Families have called me to say that they have been waiting for years and no one contacts them. How would anyone find them if they are family #278? Even so, birth parents deserve better than that. Sure they should be able to review profiles, but that should happen after information and interviews and the field should be narrowed down for them to their appropriate requests and then the choices would not be so overwhelming. They shouldn't have to scan through 300+ waiting families.

All of this brings me to a phone call I received today. I guess I'm still shaking my head about it. A cautious but hopeful potential adoptive mom who has been talking to me for perhaps five years about her options called to ask my advice. Anyone who knows me can tell you that I am more than willing to give lots of that. I think over the years I've earned my high school nick name of "Dear Abby" a few times over. Her question floored me. She stated that she had decided to go with an agency that didn't require any "up front" fees. Now, I am not arrogant enough to feel that our services are the only option out there for anyone and I do want adoptive families to have choices and to do what is comfortable for their own family, so I was fine with answering her questions and offering advice.

The said agency charges twenty thousand for their services -- not unreasonable in comparison to most adoption agencies these days. It was to include everything except birth parent legal expenses. The adoptive couple felt good about the fact that they had received three calls over a short period of time about potential birth mothers. They turned down the first two because of what they considered special needs. The third situation sounded good to them, but they thought they were missing something and decided to call me to see if it "sounded right". They had gone with an agency that doesn't have a top-notch reputation, and there were some red flags. The agency wouldn't let them speak with the birth mother. How do you know there is a birth mother to match with if you can't talk with her? Additionally, they were told that they would have to hire another agency in Texas to take the consents, get birth father's rights terminated, and work with ICPC. All that was going to run another fifteen thousand, since their agency didn't cover any of the fees for the birth mother's legal services (which, is most of the work in an adoption).

I was pretty stunned that a family would be willing to pay $35,000.00 for an unknown situation with a birth mom who they couldn't confirm was committed to them. They could have done two and a half independent adoptions for that (or paid much less to another agency), and they would have the advantage of having contact with the birth mother and knowing what her situation was. Birth mom would have the advantage of being able to bond with the soon-to-be parents of her child instead of just a profile. It all seems quite odd to me that they weren't willing to spend a third of that on a facilitated adoption simply because of the up-front fees. Presumably, that would indicate they weren't trusting the facilitation process. And yet, when they got into a predicament, they called the one person they thought they might be able to trust to give them some valid information and advice (me). So, in an effort to avoid paying anything up front, they will spend an extra $20,000.00 on their adoption (if it actually happens). Mind boggling. Yes, I'm still shaking my head.