As you may have heard, California recently passed AB120, which includes a ban on adoption facilitators in the state that goes into effect on January 1, 2024. I’ve received quite a few questions on this so I hope to answer some of them here.
What is an adoption facilitator?
An adoption facilitator is an organization or individual that is in the business of matching prospective adoptive parent(s) with expectant/birth parent(s) who are considering placing their child for adoption. As explained by the California Department of Social Services, “An Adoption Facilitator’s only legitimate service is to arrange contact between the birth parent and the prospective adoptive parent(s). Adoption Facilitators are not licensed adoption agencies.” Basically, adoption facilitators are a match-making service between expectant parents and adoptive parents, but do not (and cannot) provide any further services that are necessary to an adoption, such as agency/social work or legal services.
What’s the difference between an agency and a facilitator?
Facilitator: Other than needing to register with the state, there is little to no requirements to become an adoption facilitator, and even if registered, there is no state oversight.
Agency: In order to be a licensed adoption agency, an organization must meet strict requirements and they are regulated by the state in which they are licensed. Adoption agencies are most often comprised of licensed social workers who are qualified to provide counseling to expectant parents, support during the pregnancy and post-placement, help with the adoption plan and help with plans for future contact. Additionally agencies complete an investigation of the prospective adoptive family, arrange the legal consent process, and can connect adoptive parents and birth parents with legal and supportive resources.
Why are we concerned about facilitators?
Because of the lack of oversight, there have been some bad actors in the adoption space that have been able to operate as facilitators. Unfortunately, these unethical facilitators have reputations for taking advantage of women in crisis, charging adoptive parents exorbitant fees, and doing little to no vetting of expectant parents to determine whether the adoption plan is likely to be successful. At their very worst, some facilitators have been accused of participating in horrific scams, such as “matching” an expectant mother with multiple adoptive parents or “matching” adoptive parents with fictitious expectant parents that don’t actually exist.
Are all adoption facilitators bad?
No. Facilitators can be wonderful, but unfortunately, the good ones are few and far between, and the bad ones are so bad that they have ruined the reputation for many facilitators. (Full disclosure, on a personal note, my husband and I adopted through a facilitator twice. The facilitator that we adopted through was one of the good ones. The organization provided amazing support to our children’s birth mothers, they have support groups for birth parents and adoptive parents, did not charge unreasonable fees, and genuinely created a local adoption community that I’m still connected and intertwined with. I wish all facilitators could all be like the facilitator we used, but unfortunately they’re not.)
How can you tell if an organization is a facilitator or an agency?
This is a tricky one. Under the previous California laws, facilitators (at least in CA) are required to inform potential clients that they are not a licensed adoption agency. However, often facilitators present themselves as if they are an agency. Wording on websites can be highly confusing and misleading. Do research and ask questions. Each state maintains a list of licensed adoption agencies so check to make sure the organization is actually a licensed agency in the state they claim to be operating in. As a general rule of thumb, if the only service they provide is matching (i.e., they don’t do home studies, can’t take the birth parent consents, or don’t do any of the legal work), then that organization is a facilitator, not an agency. Alternatively, even if an agency is licensed in State A, but they are making matches between an Expectant Mother in State B with Adoptive Parents that live in State C, that organization is operating as a facilitator. That organization is not licensed by State B or State C and shouldn’t be making a match when they are not licensed in either state involved.
What does this mean for adoptions going forward?
In California, there are a few details up in the air, but my expectation is that beginning January 1, 2024, matching of an expectant mother with potential adoptive parents can only be done through a licensed agency or a licensed attorney in California. In addition to the California specific law, there is a pending federal law, which essentially would ban facilitators from operating across the United States.
Big picture, this is better for adoption. Licensed agencies are required to follow strict guidelines and regulations. Licensed attorneys are required to follow strict laws and rules. Both agencies and attorneys have oversight and a mechanism for reporting bad actors to higher authorities.
What should I do as a prospective adoptive parent?
If you live in California, do NOT sign up with a facilitator going forward. They are required to cease all operations by December 31, 2023, and its highly unlikely they will be able to guarantee you a match by then. If you’ve already signed up with a facilitator, I would contact them as soon as possible to find out whether you can get a refund. As a general rule of thumb, regardless of which state you live in, I don’t recommend signing up with a facilitator. There is pending federal legislation that is likely to prohibit facilitators from operating in any sate. While the timing of that is up in the air, it’s better to be safe than sorry (and out a lot of money).
What should I do if I am thinking of placing a child for adoption?
Contact a licensed adoption agency or attorney in your state. Agencies can provide you with so much more support than any facilitator can. Attorneys can help advise you and guide you to a reputable agency. To a facilitator, you are often seen as a commodity. Ask questions to make sure the organization you’re working with is a licensed agency or attorney. Regardless of where you live, if you need help, contact me and I will happily find you a reputable agency or attorney near you. My services are always free to expectant parents.
Where can I find more information?
I recommend following @adoptchange which is an organization that is leading the charge in fighting against unethical adoption practices.