Starting the journey towards adoption is one of the most meaningful steps you can take to grow your family. But with that hope comes uncertainty and, unfortunately, the risk of encountering adoption scams or unethical practices that can place your future, your finances, and your emotional well-being at risk. California adoption laws protect both adoptive parents and children, but bad actors can still find ways to exploit those who are unfamiliar with the process.
When so much is at stake, it is essential to understand your rights and recognize the warning signs before problems arise. Having the right legal representation by your side ensures you are not navigating this journey alone. At Moradi Neufer, our firm has extensive experience guiding California families through adoption with integrity, diligence, and unwavering advocacy, helping our clients move forward with greater confidence and peace of mind.
What Is an Adoption Scam?
Adoption scams come in different forms, but they all have one thing in common: someone taking advantage of your hope and trust during one of the most important journeys of your life.
- Fake Birth Parent Scams. In this situation someone pretends to be pregnant and in the process of placing their child for adoption. They may use ultrasound images or stories borrowed from others to appear credible. The goal is often to receive money for living expenses or gifts, even though no adoption will ever occur.
- Multiple Family Scams. Some scammers contact several potential adoptive families at once, promising each of them the same child. This not only creates emotional turmoil but also leads to multiple families paying expenses or agency fees under false pretenses.
- Unlicensed “Agency” or Facilitator. Individuals or organizations may present themselves as adoption professionals without the proper licensing required in California. They may advertise quick placements, guaranteed results, or pressure you to sign contracts while hiding the fact that they are operating illegally.
- Expense Exploitation. Even when a pregnancy is real, some individuals may demand unreasonable amounts of money for living expenses, medical care, transportation, or other costs. In California, there are limits on what expenses adoptive families can pay. Excessive or unexplained requests for money should be treated as a serious red flag.
- Emotional Manipulation. Scammers often exploit the emotional vulnerability of hopeful adoptive parents. They may tell heartbreaking stories, set artificial deadlines, or pressure you into quick decisions. This manipulation is designed to lower your guard and push you into acting without taking the proper precautions.
Each of these scams can lead to financial loss, delayed adoption plans, and lasting emotional harm. By understanding the different ways scams occur, you are better equipped to recognize warning signs and protect yourself from becoming a target.
How Do I Know if an Adoption Professional Is Licensed in California?
In California, adoption professionals must meet strict requirements to ensure the process is conducted lawfully and ethically. Legitimate adoption agencies are licensed by the California Department of Social Services (CDSS). Licensed attorneys who handle adoption cases must also be in good standing with the State Bar of California.
These requirements exist to safeguard families and children from exploitation. Before working with any adoption professional, you should take steps to verify their credentials.
- Check Licensing Records. The CDSS maintains a list of licensed adoption agencies. A quick search can confirm whether the agency you’re considering is legally authorized to operate in California. You can start on the CDSS website.
- Confirm Attorney Status. If you’re working with an attorney, visit the State Bar of California’s website and search their name or bar number to confirm their active status and see if they have any disciplinary actions on their record.
- Ask Directly. A reputable professional should have no hesitation in providing proof of licensing, experience, and references. If they cannot, that’s a significant red flag.
- Look for Transparency. Licensed adoption professionals will provide clear contracts, fee schedules, and an explanation of your rights throughout the process.
Unlicensed facilitators or agencies operating without approval often rely on secrecy, vague promises, and pressure tactics. If you encounter resistance when asking for documentation or licensing verification, take it as a serious warning. Partnering with a licensed professional is one of the most effective ways to reduce your risk of falling victim to scams and unethical practices.
What Adoption Fees Are Legal in California?
One of the most confusing parts of the adoption process can be understanding what expenses are allowed, and which requests may cross the line into unethical or illegal territory. California law sets limits on what adoptive families can pay to ensure the process remains fair and transparent. Below are the types of fees and expenses that are typically legal in California:
- Agency or Attorney Fees. Licensed adoption agencies and attorneys may charge for their professional services. This includes counseling, paperwork preparation, court filings, and coordinating the legal aspects of the adoption. These fees must be clearly disclosed to you in advance of starting the adoption process.
- Medical and Hospital Expenses. Adoptive parents may cover medical costs related to the pregnancy and delivery, such as prenatal care, hospital stays, or medications necessary for the birth or the health of the birth parent during the process.
- Living Expenses for the Birth Parent (In Limited Circumstances). In some cases, reasonable expenses for housing, food, clothing, or transport may be covered during the pregnancy. These payments must be carefully documented and must not be excessive.
- Court and Administrative Costs. Fees for court filings, background checks, and required home studies are permissible and expected in the adoption process.
Requests for payments outside these categories, such as ongoing personal expenses unrelated to the pregnancy, large cash gifts, or vague “other costs” should raise immediate concerns. California law also prohibits payments that appear to be an exchange of money for a child. If you are ever unsure about whether a requested fee is appropriate, seeking legal guidance can protect you from inadvertently violating state laws or falling victim to exploitation.
What Are the Red Flags of an Unethical Adoption?
Even when fees and paperwork seem legitimate, certain warning signs can point to unethical or fraudulent behavior. Recognizing these red flags early can help you avoid devastating setbacks in your adoption journey. Some of the most common red flags to watch out for include:
- Guarantees of a Specific Outcome. No one can promise that a particular child will be placed with you or that your adoption will happen within a certain timeframe. Anyone making such guarantees is likely misrepresenting the process.
- Pressure to Act Quickly. Scammers often push you to make immediate decisions, sign contracts without review, or send money right away. Ethical adoption professionals will give you time to consider your options and answer your questions thoroughly.
- Requests for Unusual or Excessive Payments. Demands for money beyond what is legally allowed or requests for cash payouts without documentation are strong indicators of unethical practices by adoption facilitators or agencies.
- Lack of Transparency. If an agency or facilitator avoids questions, refuses to provide documentation, or won’t put promises in writing, proceed with caution. Legitimate adoption professionals are upfront and clear with what you should expect.
- Inconsistent Information. Details about the birth parent, pregnancy, or the child’s background that frequently change or don’t align with the supporting documents you receive from the agency are major warning signs.
- Unlicensed Professionals. Individuals or groups who cannot readily prove they are licensed to operate as adoption facilitators in California or who try to downplay the importance of licensing should be avoided entirely.
Trusting your instincts is important. If something feels off, it likely deserves closer attention. Taking the time to step back and seek legal advice before moving forward can save you from becoming entangled in an unethical or fraudulent situation.
What Questions Should I Ask an Adoption Agency or Facilitator?
Choosing the right adoption agency or facilitator is one of the most important steps you will take in this process. The more you know upfront, the better you can protect yourself from scams, confusion, or disappointment later. Asking direct, practical questions helps you spot both trustworthy professionals and potential red flags. Key questions you should ask include:
- Are you licensed in California? Confirm the agency’s license through the California Department of Social Services or, if you’re working with an attorney, check their standing with the State Bar of California. Look out for any disciplinary actions on the record.
- How many adoptions have you completed in the past year? This helps you see the agency’s level of activity and whether their experience aligns with your needs.
- What are your fees, and how are they structured? Ask for a written breakdown of all the costs you can expect throughout the process, including agency fees, legal services, medical expenses, and potential living costs for the birth parent.
- What happens if an adoption falls through? Will you receive a refund, get credit towards another adoption with the agency, or lose your investment? A reputable adoption facilitator should have clear policies in writing.
- How do you screen and counsel birth parents? Ethical agencies provide thorough counseling and ensure that birth parents understand their rights before moving forward.
- What support do you provide after placement? The process of adoption doesn’t end when your child comes home with you. Ask about post-placement support such as counseling, resources, and legal follow-up.
- Can you provide references from other families? Hearing about real experiences from past clients can give you insights into what you might expect.
By asking these questions and insisting on clear, written answers, you set the tone for a transparent and trustworthy adoption experience.
How Can an Attorney Protect Me During Adoption?
Adoption is as much a legal process as it is a personal one. While agencies and facilitators play important roles, only an attorney with adoption experience can ensure that you and your future child’s rights are fully protected under California law.
A knowledgeable attorney can safeguard you during the adoption process by:
- Reviewing and Drafting Contracts. Adoption contracts can be complex. An attorney ensures that all agreements are clear, lawful, and protect your interests, while watching out for hidden clauses and helping you avoid unfair terms.
- Ensuring Compliance with California Law. From allowable fees to consent procedures, California has strict regulations governing the adoption process. Your attorney ensures every step is compliant, protecting your adoption from challenges later.
- Protecting Against Fraud and Scams. Attorneys know what documentation to request, how to verify the necessary information, and when something looks suspicious. Their oversight can help you avoid falling victim to unethical practices.
- Representing You in Court. California adoptions require court approval to be finalized. An attorney handles filings, appearances, and ensures that the judge has everything needed to complete your adoption properly.
- Advocating for Your Rights if Problems Arise. If you run into a dispute such as contested parental rights, suspicions of fraud, or financial concerns, your attorney is your advocate, prepared to respond swiftly and effectively.
- Providing Peace of Mind. Knowing that someone with deep knowledge of California’s adoption laws is standing beside you allows you to focus on building your family, not worry about what might go wrong in the process.
Adoption should be a joyful and fulfilling experience, not one overshadowed by fraud, confusion, or unethical behavior. By learning how to spot scams, asking the right questions, and relying on strong, sound guidance, you can safeguard both your investment and your family’s future.
If you’re considering adoption in California, you don’t have to walk this path alone. At Moradi Neufer, we’ve built a trusted reputation for protecting families and ensuring the adoption process is handled with the care and legal precision it deserves. With dedicated representation, you can move forward on your path to adoption with the security and clarity you need.
Contact us now to get started with a legal team you can trust.
Common Questions
1. What is an adoption scam?
An adoption scam happens when individuals or unlicensed groups exploit hopeful adoptive parents by pretending to facilitate an adoption. This may include fake birth parents, multiple-family scams, unlicensed “agencies,” or demands for excessive payments. The goal is usually financial gain at the expense of your trust and emotional well-being.
2. How can I recognize a fake birth parent scam?
In a fake birth parent scam, someone pretends to be pregnant and seeking adoption placement. They may show ultrasound photos or fabricated stories to appear credible, often asking for financial help. If requests for money seem excessive or details don’t add up, it’s a warning sign.
3. Are all adoption professionals in California licensed?
No. Unfortunately, some unlicensed individuals pose as adoption facilitators. In California, legitimate adoption agencies must be licensed by the California Department of Social Services (CDSS), and attorneys must be in good standing with the State Bar of California. Always verify licensing before moving forward.
4. What adoption fees are legal in California?
California law allows for certain fees, such as:
- Agency or attorney fees (for legal and professional services)
- Medical and hospital expenses for the birth parent
- Limited living expenses for the birth parent (such as housing, food, or transport)
- Court and administrative fees (e.g., filings, background checks, home studies)
Any requests outside these categories, such as vague “other expenses” or large cash payments, may be illegal or unethical.
5. What are the red flags of an unethical adoption?
Watch out for:
- Guarantees of a specific child or timeline
- Pressure to act quickly or sign contracts without review
- Requests for unusual or undocumented payments
- Lack of transparency in contracts or fees
- Inconsistent information about the birth parent or child
- Professionals who cannot prove they are licensed
6. How do I confirm if an adoption agency is licensed in California?
You can:
- Check the CDSS website for licensed adoption agencies
- Verify an attorney’s status through the State Bar of California website
- Ask the professional directly for proof of licensing and references
If they resist providing proof, that’s a strong indication to walk away.
7. What questions should I ask an adoption agency or facilitator?
Some key questions include:
- Are you licensed in California?
- How many adoptions have you completed in the past year?
- What are your fees, and how are they structured?
- What happens if the adoption falls through?
- How do you screen and counsel birth parents?
- What support do you provide after placement?
Clear, written answers help protect you from scams.
8. How can an attorney help protect me during adoption?
An experienced adoption attorney can:
- Review and draft lawful contracts
- Ensure compliance with California adoption laws
- Detect and protect you from fraud or scams
- Represent you in court and handle legal filings
- Advocate for your rights if disputes arise
- Provide peace of mind throughout the process
9. What should I do if I suspect an adoption scam?
Stop making payments immediately, document all interactions, and contact an experienced California adoption attorney. They can help you evaluate the situation, report fraud if necessary, and protect your rights moving forward.
