It may not seem as though adoption and advertising have much in common. In fact, unlicensed “adoption facilitators” use misleading advertising to target both would-be adoptive parents and expectant mothers considering adoption. A study found that 92% of online ads from unlicensed adoption facilitators did not show any disclaimers making it clear that they were not licensed adoption professionals.
What’s an unlicensed adoption facilitator?
There are a variety of adoption professionals who can assist people considering adoption. Licensed social workers, adoption agencies, adoption lawyers, and doctors can help with the process in different ways. however, there are also unlicensed individuals who call themselves “adoption facilitators.” They may be helpful or they may not. The problem is that they have no licensing or regulations, so you can’t be confident about their services. Obviously, they can’t represent you in court or complete a Home Study, but they may not make this clear. This uncertainty is the reason that so many states have made this type of business illegal. It is completely unregulated in Arkansas, though.
The advertisements for this kind of company say things like, “we connect hopeful adoptive parents with prospective birth parents across the country who are considering adoption for their baby.” This shows that they offer a matchmaking service, not adoptions. The same company explained that their company “provides an aggressive nationwide advertising, marketing, and national outreach campaign for potential birthmothers, resulting in shorter placement times.” Their About Us page explains that “We believe that we can make your dreams come true!” This is a statement from a marketing agency, not an adoption professional.
There is nothing wrong with paying for a matchmaking service, as long as you know that’s what you’re paying for. The Federal Trade Commission says it this way: “Adoption intermediaries are individuals or entities that act as middlemen between prospective adoptive parents and birth parents in private adoptions in exchange for a fee, often in the tens of thousands of dollars. These entities, sometimes called adoption advertisers, facilitators, consultants, matchmakers, or brokers are not licensed adoption agencies. As such, it is essential that they are truthful and not deceptive about who they are and what they can do for prospective clients.” The FTC sent letters to these intermediaries warning them against deceptive practices which the FTC had noticed.
How can you tell?
Since adoption facilitators are unregulated in Arkansas, they can call their businesses things like “Adoption Law Clinic” or “Adoption Service.” They can’t claim to be a licensed adoption agency or an adoption lawyer. So look for specific information about the services and qualifications a company offers before you sign a contract.
For example, Justin Heimer is a member of the Academy of Adoption and Assisted Reproduction Attorneys and has an advanced degree in Counseling. He’s a licensed attorney in the state of Arkansas. His About Us page has facts like these, not platitudes about making dreams come true. Look for facts.
You can also watch for red flags. If a provider
- Isn’t licensed
- Avoids specifics
- Emphasizes speed and access
- Requires large upfront payments
You’re probably dealing with a facilitator or intermediary—not a fully accountable adoption professional. Go ahead and ask, “Are you a state-licensed adoption agency or licensed attorney?” to be sure.
Or go ahead and contact Heimer Law. We specialize in adoption and can answer your questions.
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