Reisinger Booth & Associates, P.C., L.L.O.

Adoptive parents sue state for wrongful adoption

Couples who adopt a child usually do so with the understanding that they will love the child as their own. In Nebraska, a state law requires that prospective adoptive parents be told of any mental health issues and medical issues the child has prior to the adoption. One military couple claims that disclosure didn't happen when they adopted their son.

The adoptive parents have sued the Nebraska Department of Health and Human Services for wrongful adoption. The boy was 6 years old when he was adopted 6 years ago. The parents claim that the journey has been devastating emotionally, financially and physically.

The boy is currently in a group home out of state, while the couple lives with their four other children. The adoptive father is currently stationed in Texas, which is where the family resides.

It is alleged that the boy is suffering from something reactive detachment disorder. He was diagnosed with the disorder when he was 2, but the adoptive family wasn't told of that when they adopted him. They also weren't told he had bipolar disorder or that he was subjected to sexual and physical abuse while he was in foster homes.

They were told the boy had ADHD, but that he wasn't medicated for it. They were also told that the boy's mother may have consumed alcohol while she was pregnant.

The couple is seeking more than $3.5 million. Additionally, they are seeking $200,000 for various costs associated with the boy's care and behavior. The cost of his residential treatment alone is more than $3,950 monthly. The family states that they are heavy-hearted and almost bankrupt because of this situation.

Source: Columbus Telegram, "Military couple sue HHS alleging 'wrongful adoption'," Lori Pilger, Lincoln Journal Star, March. 28, 2015

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