BBAS Guatemala Contract
(as of April 2002)
(Note highlighted language)
ADOPTION SERVICES AGREEMENT
This Agreement is made and entered into this ____ day of _________, 20__ by and between BUILDING BLOCKS ADOPTION SERVICE INC, an Ohio not-for-profit corporation, herinafter BUILDING BLOCKS and {CLIENTS} __________________ whose present mailing address is _______________________ hereinafter referred to jointly as {THE ADOPTIVE PARENT(S)}
THE ADOPTIVE PARENT(S) retained BUILDING BLOCKS to represent them on the adoption of a child from Guatemala. The following are the terms and conditions governing said representation.
1. BUILDING BLOCKS agrees to provide timely and accurate advice, insofar as possible, on the expeditious handling of documents required for international adoption, procedures to be followed abroad, and the status of regulations in the source country and the status of THE ADOPTIVE PARENT(S) adoption abroad. BUILDING BLOCKS will review all documents provided for adoption and advise THE ADOPTIVE PARENT(S) as to revisions needed or additional material required. BUILDING BLOCKS agrees to use its best efforts to prepare and submit documents on behalf of THE ADOPTIVE PARENT(S) in a timely and accurate fashion. BUILDING BLOCKS also agrees to keep THE ADOPTIVE PARENT(S) informed on its activities undertaken in their behalf.
2. THE ADOPTIVE PARENT(S) will cooperate in the adoption process by procuring, notarizing and authenticated documents if necessary, for an international adoption when requested by BUILDING BLOCKS. THE ADOPTIVE PARENT(S) will represent that the information supplied to BUILDING BLOCKS, shall be honest and complete. THE ADOPTIVE PARENT(S) will travel to the foreign country (unless escort is specified) at the time and place indicated by BUILDING BLOCKS. THE ADOPTIVE PARENT(S) will also provide necessary photos and follow-up reports on the child/children subsequent to the placement, meet with BUILDING BLOCKS representatives when requested to do so, and comply with other BUILDING BLOCKS requirements throughout the adoption process.
3. THE ADOPTIVE PARENT(S) understand that there is risk in foreign adoption and that while BUILDING BLOCKS will diligently assist in the completion of an adoption for THE ADOPTIVE PARENT(S), BUILDING BLOCKS cannot control all aspects of the process nor assure a successful outcome. In the event of an occurance which impedes the successful outcome. In the event of an occurrence which impedes the successful outcome of an initial adoption effort, BUILDING BLOCKS will work with THE ADOPTIVE PARENT(S) toward alternative adoption possibilities.
4. THE ADOPTIVE PARENT(S) will receive medical information from Guatemalan authorities that are providing the placement of the child. BUILDING BLOCKS will use reasonable effort to assist in obtaining reliable medical information, but due to the nature of international adoptions, BUILDING BLOCKS cannot guarantee the content of any medical report. THE ADOPTIVE PARENT(S) shall have the right to have any medical information on the assigned child reviewed by a medical practitioner of THE ADOPTIVE PARENT(S) choice. THE ADOPTIVE PARENT(S) understand that their child could arrive with undiagnosed physical, emotional and/or developmental problems.
5. THE ADOPTIVE PARENT(S) acknowledge that the anticipated fee for the adoption services shall be as follows:
a) $3,000 to BUILDING BLOCKS as a non-refundable retainer for services
- $1,500 upon submission of agency contract (to be paid within 15 days of application
- $1,500 within 15 days of agency contract submission (date contract signed) Late fees may apply.
b) $1,000 to BUILDING BLOCKS upon the identification of a child.
c) $500 dossier fee to BUILDING BLOCKS (paid upon completion of dossier). Non-refundable. Not included in Adoption Total (non-refundable)
d) $150 Application Fee (not included in total adoption fee)
e) $2,000 to BUILDING BLOCKS for legal fees to be paid upon the acquisition of a referral (non refundable)
f) $18,000 (non refundable) to BUILDING BLOCKS for the foreign source fee to be paid as follows:
- $9,000 upon acceptance of a referral
- $9,000 once adoption is completed in Guatemala
The nature of the Guatemalan adoption process requires that THE ADOPTIVE PARENT(S) pay for foster care for the identified child. The Foreign Source fee above referenced covers the first four months of care. Each additional month must be paid in advance by THE ADOPTIVE PARENT(S) at a cost of $450.00 per month. THE ADOPTIVE PARENT(S) also agree to pay any medical costs incurred for the benefit of the child.
5. THE ADOPTIVE PARENT(S) acknowledge that the timely and successful completion of the adoption is reliant in part upon the payment of these fees and that the case progress from BUILDING BLOCKS cannot progress without the timely payment of these fees.
6. THE ADOPTIVE PARENT(S) acknowledge that in the event of the adoption of a second child, the Foreign and Legal Source fees shall remain the same at $20,000. However, the fees to BUILDING BLOCKS shall be as follows: $2,000 to BUILDING BLOCKS upon the identification of the second child.
7. FOREIGN AND LEGAL SOURCE FEES: As stated, the above fees include a Foreign and Legal Source fee of $20,000.00 The amount of the foreign source fee in each adoption is for each child. THE ADOPTIVE PARENT(S) acknowledge that BUILDING BLOCKS cannot control fees changed by foreign courts, attorneys, foundations, institutions and sources, and that said fees may fluctuate at any time without warning. BUILDING BLOCKS can only guarantee its fees in the total adoption cost. Any and all in-country increases must be assumed by THE ADOPTIVE PARENT(S), regardless of the amount agreed upon in this contract. THE ADOPTIVE PARENT(S) acknowledge and understand that BUILDING BLOCKS cannot specify any time frame for completion of the adoption after the assignment has been made because each adoption is subject to and governed by the laws of the country of the child’s origin and the immigration laws of the United States. BUILDING BLOCKS has no control or notice over said laws or changes in said laws. Should THE ADOPTIVE PARENT(S) choose to withdraw from the international adoption program after an assignment has been made, for any reason, all fees paid to BUILDING BLOCKS and its foreign source are forfeited, and no refunds of any nature shall be paid or due. THE ADOPTIVE PARENT(S) understand that BUILDING BLOCKS is unable to guarantee that no new categories of charges will be required, or guarantee that dates scheduled for overseas trips may not be canceled or rescheduled because of events beyond its control. All such costs are the sole risk and responsibility of THE ADOPTIVE PARENT(S).
8. ADDITIONAL EXPENSES: THE ADOPTIVE PARENT(S) understand that the following expenses are not included in either BUILDING BLOCK’S fees or the Foreign Source fee and therefore will be the sole responsibility of THE ADOPTIVE PARENT(S): police clearance fees, authentication fees, courier fees, visa fees, DNA testing fees, travel to the source country, passport fees and pictures. In some rare instances, the Foreign Source fee may increase during the pending of the adoption due to some unforeseeable situation. BUILDING BLOCKS will use its best efforts to prevent any increase in fees.
9. THE ADOPTIVE PARENT(S) understand and acknowledge that the BUILDING BLOCKS is A CHILD PLACING AGENCY. It is understood, however, that the law of Guatemala requires that the placement of any child is deemed made by the orphanage or governmental institution of that country.
10. THE ADOPTIVE PARENT(S)’ Responsibilities While Overseas: THE ADOPTIVE PARENT(S) understand that BUILDING BLOCKS cannot predict the length of time that THE ADOPTIVE PARENT(S) will be overseas but will use its best efforts to expedite the process and the timely placement of the child. THE ADOPTIVE PARENT(S) agree to act in a mature and appropriate manner while in the foreign country. THE ADOPTIVE PARENT(S) will be respectful of the professionals with whom they work knowing that they have THE ADOPTIVE PARENT(S)’ best interest at heart. THE ADOPTIVE PARENT(S) acknowledge that while they are overseas, they represent all adoptive couples in the present and in the future and that their actions can directly affect and impact other adoptions occurring in the foreign country. In its relations with foreign and domestic officials, BUILDING BLOCKS undertakes to represent THE ADOPTIVE PARENT(S) in such a way as to assure the most favorable treatment available under applicable laws and regulations.
11. THE ADOPTIVE PARENT(S) Commitment to BUILDING BLOCKS: THE ADOPTIVE PARENT(S) agree not to pursue other possible child placement through other sources or agencies while this contract is in force. If THE ADOPTIVE PARENT(S) receive a child assignment through any source other than BUILDING BLOCKS, THE ADOPTIVE PARENT(S)’ case will be closed and all fees and expenses due to BUILDING BLOCKS and the foreign source at that time will be issued. THE ADOPTIVE PARENT(S) understand that the adoption of a child through another agency while this contract is pending will cause the foreign source to deny the adoption. The failure to disclose the pendency of any other adoptions shall be considered a material breach of this Agreement.
12. Interruption of Adoption Services: If, at any time during the adoption process, THE ADOPTIVE PARENT(S) decide to interrupt the adoption procedure for any reason, all fees and expenses due to BUILDING BLOCKS and in the source country at the time of the interruption must be promptly paid and no refunds will be given. All said fees shall be deemed to have been earned. If the case is reactivated, the family must sign a new Adoption Services Agreement. BUILDING BLOCKS may interrupt the process if, in its professional judgment, the placing of the child shall be detrimental to the best interest of the child. Situations in which the interruption of adoption services may be considered include, but are not limited to, the discovery that THE ADOPTIVE PARENT(S) provided false information; change in family structure, such as separation, divorce, or death of a family member; instability in employment or other financial problems; health problems which might adversely affect the placement of a child with THE ADOPTIVE PARENT(S) at that time; criminal or other legal problems; and any other after discovered fact that BUILDING BLOCKS believes will place the child at risk now or in the future.
13. OHIO: the laws of the State of Ohio shall govern This Agreement. Any suit or action brought hereunder shall be brought only in the Courts of the State of Ohio in the venue in which the Adoption Consultant has its principal place of business.
14. No Guarantee of Placement: This Agreement is not included to guarantee placement of a child. Efforts to adopt children from a foreign country may involve circumstances which are beyond BUILDING BLOCKS ability to control. BUILDING BLOCKS takes all reasonable precautions to anticipate and avoid such risks, but cannot assure its efforts will always prove successful.
15. Reports to the Foreign Country: THE ADOPTIVE PARENT(S) understand that foreign courts normally require periodic reporting on the progress of the adoptive placement for a designated period of time, possibly until the minor child reaches the age of majority. THE ADOPTIVE PARENT(S) agree to provide written reports, physician’s medical statements, photographs and other requested documentation, as well as attend in person meetings at BUILDING BLOCKS offices or elsewhere arranged at the mutual convenience of BUILDING BLOCKS and THE ADOPTIVE PARENT(S).
16. Post-Placement Supervision: THE ADOPTIVE PARENT(S) agree that the country of the child’s origin require that BUILDING BLOCKS or any other licensed child placing agency, perform supervisory visits and file reports until a final decree of adoption is obtained from the country of origin or the adoption process is completed per BUILDING BLOCKS policy and the Laws of the country of the child’s origin.
17. BUILDING BLOCKS clients understand, acknowledge and agree that when the foreign court has granted the final adoption decree the child becomes their absolute and sole responsibility. Immediately following the satisfactory completion of the required post-placement supervisory period, BUILDING BLOCKS will finalize the adoption in THE ADOPTIVE PARENT(S)’ local court. Following the receipt of the local adoption decree, THE ADOPTIVE PARENT(S) may seek to naturalize their child as a United States citizen.
18. THE ADOPTIVE PARENT(S) hereby waive any and all claims they may have now or in the future against BUILDING BLOCKS and its directors, officers, employees and agents, including doctors. We agree to hold BUILDING BLOCKS and its directors, officers, employees and agents, including doctors harmless against any claims known or unknown now existing or in the future, which may arise out of this Agreement, receipt of services from or adoption through BUILDING BLOCKS.
19. THE ADOPTIVE PARENT(S)’ files will be kept strictly confidential except when information must be provided to appropriate third parties during the adoption process. In this case, BUILDING BLOCKS shall disclose both positive and negative information.
20. THE ADOPTIVE PARENT(S) represent and acknowledge that they have read and understand this Agreement and accept it as policies and conditions for working with BUILDING BLOCKS. THE ADOPTIVE PARENT(S) do agree not to represent BUILDING BLOCKS and its directors, officers, employees and agents, including doctors in a negative format verbally, media related, in a written manner or publicly.
21. BUILDING BLOCKS cannot predict an adoptive child’s future personality, medical problems, learning disabilities, appearance or inherited characteristics. Adoptive parents further acknowledge that non-identifying information provided by and through BUILDING BLOCKS may be incorrect because any medical and social history information is provided by the birth parent(s).
NOTE: These fees are guaranteed as valid only for 120 days. Adoption consultant will not modify its fees but cannot control the fee requirements from the overseas coordinators. Any changes will be immediately communicated to the Adoptive Parents who may then terminate this agreement.
Client___________________________ Date:____________
Client___________________________ Date:____________
State of: ___________________________
)SS
County of:__________________________
On this________ day of ________ before me a notary public, the above persons appeared before me and did sign this agreement.
Notary Public
Building Blocks Adoption Services, Inc.
By:____________________ Date:___________
Revised 4-20-2