ADOPTION SERVICES AGREEMENT
This Agreement is made and entered into this ___ day of______ by and between BUILDING BLOCKS ADOPTION SERVICE, INC, an Ohio non-profit corporation (hereinafter Building Blocks) located at 52 Public Square, Medina, Ohio 44256, and __________________ whose present mailing address is ___________ (hereinafter referred to as Adoptive Parent(s)).
Adoptive Parent(s) hereby retain Building Blocks as their facilitator and representative in the adoption of a child from the following country: _______. The terms and conditions of the agreement are as follows:
1. Building Blocks: Responsibilities: Building Blocks agrees to perform the following services on behalf of the Adoptive Parent(s):
1.01. Building Blocks shall advise and assist the Adoptive Parent(s) in identification of documents and requirements necessary to qualify for an adoption in the above referenced country.
1.02. Building Blocks shall provide or assist the Adoptive Parent(s) in locating a qualified individual to perform and complete the home study necessary to qualify the Adoptive Parent(s) for the international adoption. The home study is not a part of this contract and shall require a separate expenditure by the Adoptive Parent(s).
1.03. Building Blocks shall review all documents provided for adoption and advise Adoptive Parent(s) as to revisions needed or additional material required.
1.04. Building Blocks shall assist the Adoptive Parent(s) with the completion of a dossier to be used in the adoption and forward all necessary documents to the representatives in the chosen country of adoption.
1.05. Building Blocks shall assist the Adoptive Parent(s) in the acquisition of the approvals from the United States government necessary to complete the adoption.
1.06. Building Blocks shall, if requested, assist the Adoptive Parent(s) with the authentication of documents necessary to secure the adoption.
1.07. Building Blocks shall provide timely and accurate advice, insofar as possible, on the expeditious handling of documents required for international adoption, procedures to be followed abroad, the status of regulations in the relevant country, and the status of Adoptive Parent(s)’ adoption in the relevant country.
1.08 Building Blocks shall communicate with the foreign country representatives as to the status of the adoption and forthwith inform the Adoptive Parent(s) of said status. Building Blocks shall to the extent that it is able, advocate with the foreign country representative so as to resolve issues with said adoption.
1.09. Building Blocks will use reasonable efforts to assist in obtaining reliable medical information as reasonably requested by the Adoptive Parent(s) although due to the nature of international adoptions, Building Blocks cannot guarantee the content of any medical report.
1.10. Building Blocks shall assure that the Adoptive Parent(s) have the appropriate assistance when traveling to the foreign country including contact with a representative, recommended lodging, necessary translators and/or guides.
1.11. Building Blocks shall assist the Adoptive Parent(s) in completing the post placement requirements of the foreign country with respect to the developmental reports involving their adopted child. The reports shall include photographs and any other information required by the foreign country.
2. Adoptive Parent(s): Responsibilities:
2.01. Adoptive Parent(s) shall procure and cause to be notarized and/or authenticated any and all documents that are necessary for an international adoption as and when requested by Building Blocks.
2.02. Adoptive Parent(s) agree that any and all information supplied by them on any document or communication shall be truthful and complete.
2.03. Adoptive Parent(s) shall fully and completely cooperate with all requirements communicated to them by Building Blocks or communicated to them by other individuals or entities acknowledged by Building Blocks to be working with the agency toward the successful completion of the adoption.
2.04. Adoptive Parent(s) shall use their best efforts to expedite the process of the adoption once a referral of a child has been made and accepted by the Adoptive Parent(s).
2.05. Adoptive Parent(s) shall be respectful of the foreign and domestic professionals assigned to assist them in the completion of the adoption process.
2.06. Adoptive Parent(s) shall be prepared with all necessary documentation and shall travel to the foreign country (unless escort is specified) at the time and place indicated by Building Blocks or the foreign representatives. The Adoptive Parent(s) do agree that once the adoption is completed in the foreign county that any delay in travel by the Adoptive Parent(s) will result in childcare costs that will have to be paid by the Adoptive Parent(s).
2.07. Adoptive Parent(s) shall act in an appropriate manner while in the foreign country and hereby acknowledge that while they are in the foreign country, they represent all adoptive couples in the present and in the future and that their actions can directly effect and impact other adoptions occurring in that foreign country.
2.08. Adoptive Parent(s) shall pay all fees and expenses associated with this Agreement in a timely manner consistent with the requirements hereof.
2.09. Adoptive Parent(s) shall timely comply with all of the post placement requirements of the foreign country with respect to the developmental reports involving their adopted child. The reports shall include photographs and any other information required by the foreign country.
2.10. Adoptive Parent(s) shall accept all responsibility for the domestic completion, if required, of the adoption process. The Adoptive Parent(s) acknowledge that at any point in time when the foreign court has issued the decree of adoption, the child becomes their absolute and sole responsibility. Adoptive Parent(s) shall compete all of the local requirements to finalize the adoption by the end of or immediately subsequent to the post placement supervisory period. Further, if the child has not been declared a citizen of the United States through the adoption process, then the Adoptive Parent(s) shall take all required steps to cause said child to be naturalized by the laws of the United States of America.
2.11. Adoptive Parent(s) shall not pursue other possible child placement through other sources or agencies while this contract is in force. If Adoptive Parent(s) receive a child assignment through any source other than Building Blocks, this contract shall be considered breached and any further action will be terminated. All fees and expenses due to Building Blocks and the foreign source at that time will be immediately due and owing. All fees previously paid will be retained by Building Blocks or the foreign source and no refunds will be issued. Adoptive Parent(s) understand that the adoption of a child through another agency while this contract is pending will in all likelihood cause the foreign source to deny the adoption. The failure to disclose the pendency of other adoptions shall be considered in a material breach of this Agreement.
2.12. Adoptive Parent(s) shall not interfere with the process of the adoption in the foreign country. Pursuant thereto, the Adoptive Parent(s) shall not present themselves or cause another to present themselves or their case in any manner whatsoever to any government official, office or department without the written consent of Building Blocks. The parties hereto acknowledge that Building Blocks seeks uniform comportment with the laws, regulations and customs of the foreign government and that the unilateral actions of a single family can impact the adoptions of other families. Further, the Adoptive Parent(s) agree and understand that all communication from them shall be made through Building Blocks and not through or directly to any foreign source or agency. If Adoptive Parent(s) violate this section, this contract shall be considered breached and any further action will be terminated. All fees and expenses due to Building Blocks and the foreign source at that time will be immediately due and owing. All fees previously paid will be retained by Building Blocks or the foreign source and no refunds will be issued.
2.13. The Adoptive Parent(s) shall not issue any false or misleading communication of any kind or nature concerning Building Blocks ore any of its agents, servants, employees or foreign contacts (including foreign representatives, foreign and domestic facilitators and physicians). The restricted communications shall include but be not limited to written, oral, internet posting, web sites or other such mediums of communication. False or misleading communications shall include but be not limited to representations that Building Blocks provided an unhealthy child (Building Blocks does not guarantee the past, present or future health of the child or the child’s personality, learning disabilities, appearance or inherited characteristics) and communication concerning the length of time an adoption required (each case is subjected to too many foreign influences beyond the control of Building Blocks to guarantee a time frame for the completion of the adoption). In the event of a violation of this paragraph, the Adoptive Parent(s) shall be subjected to injunctive relief limiting the communications and liquidated damages in the amount of $3,500 for each day in which an occurrence of this violation has been identified.
2.14. Adoptive Parent(s) shall reasonably and timely comply with all other Building Blocks requirements throughout the adoption process.
3. Adoptive Parent(s): Acknowledgement of Risks:
3.01. Adoptive Parent(s) understand and acknowledge Building Blocks is A CHILD PLACING AGENCY. It is understood, however, that the law of the foreign country controls the placement of the orphaned children of that country and that any placement of that child is deemed to be controlled by the government of that country. Building Blocks is, therefore, a facilitator of the adoption as to the Adoptive Parent(s) and is not part of the placement process of that country. This Agreement is not intended to guarantee the placement of a child. Efforts to adopt orphaned children from a foreign country may involve circumstances which are beyond Building Blocks ability to control.
3.02. Adoptive Parent(s) will from time to time receive medical information from the foreign representatives that are providing 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. Adoptive Parent(s) shall have the right to have any medical information on the assigned child reviewed by a medical practitioner of Adoptive Parent(s)’ choice. Building Blocks specifically states that no one can predict an adoptive child’s future personality, medical problems, learning disabilities, appearance or inherited characteristics. Adoptive Parent(s) 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). Adoptive Parent(s) understand that their child could arrive with undiagnosed physical, emotional and/or developmental problems.
3.03. Adoptive Parent(s) acknowledge that Building Blocks receives three types of fees in this case. The first type are fees for services rendered by Building Blocks. The second type are fees that are earned by third parties including the foreign representatives for the processing of the adoption in the foreign country. The third type are miscellaneous additional expenses related to the adoption for which Building Blocks assists in the processing and receives monies from the Adoptive Parent(s). Building Blocks cannot control the second or third type of fees. The fees so charged by foreign courts, attorneys, foundations, institutions and sources and domestic governmental requirements may fluctuate at any time without warning. Building Blocks can only guarantee the first type of fees in the total adoption cost. Any and all other fee increases must be assumed by Adoptive Parent(s), regardless of the amount agreed upon in this contract. Adoptive Parent(s) acknowledge and understand that Building Blocks cannot specify any time frame for completion of the adoption after the a referral has been accepted 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 Adoptive Parent(s) choose to withdraw from the international adoption program after a referral has been accepted, 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. 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 Adoptive Parent(s).
3.04. 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. 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 mutal convenience of Building Blocks and Adoptive Parent(s).
3.05. Adoptive Parent(s) understand that Building Blocks retains the right to terminate its adoption services at any time for good cause based upon the reasonable judgment of Building Blocks. In the event of such termination, all fees payable to Building Blocks and/or foreign sources for services rendered and expenses incurred on behalf of Adoptive Parent(s) shall be promptly paid in full. No refunds will be made of any fees or expenses already paid to Building Blocks and/or foreign sources.
Situations in which the termination of adoption services may be considered include, but are not limited to, the discovery that Adoptive Parent(s) provided false information; change in family structure, such a 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 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.
3.06. If, at any time during the adoption process, 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.
4. Adoptive Parent(s): Acknowledgement of Fees:
4.01. Adoptive Parent(s) acknowledge that there are three separate fees involved in the adoption process. The first fee shall be defined as an agency fee. The second fee shall be defined as the foreign and legal source fee. The third fee shall be defined as the additional fees related to the adoption process.
4.02. The Adoptive Parent(s) acknowledge that the following fees shall be paid to Building Blocks as the agency fees in consideration for the establishment of foreign contacts and the duties to be performed:
A. The application fee of $225.00
B. The Building Blocks Program fee of $3,700.00. This fee is required to be paid at the execution of the contract. The fee is nonrefundable, regardless of the reason of the termination of the Agreement or the termination of the adoption.
C. The Building Blocks dossier fee of $850.00. The dossier fee is payable upon the completion of the dossier. The dossier is a requirement of every adoption. The dossier is nonrefundable.
4.03. The Foreign Source fee is established by the schedule attached hereto as Schedule A and is hereby incorporated in full in this Agreement. The amount of the Foreign Source fee in each adoption is per adoptive child, unless otherwise stated. Adoptive Parent(s) acknowledge that Building Blocks cannot control fees charged 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 Adoptive Parent(s), regardless of the amount agreed upon in this contract. 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 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, and no refunds of any nature shall be paid or due. 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 Adoptive Parent(s).
4.04. The Adoptive Parent(s) acknowledge that there are additional fees that are not covered by the payment of either agency fees or foreign source fees. The following expenses are additional fees that must be paid although the list is not intended to be all inclusive: police clearance fees, authentication fees, courier fees, visa fees, travel to the source country, passport fees, and pictures. In some rare instances, the foreign source fee may increase during the pendency of the adoption due to some unforeseeable situation. Building Blocks will use its best efforts to prevent any increase in fees.
4.05. Adoptive Parent(s) acknowledge that the failure to make timely payment of all fees due shall be considered a material breach of this agreement and will result in an immediate termination of services. All fees shall nevertheless remain due and owing from the Adoptive Parent(s) to Building Blocks and all other remedies shall remain available to Building Blocks. All returned checks shall be subjected to an adoption charge of $30.00 and all unpaid fees and/or additional expenses billed and unpaid for more than 30 days shall be charged an annual interest rate of 10% plus a $5.00 per month administrative charge.
4.06. Adoptive Parent(s) acknowledge that the only fees that are guaranteed not to change are the agency fees listed in Paragraph 4.02. However, those fees are guaranteed only if the contract is executed within 30 days of the date it is mailed or given to the Adoptive Parent(s) for execution. Further, the fees of Paragraph 4.02 are limited as follows: the Adoptive Parent(s) must have completed the dossier within nine (9) months of the execution of this Agreement and also must have committed to a child within eighteen (18) months of the execution of this Agreement (unless they have not received as many as 10 referrals in that time in which case the time shall be extended until the tenth referral has been rejected). If either time limit has been reached without a written extension by Building Blocks, then the contract is deemed completed and terminated and all monies paid by the Adoptive Parent(s) shall be retained as full and final consideration by Building Blocks.
5. Miscellaneous Provisions:
5.01. Adoptive Parent(s) and Building Blocks acknowledge that all headings, sections, use of singular or plural and the use of masculine or feminine are for convenience purposes only and are not intended to limit the requirements of the parties set forth and established herein.
5.01. 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. Adoptive Parent(s) 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.
5.02. Building Blocks acknowledges that the Adoptive Parent(s)’ files will be kept strictly confidential except when information is required to be provided to appropriate third parties or governmental authorities both during and after the adoption process.
5.03. Building Blocks and the Adoptive Parent(s) acknowledge that this Agreement shall be governed by the laws of the State of Ohio in the United States of America. Any suit or action brought hereunder shall be brought only in the courts of the State of Ohio and shall be venued only in the county in which Building Blocks maintains its principal place of business.
5.04 The Adoptive Parent(s) agree and acknowledge that there shall be a limitation of recovery in any action against Building Blocks or its employees, agents, servants or foreign representatives. The Adoptive Parent(s) shall be entitled to recover only to the extent of the fees paid to Building Blocks as established in Paragraph 4.02.B. hereof.
5.05. 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.
SO AGREED THIS _____ DAY OF ____________, 200___
(End of Document: next page contains only the signatures of the parties hereto)