Adoption Industry Realities This Attorney's $100,000 Case Exposes

Blog Image

This is Part 2 of our conversation with Derek Williams on Eternal Family Adoptions. If you missed Part 1, where Derek shared his personal open adoption journey, be sure to read that first.

When adoption attorney Derek Williams saw his first $100,000 adoption case cross his desk, he knew the industry had reached a breaking point. As a partner at Campbell, Williams, Ference & Hall and Fellow of the American Academy of Adoption Attorneys, Williams has spent over two decades helping families navigate adoption, but the current cost crisis threatens to price out the very families who would make excellent parents.

Williams brings a unique perspective to these challenges, having adopted two children himself through LDS Family Services before building a thriving legal practice. His insights expose three critical realities that every prospective adoptive family must understand before beginning their journey in today's adoption landscape.

Reality #1: Adoption Costs Have Spiraled Beyond Reach for Most Families  

The stark numbers tell a sobering story about modern adoption economics. Current adoption costs range from $20,000 to $45,000 for domestic private adoptions according to the Child Welfare Information Gateway, with some agencies charging $30,000 to $60,000 depending on circumstances and location. Williams' first $100,000 case represents the extreme end, but it illustrates how costs have escalated far beyond what typical families can afford.

This cost inflation reflects fundamental changes in birth mother demographics that most people don't understand. Gone are the days of the stereotypical teenage birth mother living with supportive parents. Research shows that fewer than one infant out of every 200 born each year are relinquished for adoption by birth mothers, with modern birth mothers typically being older, more independent women with existing children who face substantial living expenses including housing, utilities, medical care, childcare, and lost wages during pregnancy and recovery periods.

Williams acknowledges this reality while expressing concern about sustainability: the mathematics simply don't work for families earning median household incomes when adoption costs reach six figures. The competition for birth mothers has created what he describes as a problematic dynamic among agencies and professionals, where providers compete by offering increasingly generous expense packages.

The competition for birth mothers has created what Williams describes as a "bidding war" mentality among agencies and professionals, where providers compete by offering increasingly generous expense packages. This dynamic drives costs upward while potentially attracting individuals motivated more by financial gain than genuine placement decisions. The result is an environment where legitimate needs become difficult to distinguish from exploitation, creating distrust and driving up costs for everyone involved.

Yet Williams offers hope through direct connection adoptions that bypass expensive institutional overhead. His practice demonstrates that families can complete adoptions for under $10,000 when they find their own connections rather than paying agency fees. These direct connections, facilitated through social networks, family relationships, and community involvement, represent a growing trend that offers a path forward for families priced out of agency services.

As President Russell M. Nelson has taught about the gathering of Israel, "Each convert becomes one of God's covenant children, whether by birth or by adoption. Each becomes a full heir to all that God has promised the faithful children of Israel!" This principle applies equally to adoption, where the method matters less than the outcome of creating loving, permanent families.

Reality #2: Utah's Legal Framework Creates Both Opportunities and Controversies  

Utah's adoption laws didn't happen by accident—they reflect deliberate legislative choices designed to facilitate family building while balancing complex constitutional rights. Williams emphasizes that these laws come from democratic processes rather than professional preferences, creating what many consider to be the most adoption-friendly legal environment in the United States. However, this framework has also generated criticism and controversy that prospective families must understand.

The Utah Adoption Act approaches each party individually rather than using one-size-fits-all regulations. Birth mothers can make immediate and irrevocable placement decisions within 24 hours of delivery, a provision that critics argue takes advantage of women during vulnerable post-delivery periods affected by pain medication and hormonal changes. Supporters counter that these provisions provide the certainty and permanency that children and adoptive families need.

Utah's approach to birth parent expenses has generated particular scrutiny due to its broad and uncapped nature. The state allows reasonable adoption-related expenses without specific dollar limits or narrow categories, contrasting sharply with other states that impose strict financial restrictions. Williams explains that this flexibility enables genuine support for birth mothers with substantial needs but also creates opportunities for abuse that have generated criticism about Utah becoming a destination for questionable adoption practices.

The demographic shift in birth mothers has complicated these expense provisions significantly. Modern birth mothers often need substantial support for housing, utilities, medical care, childcare, and lost wages—legitimate expenses that can total thousands of dollars monthly over extended pregnancies. However, distinguishing between genuine need and potential fraud requires verification processes that can offend birth mothers who feel their integrity is being questioned.

The legal focus remains consistently on the best interests of children while protecting constitutional parental rights. As noted in research, about 38% of non-relative adoptions in the U.S. now involve ongoing contact between birth parents and adoptive families, reflecting the shift toward relationship-based rather than secretive approaches that Utah's laws accommodate.

Reality #3: Professional Reform Is Essential for Industry Survival  

The intersection of escalating costs, changing demographics, and legal complexities demands examination of adoption industry practices and professional responsibilities. Williams' perspective as both adoptive father and legal professional provides insight into the reforms needed to restore adoption accessibility while maintaining ethical standards that protect all parties involved.

The current system places adoptive families in an untenable position where they fund expenses and services through fees paid to professionals who may prioritize competitive positioning over cost containment. As Williams observes, this creates a dynamic where professionals make financial decisions using adoptive families' money rather than allowing families to control their own adoption budgets.

This pattern has created systematic problems that extend far beyond individual cases. Agencies compete by offering increasingly generous expense packages to attract birth mothers, driving up costs across the industry while potentially encouraging exploitation. Meanwhile, fraud and deception have increased significantly, creating distrust that further complicates relationship-building and expense verification.

Williams doesn't oppose agency services entirely—he regularly refers couples to agencies when they have financial resources and prefer institutional support. However, he advocates for industry-wide commitment to ethical practices that prioritize long-term sustainability over short-term competitive advantages. This includes transparent expense verification, realistic expectation-setting, and focus on genuine relationship-building rather than financial competition.

The solution lies partly in expanding direct connection options that reduce institutional overhead while maintaining professional legal and social work support. Williams provides legal services, social workers conduct required home studies, and medical professionals manage healthcare needs, but families retain control over relationship development and expense management. This model requires clear communication and realistic expectations but often produces more satisfying outcomes for everyone involved.

Professional education and standards should emphasize relationship success over placement numbers or financial performance. Research consistently shows that successful adoption relationships benefit all parties involved, but achieving these outcomes requires commitment to ethical practices and long-term thinking rather than short-term profit maximization.

A Vision for Sustainable and Ethical Adoption  

The current adoption landscape presents both crisis and opportunity for professionals and families committed to ethical family building. Williams' experience demonstrates that affordable, relationship-focused adoption remains possible despite current challenges, but achieving this vision requires systematic changes in how the industry operates and how families approach adoption preparation.

For families currently considering adoption, Williams offers practical guidance that emphasizes preparation and realistic expectations. Education about adoption processes, completion of home study requirements, active community networking, realistic budgeting, and mentorship from experienced families can help navigate current challenges while building successful relationships. Most importantly, families must maintain flexibility about birth mother characteristics and relationship structures while working with experienced professionals who prioritize ethics over profit.

Williams' commitment to affordable legal services and ethical practices provides hope for families who might otherwise abandon their adoption dreams due to financial constraints. His example shows how individual professionals can create positive change in an industry that needs reform and renewed focus on its fundamental mission.

The gathering of God's children into loving families represents a sacred principle that transcends economic considerations. As President Russell M. Nelson has taught, "Each convert becomes one of God's covenant children, whether by birth or by adoption. Each becomes a full heir to all that God has promised the faithful children of Israel!" This eternal perspective provides the foundation for understanding adoption not merely as a social service but as participation in divine family creation.

Williams' journey from anxious bar exam student to confident adoption attorney demonstrates that systemic change begins with individual commitment to ethical practice and family advocacy. The future of adoption depends on professionals, families, and communities working together to restore accessibility and affordability while maintaining the relationship-focused approaches that benefit everyone involved. The children are waiting, the families are willing, and the solutions exist—what remains is the collective commitment to implement them with wisdom, integrity, and an unwavering focus on children's welfare above all other considerations.

Your journey toward building an eternal family through adoption starts today. Visit eternalfamilyadoptions.org to subscribe to our newsletter, access free resources, and connect with a community of families who share your faith and values. Don't let another day pass wondering "what if"—your child may be waiting for you right now.

How can we help

Comment