* Special note about interpreting BBB complaints or lack of BBB complaints. BBB terms of memberships and procedures for complaints vary by region but the BBB will often attempt to mediate a case with both parties. How successful this is varies by the program with some being very aggressive about complaints and having vigorous professional mediation (community dispute resolution) programs and others just having someone review submitted statements on the phone with each party and making an attempt to get the matter informally settled. BBB members must agree to arbitrate their unresolved grievances if demanded by the customer. It is usually binding arbitration. This can give the adoptive parent/prospective adoptive parent recourse against the agency without going to court. If the agency declines, then they get a black mark and cannot claim they are member in good standing. However, once the agency agrees to arbitration, the adoptive parent/prospective adoptive parent forfeits their right to litigate. Contact your attorney for advice before agreeing to any contract or arrangement which forfeits their right to seek redress in the courts. Furthermore, the BBB has no ability to enforce the arbitration or a decision against a member. The arbitrator may be bound to strictly interpret the contract even if the contract is unconscionable, overreaching and biased against the adoptive parent/prospective adoptive parent. If the contract says the agency isn't liable for their subcontractors, unforeseen foreign circumstances, failure of foreign government or the myriad other exculpatory excuses that agencies put into their contracts, then the action by the complainant adoptive parents/prospective adoptive parents may fail. The arbitrator can examine any evidence presented by either party and decide how credible it is. The arbitrator has latitude to accept or reject evidence and does not have to comply with the formal rules of evidence.

In this respect, an adoptive parent/prospective adoptive parent may do better in the courts, even small claims, where a judge has the authority to decide the contract is unreasonable (an "adhesion" contract) and unfair and award damages to the complainant despite a contract basically saying the agency can never be held liable for anything ( as we see so often).

There is no downside to making an initial complaint but for many programs nothing will happen unless the adoptive parents/prospective adoptive parents are aggressive and push the BBB and follow up and demand they do something about the complaint. Many BBBs are understaffed and work is done by a lot of volunteers.

** Special note about interpreting lack of COA complaints: Lack of complaints against an agency is not equivalent to lack of issues or ethical business practice. There is a barrier to prospective adoptive parents filing a complaint in that the agency is immediately informed of who has lodged the complaint; rightly or wrongly, a prospective parent may feel that their ability to complete an adoption is in jeopardy if they come forward.