Wrongful Adoption Suits and Damages

Wrongful adoption claims have only in recent years been recognized as viable tort actions in New York State. The First Department was the first New York court to recognize the cause of action, characterizing it as 'the extension of common-law fraud principles to the adoption setting.' Juman v. Wise Servs., 159 Misc. 2d 314, 317 (1^st Dept. 1995). Thus, adoptive parents seeking to recover damages for wrongful adoption must prove the elements of common-law fraud: 1) that defendant made a representation as to a material fact or concealed a material fact; 2) that such representation was false and known by the defendant to be false, or was made recklessly; 3) that defendant intended to deceive plaintiff and to induce the plaintiff to act upon the misrepresentation; 4) that plaintiff justifiably relied upon the statement; and 5) as a result of such reliance, plaintiff sustained injury. Orbit Holding Corp. v. Anthony Hotel Corp., 121 AD2d 311; Lukowsky v. Shalit, 110 AD2d 311. Plaintiffs must also file within the 6-year statute of limitations deadline set by CPLR 213 (8), or if they did not discover the fraud until later, file within 2 years from the time the fraud was discovered or should have been discovered (CPLR 203 (g)).