Adoption contract issues

[Proejo]

Texas.

I posted this a while back in the Contracts forum seeeking advice, but got no response. My wife and I tried to get pregnant for four years, then signed a contract (after going through the background check) with an adoption agency to adopt out of China. Four days later, we learn my wife is pregnant. Great news, but we provided a huge deposit. The contract says no refunds, but also, no work was ever performed, no home study course ever issued and no case worker assigned to us. The agency refuses to return the deposit. We're inclined to take them to small claims court. Wondered if anyone has had similar experience and chose to sue? Should we just forget it and move on?

[nextwife]

Originally Posted by Proejo

Texas.

I posted this a while back in the Contracts forum seeeking advice, but got no response. My wife and I tried to get pregnant for four years, then signed a contract (after going through the background check) with an adoption agency to adopt out of China. Four days later, we learn my wife is pregnant. Great news, but we provided a huge deposit. The contract says no refunds, but also, no work was ever performed, no home study course ever issued and no case worker assigned to us. The agency refuses to return the deposit. We're inclined to take them to small claims court. Wondered if anyone has had similar experience and chose to sue? Should we just forget it and move on?

Actually, I know of two families where a pregnancy was discovered during the adoption process. They, however, went forward with their foriegn adoptions and did not abandon their other future child to the orphanage system. They became the parents of two kids. They call them "artifical twins".

[Proejo]

We know others, too, that have done the same. We weren't into the process yet, so we weren't emotionally invested enough to continue. The question is, though, is the agency entitled to keep the funds even though no work had yet been performed and they admit as such?

[weenor]

Originally Posted by Proejo

We know others, too, that have done the same. We weren't into the process yet, so we weren't emotionally invested enough to continue. The question is, though, is the agency entitled to keep the funds even though no work had yet been performed and they admit as such?

It really does depend on the exact wording of the contract. Have a local lawyer review it.