Common use of Parental Discretion Clause in Contracts

Parental Discretion. a. The Adoptive Parent(s) have the absolute discretion to request that the child presented to them for the opportunity of adoption is within certain parameters, subject to certain limitations. i. Adoptive Parent(s) may not specify skin tone of a prospective adoptive child. ii. To the extent that Adoptive Parent(s) request that a child be “healthy,” that this requirement be subject to their understanding of the risks set forth on Schedule C hereto. The Adoptive Parent(s) specifically understand that the AGENCY cannot guaranty the health of a child, that they understand that the AGENCY cannot guaranty the accuracy of medical information provided on a child, and that they understand that any child who has resides in an institution will experience certain heightened health risks and delays whose long-term impact is difficult to predict with accuracy. iii. To the extent that the Adoptive Parent(s) request that a child be within a certain age range, such age range will be linked to the time of assignment to the Adoptive Parent(s) and not linked to the age at the time of Placement. The Adoptive Parent(s) specifically understands the risks described on Schedule C, including the fact that a case may take longer to process in a foreign court system that was predicted. Therefore, a child may at the time of placement be older than expected when the assignment was originally accepted. iv. The adoptive parents will receive specific information on the referral and acceptance process for their chosen country at the time the contract is signed. b. When a child is assigned to the Adoptive Parent(s) for consideration for adoption, the Adoptive Parent(s) retain the absolute discretion to accept the opportunity to adopt that child, or to decline such opportunity, subject to certain limitations. Specifically, any decision to decline must be based upon the Adoptive Parent(s)’ reasonable evaluation of the Child(ren), and cannot be based on arbitrary factors. The Adoptive Parent(s) are required to seek outside medical evaluations from an international adoption medical specialist (or other approved and qualified medical professional) to interpret and evaluate medical and social information provided on a Child(ren). Additional education related to the child’s specific condition is required at the time of a referral. c. If the Adoptive Parent(s) unreasonably or arbitrarily withhold their acceptance of the Child(ren), AGENCY shall have the sole and complete discretion to terminate all further obligations to the Adoptive Parent(s) pursuant to the Agreement. Basis that are considered unreasonable or arbitrary to refuse a referral include, without limitation, skin/hair/eye color, ethnicity (or presumed ethnicity), attractiveness, size of the Child(ren).

Parental Discretion. a. The Adoptive Parent(s) have the absolute discretion to request that the child presented to them for the opportunity of adoption is within certain parameters, subject to certain limitations. i. Adoptive Parent(s) may not specify skin tone of a prospective adoptive child. ii. To the extent that Adoptive Parent(s) request that a child be “healthy,” that this requirement be subject to their understanding of the risks set forth on Schedule C D hereto. The Adoptive Parent(s) specifically understand that the AGENCY MAA cannot guaranty the health of a child, that they understand that the AGENCY MAA cannot guaranty the accuracy of medical information provided on a child, and that they understand that any child who has resides in an institution will experience certain heightened health risks and delays whose long-term impact is difficult to predict with accuracy. iii. To the extent that the Adoptive Parent(s) request that a child be within a certain age range, such age range will be linked to the time of assignment to the Adoptive Parent(s) and not linked to the age at the time of Placement. The Adoptive Parent(s) specifically understands the risks described on Schedule CD, including the fact that a case may take longer to process in a foreign court system that was predicted. Therefore, a child may at the time of placement be older than expected when the assignment was originally accepted. iv. The adoptive parents will receive specific information on the referral and acceptance process for their chosen country at the time the contract is signed. b. When a child is assigned to the Adoptive Parent(s) for consideration for adoption, the Adoptive Parent(s) retain the absolute discretion to accept the opportunity to adopt that child, or to decline such opportunity, subject to certain limitations. Specifically, any decision to decline must be based upon the Adoptive Parent(s)’ reasonable evaluation of the Child(ren), and Child(ren),and cannot be based on arbitrary factors. The Adoptive Parent(s) are required encouraged to seek outside medical evaluations from an international adoption medical specialist (or other approved and qualified medical professional) to interpret and evaluate medical and social information provided on a Child(ren). Additional education related to the child’s specific condition is required at the time of a referral. c. If the Adoptive Parent(s) unreasonably or arbitrarily withhold their acceptance of the Child(ren), AGENCY shall have the sole and complete discretion to terminate all further obligations to the Adoptive Parent(s) pursuant to the Agreement. Basis Bases that are considered unreasonable or arbitrary to refuse a referral include, without limitation, skin/hair/eye color, ethnicity (or presumed ethnicity), attractiveness, size of the Child(ren). c. If the Child(ren) is declined for adoption as a result of the Adoptive Parent(s)’ reasonable evaluation of the Child(ren), MAA will attempt to determine if there is another child or children who may meet the criteria of the Adoptive Parent(s) for an adoption. To the extent that these determinations are made while the Adoptive Parent(s) are in the foreign country of origin, MAA cannot offer any guaranty that an adoption will be completed at that time, and the Adoptive Parent(s)’ hereby understand, acknowledge and assume the risk that their decision results in that country’s officials’ refusal to permit the Adoptive Parent(s) to adopt any other child from such country. d. If the Adoptive Parent(s) unreasonably or arbitrarily withhold their acceptance of the Child(ren), MAA shall have the sole and complete discretion to terminate all further obligations to the Adoptive Parent(s) pursuant to the Agreement.

Parental Discretion. a. The Adoptive Parent(s) have the absolute discretion to request that the child presented to them for the opportunity of adoption is within certain parameters, subject to certain limitations. i. Adoptive Parent(s) may not specify skin tone of a prospective adoptive child. ii. To the extent that Adoptive Parent(s) request that a child be “healthy,” that this requirement be subject to their understanding of the risks set forth on Schedule C hereto. The Adoptive Parent(s) specifically understand that the AGENCY cannot guaranty the health of a child, that they understand that the AGENCY cannot guaranty the accuracy of medical information provided on a child, and that they understand that any child who has resides in an institution will experience certain heightened health risks and delays whose long-term impact is difficult to predict with accuracy. iii. To the extent that the Adoptive Parent(s) request that a child be within a certain age range, such age range will be linked to the time of assignment to the Adoptive Parent(s) and not linked to the age at the time of Placement. The Adoptive Parent(s) specifically understands the risks described on Schedule C, including the fact that a case may take longer to process in a foreign court system that was predicted. Therefore, a child may at the time of placement be older than expected when the assignment was originally accepted. iv. The adoptive parents will receive specific information on the referral and acceptance process for their chosen country at the time the contract is signed. b. When a child is assigned to the Adoptive Parent(s) for consideration for adoption, the Adoptive Parent(s) retain the absolute discretion to accept the opportunity to adopt that child, or to decline such opportunity, subject to certain limitations. Specifically, any decision to decline must be based upon the Adoptive Parent(s)’ reasonable evaluation of the Child(ren), and cannot be based on arbitrary factors. The Adoptive Parent(s) are required encouraged to seek outside medical evaluations from an international adoption medical specialist (or other approved and qualified medical professional) to interpret and evaluate medical and social information provided on a Child(ren). Additional education related to Basis that are considered unreasonable or arbitrary include, without limitation, skin/hair/eye color, ethnicity (or presumed ethnicity), attractiveness, size of the child’s specific condition is required at the time of a referralChild(ren). c. If the Child(ren) is declined for adoption as a result of the Adoptive Parent(s) reasonable evaluation of the Child(ren), AGENCY will attempt to determine if there is another child or children who may meet the criteria of the Adoptive Parent(s) for an adoption. To the extent that these determinations are made while the Adoptive Parent(s) are in the foreign country of origin, the AGENCY cannot guaranty that an adoption will be completed at the time, and the Adoptive Parent(s)’ hereby understand, acknowledge and assume the risk that their decision results in that country’s officials’ refusal to permit the Adoptive Parent(s) to adopt any other child from such country. d. If the Adoptive Parent(s) unreasonably or arbitrarily withhold their acceptance of the Child(ren), AGENCY shall have the sole and complete discretion to terminate all further obligations to the Adoptive Parent(s) pursuant to the Agreement. Basis that are considered unreasonable or arbitrary to refuse a referral include, without limitation, skin/hair/eye color, ethnicity (or presumed ethnicity), attractiveness, size of the Child(ren).