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I don't know the legalities...
but I would be inclined to PAY the fee, finalize your son's adoption, then seek legal recourse against the agency after the adoption is final and irrevocable.
I know it is alot of money and the agency has given you erroneous information and/or misrepresented themselves. But if the only issue is the agency fee (and NOT any question regarding the legality of the adoption itself) I would pay the amount they are requesting and finalize before rocking the boat.
GOOD LUCK! And Hugs!
Jennifer
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