California Adoption Laws, Page 6
Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Statute: Fam. Code §§ 8610; 8812
- Services related to adoption.
- Medical or hospital care for birth mother or child.
- Attorney's fees.
- Counseling fees .
- Living expenses.
- Birth parent must request in writing any payment for expenses.
Birth Parent Expenses Not Allowed
Statute: Penal Code § 273(d)
- It is unlawful for the birth mother to receive payments that exceed reasonable maternity-related and living expenses.
Allowable Payments for Arranging Adoption
Statute: Penal Code § 273(a)
- It is unlawful for any person or agency to receive payment for the placement or consent to an adoption of a child.
Allowable Payments for Relinquishing Child
Statute: Penal Code § 273
- A mother may not receive payment for expenses:
- If it is contingent on giving consent;
- There is intent not to consent or complete adoption;
She receives payment from more than one adoptive family.
- If it is contingent on giving consent;
Allowable Fees Charged by Department/Agency
Statute: Fam. Code § 8810
- The department or adoption agency shall charge $1,250 for filing a petition for adoption; $325 for a post-placement evaluation.
- A fee may be deferred, reduced, or waived for economic hardship.
Accounting of Expenses Required by Court
Statute: Fam. Code §§ 8610; 8812
- A full accounting report shall be filed with the court, itemized in detail, including receipts from the birth parent for any expenses paid.
Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)
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