California Adoption Laws, Page 6

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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.

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.

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