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Illinois Adoption Laws, Page 6

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Regulation of Adoption Expenses

Birth Parent Expenses Allowed

Statute: 720 ILCS 525/4; 4.1

  • Reasonable living expenses, as defined by statute, where need is demonstrated. 720 ILCS 525/4; 4.1 Reasonable living expenses, as defined by statute, where need is demonstrated.

    Reasonable and actual medical and hospital charges.

    Reasonable attorney's fees.

Birth Parent Expenses Not Allowed

Statute: 720 ILCS 525/4.1(a)

  • Reasonable living expenses does not include lost wages, gifts, educational expenses, or other similar expenses.
  • Payment of living expenses shall not extend beyond 30 days after the birth.

Allowable Payments for Arranging Adoption

Statute: 720 ILCS 525/1

  • No person or organization, except a child welfare agency, shall request or accept any compensation for placing a child.

Allowable Payments for Relinquishing Child

Statute: 720 ILCS 525/4.1(d)

  • Payment of living expenses shall not obligate birth parents to place the child for adoption.
  • Petitioners shall have no right to seek reimbursement in the event that the birth parents choose not to place the child for adoption.

Allowable Fees Charged by Department/Agency

Statute: 720 ILCS 525/2

  • No person shall pay or give any compensation to any person or organization for placing a child, except for a child welfare agency.

Accounting of Expenses Required by Court

Statute: 720 ILCS 525/4.1(e); 750 ILCS 50/14(a)

  • Petitioners must file an accounting of all living expenses paid to the biological parents. Must include voucher and receipts.
  • Each party involved must file an affidavit of all hospital and medical costs, legal and counseling fees, and other expenditures.

Credits: Illinois Department of Children and Family Services
http://www.state.il.us/dcfs

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