Regulation of Adoption Expenses

Birth Parent Expenses Allowed
Citation: Ann. Stat. § 59-2121(a)

The following payments may be made on behalf of the birth mother:

• Actual medical expenses of the mother attributable to pregnancy and birth
• Actual medical expenses of the child
• Reasonable living expenses of the mother that are incurred during or as a result of the pregnancy

Birth Parent Expenses Not Allowed
Citation: Ann. Stat. § 59-2121(c)
Expenses other than those specified in statute or that are clearly excessive are prohibited.

Fees for legal and professional services performed outside the of State shall not exceed the customary fees for similar services performed within the State.

Allowable Payments for Arranging Adoption
Citation: Ann. Stat. § 59-2121(c)
Except as otherwise authorized by law, no person shall request, receive, give, or offer to give any consideration in connection with an adoption, or a placement for adoption, other than:

• Reasonable legal or professional fees and services, not to exceed customary fees of similar services by professionals
• For fees for legal and professional services performed outside of the State, compensation that is comparable to customary fees for similar services performed within the State

Allowable Payments for Relinquishing Child
Citation: Ann. Stat. § 59-2121(a)
Except as authorized by law, no person shall request or receive any consideration in connection with an adoption.

Allowable Fees Charged by Department/Agency
Citation: Ann. Stat. §§ 59-2121(a); 59-2132
The following payments are permitted:

• Reasonable fees of a licensed child-placing agency
• Actual and necessary expenses connected to the placement of the child or the adoption proceeding

The costs of making the adoption assessment and report may be assessed as court costs.

Accounting of Expenses Required by Court
Citation: Ann. Stat. § 59-2121(b)
A detailed accounting of all consideration given, or to be given, and all disbursements made, or to be made in connection with the adoption shall accompany the petition for adoption. Upon review of the accounting, the court shall disapprove any such consideration which the court determines to be unreasonable or in violation of this section and, to the extent necessary to comply with the provisions of this section, shall order reimbursement of any consideration already given in violation of this section.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

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