Montana Adoption Laws, Page 6
Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Statute: § 42-7-101(1)- Medical and prenatal care.
- Foster care.
- Counseling for mother.
- Travel and temporary living expenses.
- Legal fees.
- Any other adoption related expenses.
Birth Parent Expenses Not Allowed
Statute: §§ 42-7-101(1)(k); 42-7-102
- Education.
- Vehicles.
- Salary, wages, or vacations.
- Permanent housing for the birth mother.
- Counseling for the mother beyond a maximum of 10 hours.
Allowable Payments for Arranging Adoption
Statute: § 42-7-105(3)
- A person may not give or accept payment beyond the fees that are specifically allowed by statute.
Allowable Payments for Relinquishing Child
Statute: §§ 42-7-101(2); 42-7-105(4)
- Expense payments may not be made contingent on the placement of the child.
- Payments made cannot be recovered; they are considered a gift to the birth mother.
Allowable Fees Charged by Department/Agency
Statute: § 42-7-101(1)
- The actual cost of the preplacement evaluation.
Accounting of Expenses Required by Court
Statute:
- Although an accounting is not mandatory, judges may, in their discretion, ask for one.
Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)
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