Birth Parent Expenses
Approximately
45 States,
American Samoa, and the Northern Mariana Islands have statutes
that specify the type of birth parent expenses a prospective
adoptive family is allowed to pay. The actual dollar amount is
usually limited by the standard of "reasonable and customary."
The types of expenses most commonly allowed by statute include:
- Maternity-related medical and hospital costs
- Temporary living expenses of the mother during pregnancy
- Counseling fees
- Attorney and legal fees; guardian
ad litem fees
- Travel costs, meals, and lodging when necessary for court
appearances; or accessing services
- Foster care for the child, when necessary
Approximately eight
States specify expenses that the adoptive parent is not permitted
to pay. Certain costs such as educational expenses, vehicles,
vacations, permanent housing, or any other payment for the
monetary gain of the birth parent often are excluded.
Approximately 17 States
specify that payments for the birth mother’s living expenses or
psychological counseling may not extend beyond a set time period,
which can range from as little as 30 days to as long as 6 weeks
after the child’s birth.
In a few States, the payment of expenses may not exceed a set
dollar amount,
unless the court grants an exception. Iowa allows post placement
counseling for 60 days but limits payment of living expenses to 30
days. New York limits payment of living expenses to 60 days prior
to the child’s birth and 30 days after. Oklahoma allows payments
for post placement counseling for up to 6 months but limits other
expenses to 2 months beyond placement.
In other States, the statutes do not specify the types of
expenses that are not allowed but do include language indicating
that any expense not expressly permitted by law
or considered by the court to be unreasonable
cannot be paid by the adoptive parents.
Idaho, in addition to its other restrictions, is the only State
that requires reimbursement of expenses to prospective adoptive
parents should the birth parent decide not to place the child for
adoption.
This information has been provided with permission by National
Adoption Information Clearinghouse. |
