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Hello,
Just wondering if there's a certain place to find out what kind of adoption expenses are legal in what states? I'm mostly talking about birthmom living expenses. I'm in Arkansas. What's legal here, can anyone help? Thanks!
The following information is cut and pasted from a website called laws.adoption.com/ statutes-at-a-glance. The link is [url]http://laws.adoption.com/arkansas_state_regulation.php[/url]
The first part deals with the issue of Bmom living expenses in general, while the second part (in blue) relates specifically to Arkansas. It sounds to me like Arkansas' laws on the subject are pretty vague and ill-defined. You might want to consult with an attorney who is familiar with adoption laws in your state, and see if you can find out anything more specific.
Best wishes to you.
"Nearly all States, the District of Columbia and the U.S. territories have enacted statutes that provide some regulation of the fees and expenses that adoptive parents are expected to pay when arranging an adoptive placement. Some of the fees and expenses that are typically addressed in the statutes are placement costs, such as agency fees; legal and attorney expenses for adoptive and birth parents; and some of the expenses of the birth mother during pregnancy.
Birth Parent Expenses
Approximately1 43 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 type 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
Foster care for the child, when necessary
Approximately 12 States also specify expenses that the adoptive parent is not permitted to pay. These include educational expenses, vehicles, vacations, permanent housing, or any other payment for the monetary gain of the birth parent. In 13 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 cannot be paid by the adoptive parents. In addition, Idaho is the only State that requires reimbursement of expenses to prospective adoptive parents should the parent decide not to place the child for adoption.
In addition to regulating the type of expenses that can be paid, a few States have set time limits, typically four to eight weeks, on how long after the birth of the child an adoptive parent is required to continue payments for the birth mother's living expenses or psychological counseling."
"ARKANSAS
BIRTH PARENT EXPENSES ALLOWED: 9-9-211 Expenses incurred in connection with the birth of the child; placement of the child; medical or hospital care received by the mother; services related to the adoption or placement; fees charged by all attorneys.
EXPENSES NOT ALLOWED: None are specified.
PAYMENTS FOR ARRANGING ADOPTION: This issue is not addressed.
PAYMENTS FOR RELINQUISHING CHILD: This issue is not addressed.
FEES CHARGED BY DEPARTMENT OR AGENCY: None are specified.
ACCOUNTING OF EXPENSES REQUIRED BY COURT: ǧ9-9-211 The petitioner must file a full accounting report of all expenses incurred, and file a signed, sworn affidavit that expenses have been truthfully listed."
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Honestly, the best place to find out is through an attorney in that state - statutes change and can appear contradictory.
A good 'summary' we've found though is in this book:
Adoption in America: How to Adopt Within One Year by Randall Hicks.
Half the book is dedicated to state-by-state 'summaries' of adoption laws.
HTH
Regina, AMom to Ryan Joshua Thomas
When you are interviewing agencies you should ask about this, too. When you are reading the paperwork, it looks really scary, like you could be spending A LOT of money. It seems to me (after talking to several agencies) that you can expect to spend about 2-3K on birthmother expenses (clothes, rent, food, travel to dr. visits, long distance calls to you). OF course, they have to qualify this by telling you - some birthmothers need a lot less, some need more -- but most large agencies will only match you with birthmoms whose needs match your budget. We were originally scared by potential medical costs, but we have found most agencies work with birthmothers to help them sign up for medicaid, etc. I certainly don't begrudge a birthmother her needs like maternity clothing and essentials, but I do expect the agency to earn its fees by providing her with good counseling about placement and using government resources that are available.
D.