59-2121. Payment for adoption; limitation; approval by court; criminal penalties.
59-2121
59-2121. Payment for adoption; limitation; approval by court; criminalpenalties.(a) Except as otherwise authorized by law, no person shallrequest, receive, give or offer to give any consideration in connectionwith an adoption, or a placement for adoption, other than:
(1) Reasonable fees for legal and otherprofessional services renderedin connection with the placement or adoption not to exceed customary feesfor similar services by professionals of equivalentexperience and reputation where the services are performed, except thatfees for legal and other professional services as provided in this sectionperformed outside the state shall not exceed customary fees for similarservices when performed in the state of Kansas;
(2) reasonable fees in the state of Kansas of a licensed child-placingagency;
(3) actual and necessary expenses, based on expenses in the state ofKansas, incident to placement or to the adoption proceeding;
(4) actual medical expenses of the mother attributable to pregnancy and birth;
(5) actual medical expenses of the child; and
(6) reasonable living expenses of the mother which are incurred duringor as a result of the pregnancy.
(b) In an action for adoption, a detailed accounting of allconsideration given, or to be given, and all disbursements made, or to bemade, in connection with the adoption and the placement for adoption shallaccompany the petition for adoption. Upon review of the accounting, thecourt shall disapprove any such consideration which the court determines tobe unreasonable or in violation of this section and, to the extentnecessary to comply with the provisions of this section, shall orderreimbursement of any consideration already given in violation of this section.
(c) Knowingly and intentionally receiving or accepting clearlyexcessive fees or expenses in violation of subsection (a) shall be a severitylevel 9, nonperson felony. Knowingly failing to list allconsideration or disbursements asrequired by subsection (b) shall be a class B nonperson misdemeanor.
History: L. 1990, ch. 145, § 11;L. 1994, ch. 291, § 77; July 1.