Section 170-B:13 Payment of Birth Parent Expenses; Penalty.
I. In any adoption of an unrelated minor child under this chapter, an intended adoptive parent or anyone acting in concert with, at the direction of, or on behalf of an intended adoptive parent shall pay only the following expenses of the birth parent:
(a) Reasonable counseling, medical, and legal fees, which shall be paid by the party responsible for payment to the provider of the service.
(b) Reasonable expenses for transportation, meals, clothing, and lodging incurred for placement of the minor child.
(c) Reasonable expenses for adoption services provided by an agency at the request of the birth parent, which shall be paid directly to the agency.
(d) Reasonable living expenses of the birth mother which are necessary to maintain an adequate standard of living, which the birth mother is unable to otherwise maintain because of loss of income or other support resulting from the pregnancy and lost wages resulting from the pregnancy or delivery. Payments may cover expenses incurred during the pregnancy-related incapacity, but not for a period longer than 6 weeks following delivery. Reasonable living expenses shall not include gifts in excess of $50, educational expenses, or other payments for the monetary gain of the birth parent.
II. A contract purporting to require a birth parent to reimburse an intended adoptive parent for such payments under any circumstances, including circumstances in which a birth parent refuses to surrender his or her parental rights or withdraws said surrender, is void as against public policy.
III. Violations of this section shall not affect the force or effect of an adoption decree issued pursuant to this chapter; specifically, it shall not be grounds for the finding of fraud or duress affecting the validity of a surrender that an adoptive parent paid or refused to pay expenses or other money or things of value not allowed by this section.
IV. The court may issue appropriate orders to enforce this section, including orders for reimbursement.
Source. 2004, 255:1, eff. Jan. 2, 2005.