§ 48-10-103. Lawful payments related to adoption.
§ 48‑10‑103. Lawful payments related to adoption.
(a) An adoptive parent,or another person acting on behalf of an adoptive parent, may pay thereasonable and actual fees and expenses for:
(1) Services of anagency in connection with an adoption;
(2) Medical, hospital,nursing, pharmaceutical, traveling, or other similar expenses incurred by amother or her child incident to the pregnancy and birth or any illness of theadoptee;
(3) Counseling servicesfor a parent or the adoptee that are directly related to the adoption and areprovided by a licensed psychiatrist, licensed psychologist, licensed marriageand family therapist, licensed professional counselor, licensed or certifiedsocial worker, fee‑based practicing pastoral counselor or other licensedprofessional counselor, or an employee of an agency;
(4) Ordinary livingexpenses of a mother during the pregnancy and for no more than six weeks afterthe birth;
(5) Expenses incurred inascertaining the information required under G.S. 48‑3‑205 about anadoptee and the adoptee's biological family;
(6) Legal services,court costs, and traveling or other administrative expenses connected with anadoption, including any legal service connected with the adoption performed fora parent who consents to the adoption of a minor or relinquishes the minor toan agency; and
(7) Preparation of thepreplacement assessment and the report to the court.
(b) A birth parent, oranother person acting on the parent's behalf, may receive or accept paymentsauthorized in subsection (a) of this section; or a provider of a service listedin subsection (a) of this section may receive or accept payments for thatservice.
(c) A paymentauthorized by subsection (a) of this section may not be made contingent on theplacement of the minor for adoption, relinquishment of the minor, consent tothe adoption, or cooperation in the completion of the adoption. Except asprovided in subsection (d) of this section, if the adoption is not completed, aperson who has made payments authorized by subsection (a) of this section maynot recover them; but neither is this person liable for any further paymentunless the person has agreed in a signed writing with a provider of a serviceto make this payment regardless of the outcome of the proceeding for adoption.
(d) A prospectiveadoptive parent may seek to recover a payment if the parent or other personreceives or accepts it with the fraudulent intent to prevent the proposedadoption from being completed.
(e) An agency maycharge or accept a reasonable fee or other compensation from prospectiveadoptive parents. In assessing a fee or charge, the agency may take intoaccount the income of adoptive parents and may use a sliding scale related toincome in order to provide services to persons of all incomes. (1975, c. 335, s. 1; 1991, c.335, s. 1; 1993, c. 539, ss. 412, 1264; 1994, Ex. Sess., c. 24, s. 14(c); 1995,c. 457, s. 2; 2001‑487, s. 40(c).)