Payment to or acceptance by natural parent of compensation in return for placement for or consent to adoption of child.
1. Except as otherwise provided in subsection 3, it is unlawful for any person to pay or offer to pay money or anything of value to the natural parent of a child in return for the natural parent’s placement of the child for adoption or consent to or cooperation in the adoption of the child.
2. It is unlawful for any person to receive payment for medical and other necessary expenses related to the birth of a child from a prospective adoptive parent with the intent of not consenting to or completing the adoption of the child.
3. A person may pay the medical and other necessary living expenses related to the birth of a child of another as an act of charity so long as the payment is not contingent upon the natural parent’s placement of the child for adoption or consent to or cooperation in the adoption of the child.
4. This section does not prohibit a natural parent from refusing to place a child for adoption after its birth.
5. The provisions of this section do not apply if a woman enters into a lawful contract to act as a surrogate, be inseminated and give birth to the child of a man who is not her husband.
Last modified: February 25, 2006