8-114. Monies paid to or for parent; court approval; attorney fees; accounting; disallowance; exception
A. The court may approve any monies paid to a parent of a child placed for adoption or another person for the benefit of the parent or adopted child for reasonable and necessary expenses incurred in connection with the adoption. These expenses may include costs for medical and hospital care and examinations for the mother and child, counseling fees, legal fees, agency fees, living expenses and any other costs the court finds reasonable and necessary.
B. A person who wishes to pay the living expenses of a birth parent that exceed one thousand dollars shall file a motion with the court to permit that payment. On the filing of a petition the court shall hold a hearing within ten days, unless the hearing is waived for good cause shown. The court shall approve living expenses that the person has paid, unless found unreasonable. The person who wishes to pay the one thousand dollars in living expenses of a birth mother shall file an affidavit with the court signed by the birth mother verifying that the birth mother has been given written notice and that she understands that the payment of these expenses by any person does not obligate the birth mother to place the child for adoption and that a valid consent to the adoption can only be given after the child's birth without regard to any cost or expense paid by any person in connection with the adoption. A maximum of one thousand dollars may be advanced for birth parent living expenses without a motion. In determining what living expenses are reasonable and necessary, the court shall consider but not be limited to the following factors:
1. The current standard of living of the birth parent.
2. The standard of living necessary to preserve the health and welfare of the birth parent and the unborn child.
3. The existence of alternative financial resources for the birth parent.
C. Except as provided in subsection A, a person shall not be directly or indirectly compensated for giving or obtaining consent to place a child for adoption.
D. An attorney may be paid for the attorney's services in connection with adoption, paternity and severance proceedings only the amount the court approves as being reasonable and necessary.
E. Not fewer than ten days before a petition to adopt a child is heard, the prospective adoptive parent shall file with the court a verified accounting in the form specified by court rules of all fees, payments, disbursements or commitments of anything of value made or agreed to be made by the prospective adoptive parent or for the benefit of the prospective adoptive parent in connection with the adoption. The accounting shall include all living expenses, including living expenses advanced pursuant to subsection B for which a motion is not required, and shall be accompanied by an affidavit that is signed by the birth mother, either before or after the birth of the child, that verifies that she has been given written notice and that she understands that the payment of these expenses does not obligate her to place her child for adoption and that she may give a valid consent to the adoption only after the child's birth without regard to any cost or expense paid by any person in connection with the adoption. This subsection does apply to an agency placement adoption or to a direct placement adoption made through an agency.
F. The court shall allow, disallow or allow in part fees, payments, disbursements and commitments as shown in the accounting.
G. If the court finds an accounting to be incomplete or deceptive or to contain amounts which are unauthorized or unreasonable, the court may order a new accounting or the repayment of amounts found to be excessive or unauthorized or make any other orders it deems appropriate.
H. All adoption cases shall be reviewed by the juvenile court for reasonableness and necessity of expenses.
I. This section does not apply to an adoption by a stepparent whose spouse is a natural or adoptive parent of the child.Section: Previous 8-107 8-108 8-109 8-110 8-111 8-112 8-113 8-114 8-115 8-116 8-116.01 8-117 8-118 8-119 8-120 Next
Last modified: October 13, 2016