Regulation of Private Domestic Adoption Expenses - Georgia

Date:

Birth Parent Expenses Allowed

Citation: Ann. Code § 19-8-24(c)

The term 'inducements' means any financial assistance, either direct or indirect, from whatever source, but shall expressly not include any of the following:

  • The payment or reimbursement of the medical expenses directly related to the birth mother's pregnancy and hospitalization for the birth of the child and medical care for the child, if paid by a licensed child-placing agency or an attorney
  • The payment or reimbursement of expenses for counseling services or legal services for a birth parent that are directly related to the placement by the parent of their child for adoption, if paid by a licensed child-placing agency or an attorney
  • The payment or reimbursement of reasonable living expenses for the birth mother, if paid by a licensed child-placing agency
  • The payment or reimbursement of reasonable expenses for rent, utilities, food, maternity garments, and maternity accessories for the birth mother, if paid from the trust account of an attorney who is a member of the State Bar of Georgia in good standing

Birth Parent Expenses Not Allowed

Citation: Ann. Code § 19-8-24(c)-(d)

All the following are unlawful:

  • For any person, organization, corporation, hospital, facilitator, or association of any kind whatsoever to hold out inducements directly or indirectly to any birth parent to part with their child
  • For any person, organization, corporation, hospital, facilitator, or association of any kind whatsoever to conspire with another to offer or provide inducements to a birth parent to part with their child
  • For an individual to knowingly make false representations in order to obtain inducements
  • For an individual to knowingly accept expenses for the adoption of their child or unborn child if they know or should have known that they are not pregnant or is not a legal mother
  • For an individual to knowingly accept expenses from an adoption agency or an attorney without disclosing that they are receiving such expenses from another adoption agency or attorney in an effort to allow for the adoption of the same child or unborn child
  • For an individual to knowingly make false representations to obtain expenses
  • For an individual to make false representations as to the existence of a pregnancy or the intention to place a child for adoption when such individual knows or should have known that the person purported to be pregnant is not pregnant or that the person purported to be offering the child for adoption has no intention of placing the child for adoption, and such representations cause another to expend financial resources or take other specific steps, including, but not limited to, travel or retaining the services of an attorney, agency, or social worker toward adoption of a child in reasonable reliance on such representations

Allowable Payments for Arranging Adoption

Citation: Ann. Code § 19-8-13(c)

Payments for services related to the adoption or the placement of the child are permitted.

Allowable Payments for Relinquishing Child

Citation: Ann. Code § 19-8-24(c)

It is unlawful for any person or entity to offer inducements directly or indirectly to a birth parent to relinquish their child. As used in this subsection, 'inducements' shall include any financial assistance, either direct or indirect, from whatever source.

Allowable Fees Charged by Department/Agency

Citation: Ann. Code § 19-8-13(b); Rules and Regs. R. 290-9-2-.06

A fee must be paid to the clerk of the court for the filing of the adoption petition, as established by § 15-6-77.

In regulation: Prior to the acceptance of an application or fees of any kind, a child-placing agency shall provide information to prospective adoptive parent(s) to assist them in making an informed decision about applying to adopt. The information may be in the form of a written handout. The information shall include the agency's fee schedule and refund policies.

Accounting of Expenses Required by Court

Citation: Ann. Code § 19-8-13(c), (d)

Each petitioner in any adoption proceeding shall file with the petition, in a manner acceptable to the court, a report fully accounting for all disbursements of anything of value made or agreed to be made, directly or indirectly, by, on behalf of, or for the benefit of the petitioner in connection with the adoption, including, but not limited to, any expenses incurred in connection with the following:

  • The birth of the child
  • Placement of the child with the petitioner
  • Counseling services or legal services for a legal mother
  • Reasonable expenses for the birth mother, as set forth in § 19-8-24(c)(1)(C) or (c)(1)(D)
  • Medical or hospital care received by the mother or child during the mother's prenatal care and confinement
  • Services relating to the adoption or placement of the child for adoption that were received by or on behalf of the petitioner, either biological parent of the child, or any other individual

Every attorney for a petitioner in any adoption proceeding shall file, in a manner acceptable to the court and before the decree of adoption is entered, an affidavit detailing all sums paid or promised to that attorney, directly or indirectly and from whatever source, for all services of any nature rendered or to be rendered in connection with the adoption provided, however, that if the attorney received or is to receive less than $500, the affidavit need only state that fact.