Regulation of Private Domestic Adoption Expenses - Illinois

Birth Parent Expenses Allowed

Citation: Comp. Stat. Ch. 720, § 5/12C-70(c)-(d)

A prospective adoptive parent is permitted to pay the reasonable and actual medical fees or hospital charges for services rendered in connection with the birth of the child to be adopted if such payment is made to the physician or hospital that rendered the services or to the birth mother. The prospective adoptive parent also may give a gift or other thing of value to a birth parent provided that the total value of such gift or thing of value does not exceed $200.

In addition, the prospective adoptive parent shall be permitted to pay the reasonable living expenses of the birth parents. 'Reasonable living expenses' refer to those expenses related to activities of daily living and meeting basic needs, including, but not limited to, lodging, food, and clothing for the birth parents during the birth mother's pregnancy for no more than 120 days prior to the birth mother's expected date of delivery and for no more than 60 days after the birth of the child.

The prospective adoptive parents are permitted to pay the reasonable living expenses of the birth parents only upon prior order of the court. They may advance a maximum of $1,000 for reasonable birth parent living expenses without prior order of court when there is a demonstrated need for such payment to protect the health of the birth parents or the health of the child sought to be adopted.

The prospective adoptive parents shall be permitted to pay the reasonable fees of a birth parent's attorney in connection with the adoption proceedings if the amount of fees of the attorney is $1,000 or less. If the amount of attorney's fees of each birth parent exceeds $1,000, the attorney's fees shall be paid only after a petition seeking leave to pay those fees is filed with the court in which the adoption proceeding is filed or to be filed.

Birth Parent Expenses Not Allowed

Citation: Comp. Stat. Ch. 720, § 5/12C-70(d)(1)

The term 'reasonable living expenses' does not include expenses for lost wages, gifts, educational expenses, or other similar expenses of the birth parents.

Allowable Payments for Arranging Adoption

Citation: Comp. Stat. Ch. 720, § 5/12C-70

No person, agency, association, corporation, institution, society, or other organization except a child welfare agency shall request, receive, or accept any compensation or thing of value, directly or indirectly, for providing adoption services.

Allowable Payments for Relinquishing Child

Citation: Comp. Stat. Ch. 720, § 5/12C-70(a), (d)(4)

Compensation for placing out a child to any person or agency, association, corporation, institution, society, or other organization except a child welfare agency as defined by the Child Care Act of 1969 is prohibited.

Payment of their reasonable living expenses shall not obligate the birth parents to place the child for adoption. In the event the birth parents choose not to place the child for adoption, the adopting parents shall have no right to seek reimbursement from the birth parents or from any relative or associate of the birth parents.

Allowable Fees Charged by Department/Agency

Citation: Comp. Stat. Ch. 720, § 5/12C-70(a), (c)(1)

No person shall pay or give any compensation or thing of value, directly or indirectly, for providing adoption services, including the placing out of a child to any person or to any agency, association, corporation, institution, society, or other organization except a child welfare agency.

The provisions of this act shall not be construed to prevent the payment of salaries or other compensation by a licensed child welfare agency providing adoption services to the officers, employees, agents, contractors, or any other persons acting on behalf of the child welfare agency.

Accounting of Expenses Required by Court

Citation: Comp. Stat. Ch. 720, § 5/12C-70(d)(7); Ch. 750 § 50/14(a)-(b)

Within 14 days after the completion of all payments for reasonable living expenses of the birth parents, the adopting parents shall present a final accounting of all those expenses to the court.

Prior to the entry of the judgment for order of adoption in any case other than an adoption of a related child, each petitioner and each person, agency, association, corporation, institution, society, or organization involved in the adoption of the child except a child welfare agency shall execute an affidavit setting forth the hospital and medical costs, legal fees, counseling fees, and any other fees or expenditures paid in accordance with the Adoption Compensation Prohibition Act.

Each child welfare agency involved in the adoption of the child shall file an affidavit concerning the costs, expenses, contributions, fees, compensation, or other things of value that have been given, promised, or received, including, but not limited to, hospital and medical costs, legal fees, social services, living expenses, or any other expenses related to the adoption. The affidavit must meet the following requirements:

• If the total amount is $4,500 or more, the affidavit shall contain an itemization of expenditures.
• If the total amount is less than $4,500, the agency may file an unitemized affidavit stating that the total amount paid is less than $4,500 unless the court, in its discretion, requires the agency to file an itemized affidavit.