Regulation of Private Domestic Adoption Expenses - Nevada

Birth Parent Expenses Allowed

Citation: Rev. Stat. § 127.287(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 as 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.

Birth Parent Expenses Not Allowed

This issue is not addressed in the statutes reviewed.

Allowable Payments for Arranging Adoption

Citation: Rev. Stat. §§ 127.285; 127.290

An attorney may not receive payment for finding children for adoption or finding adoptive parents but may receive reasonable compensation for any legal services provided.

No person who does not have a license to operate a child-placing agency may request or accept, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of any child for adoption or permanent free care. A licensed child-placing agency may accept fees for operational expenses.

Allowable Payments for Relinquishing Child

Citation: Rev. Stat. § 127.287

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.

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.

Allowable Fees Charged by Department/Agency

Citation: Rev. Stat. § 127.275; Admin. Code § 127.190

An agency that provides child welfare services may charge reasonable fees for the services provided in placing any child for adoption and for conducting any required investigation.

A fee must not be charged for services related to the adoption of a child with special needs. An agency may waive or reduce any fee if the agency determines that the adoptive parents are not able to pay the fee or the needs of the child require a waiver or reduction of the fee.

In regulation: Any fees charged by a child-placing agency for the placement of a child for adoption must be imposed pursuant to a sliding schedule of fees established by the agency that implements the following:

• Sets forth a minimum and maximum fee
• Provides for a gradual reduction in the fee based on the financial resources of adoptive parents

An agency may waive any part or all its fees in appropriate cases.

An agency shall not accept any compensation for the placement of a child for adoption that exceeds its average expenses for those services. The maximum fee a particular agency may charge must be set by the agency. The agency may consider the following expenses when it sets its maximum fee:

• Investigation of prospective adoptive homes
• Medical care of the birth mother
• Financial support of the birth mother before and for a reasonable time after the birth of the child
• Medical and other care of children awaiting adoption
• Legal services relating to the termination of the birth parent's parental rights
• Counseling of birth parents, adoptive parents, and children awaiting adoption
• Administrative costs and any other relevant expenses

Accounting of Expenses Required by Court

Citation: Rev. Stat. § 127.127

The petitioners shall file with the court, within 15 days of filing the adoption petition or 5 months after the child begins to live in the home, whichever is later, an affidavit listing all fees, donations, and expenses paid by them in connection with the adoption.