Regulation of Private Domestic Adoption Expenses - New York

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Birth Parent Expenses Allowed

Citation: Soc. Serv. Law § 374(6)

The adoptive parent is permitted to make the following payments:

  • Reasonable and actual medical fees or hospital charges for services rendered in connection with the birth of the child
  • Other necessary expenses incurred by the mother in related to her pregnancy or the birth of the child
  • Reasonable and actual nursing, medical, or hospital fees for the care of the child
  • The birth mother's reasonable and actual expenses for housing, maternity clothing, clothing for the child, and transportation

Birth Parent Expenses Not Allowed

Citation: Soc. Serv. Law § 374(6)

Payment of living expenses shall not extend for 60 days prior to the birth and 30 days after the birth unless the court determines that there are exceptional circumstances.

Allowable Payments for Arranging Adoption

Citation: Soc. Serv. Law § 374(6); Dom. Rel. Law § 116(3)(d)

No person may pay or give to any person or to any agency, association, corporation, institution, society, or organization except an authorized agency any compensation or thing of value in connection with the adoption of a child or for assisting a parent, relative, or guardian of a child in arranging for the placement of the child for the purpose of adoption.

In a private placement adoption, the investigation and report shall include the compensation paid or agreed upon with respect to the placement of the child for adoption.

Allowable Payments for Relinquishing Child

Citation: Soc. Serv. Law § 374(6)

No agency, association, corporation, institution, society, or organization except an authorized agency and no person may or shall request, accept, or receive any compensation or thing of value, directly or indirectly, in connection with the placing of a child or for assisting a parent, relative, or guardian of a child in arranging for the placement of the child for adoption.

Allowable Fees Charged by Department/Agency

Citation: Soc. Serv. Law § 374(6)

An authorized agency may charge or accept a fee or other compensation from a person with whom it has placed a child for the reasonable and necessary expenses of such placement.

The adoptive parent also may pay reasonable and actual legal fees charged for consultation and legal advice, preparation of papers and representation, and other legal services rendered in connection with an adoption proceeding or of necessary disbursements incurred for or in an adoption proceeding.

Accounting of Expenses Required by Court

Citation: Dom. Rel. § 115(8)

In a private placement adoption, the adoptive parents shall present an affidavit describing all fees, compensation, and other remunerations paid by them on account of or incidental to the birth or care of the adoptive child, the pregnancy or care of the adoptive child's mother, the placement or adoption of the child, and assistance in arrangements for such placement or adoption.

The attorney representing the adoptive parents shall also present an affidavit describing all fees, compensation, and other remuneration received by him or her on account of or incidental to the placement or adoption of the child or assistance in arrangements for such placement or adoption.