Regulation of Private Domestic Adoption Expenses - North Dakota

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Birth Parent Expenses Allowed

Citation: Cent. Code §§ 14-15-10; 14-15.1-06

The report to the court must show any expenses incurred in connection with the following:

  • Medical expenses relating to prenatal care and the birth of the child that are not already covered by health insurance
  • Expenses for transportation, meals, and lodging incurred for placement of the child or in order to receive counseling, legal, or medical services related to the pregnancy, birth, or placement
  • Living expenses of the birth mother that are needed to maintain an adequate standard of living that the birth mother is unable to otherwise maintain because of loss of income or other support resulting from the pregnancy

Birth Parent Expenses Not Allowed

Citation: Cent. Code §§ 14-15-10; 14-15.1-06

Payments may cover expenses incurred during the pregnancy-related incapacity but not for a period longer than 6 weeks following the delivery, unless the court determines within the 6-week period that the birth mother is unable to be employed due to physical limitations relating to the birth of the child.

Living expenses do not include expenses for lost wages, gifts, education, vacations, or other similar expenses of a birth mother.

Allowable Payments for Arranging Adoption

Citation: Cent. Code § 12.1-31-05

It is unlawful for a person to knowingly offer, give, or agree to give to another a thing of value as consideration for the recipient's furnishing or aiding another to furnish a minor child for the purposes of adoption.

Allowable Payments for Relinquishing Child

Citation: Cent. Code §§ 12.1-31-05; 14-15-10

It is unlawful for a person to knowingly solicit, accept, or agree to accept from another a thing of value as consideration for the recipient's furnishing or aiding another to furnish a minor child for the purposes of adoption.

Fees may not be contingent upon placement of the child for adoption, consent to adoption, or cooperation in the completion of adoption.

Allowable Fees Charged by Department/Agency

Citation: Cent. Code § 14-15.1-06

Reasonable fees may be charged for professional services. 'Reasonable fees' may include the following:

  • Preplacement counseling, adoption assessment, placement of the child, foster care, or other preadoption services that must be paid directly to the provider of the services
  • Legal fees relating to the petition for relinquishment or adoption that must be paid directly to the provider of the services

Accounting of Expenses Required by Court

Citation: Cent. Code § 14-15-10

The petitioner in any proceeding for the adoption of a minor shall file, before the petition is heard, a full accounting report in a manner acceptable to the court of all disbursements of anything of value made or agreed to be made by or on behalf of the petitioner in connection with the adoption.