Regulation of Private Domestic Adoption Expenses - Ohio

Birth Parent Expenses Allowed

Citation: Rev. Code § 3107.055(C)

No petitioner, agency, or attorney shall make or agree to make any disbursements in connection with the minor's permanent surrender, placement, or adoption other than for the following:

• Physician expenses incurred on behalf of the birth mother or minor in connection with prenatal care, delivery, and confinement prior to or following the minor's birth
• Hospital or other medical facility expenses incurred on behalf of the birth mother or minor in connection with the minor's birth
• Expenses charged by the attorney arranging the adoption for providing legal services in connection with the placement and adoption
• Temporary costs of routine maintenance and medical care for a minor if the person seeking to adopt the minor refuses to accept placement of the minor
• Guardian ad litem fees incurred on behalf of the minor in any court proceedings
• Foster care expenses incurred in connection with any temporary care and maintenance of the minor
• Court expenses incurred in connection with the minor's permanent surrender, placement, and adoption
• Living expenses not exceeding $3,000 for the birth mother that are incurred during pregnancy through the 60th day after the minor's birth

As used in this section, 'living expenses' means any of the following expenses incurred by a birth mother:

• Rental or mortgage payments
• Utility payments
• Payments for products or services required for the birth mother's or minor's sustenance or safety including, but not limited to, food, household goods, personal care items, and the costs of transportation to work or school

Birth Parent Expenses Not Allowed

Citation: Rev. Code § 3107.055(D)

Any expense not expressly permitted by the statute or any expense that the court finds unreasonable will be disallowed.

Allowable Payments for Arranging Adoption

Citation: Rev. Code § 3107.055(C)

No person, agency, or attorney shall make any disbursements in connection with the surrender, placement, or adoption other than those specified by law.

Allowable Payments for Relinquishing Child

Citation: Rev. Code § 3107.055(C)

No person shall make any disbursements in connection with the surrender of a child other than those specified by law.

Allowable Fees Charged by Department/Agency

Citation: Rev. Code § 3107.055(C)

Expenses charged by the agency arranging the adoption for providing services in connection with the permanent surrender and adoption, including the agency's application fee and the expenses incurred by the agency pursuant to the home study, compiling the social and medical histories of the birth parents, prospective adoptive home visits, and the prefinalization assessment of the minor and petitioner are permitted.

Accounting of Expenses Required by Court

Citation: Rev. Code § 3107.055(B), (C)

The agency or attorney that arranged the minor's adoption shall file with the court a preliminary accounting estimate no later than the time the adoption petition is filed with the court. The agency or attorney that arranged the adoption also shall file a final accounting with the court before a final decree of adoption is issued.

The accounting shall specify all disbursements of anything of value the petitioner, agency, or attorney made and has agreed to make in connection with the minor's permanent surrender and adoption. The agency or attorney shall include with a preliminary accounting estimate and a final accounting a written statement signed by the petitioner that the petitioner has reviewed the accounting and attests to its accuracy.

The agency or attorney shall file the final accounting with the court no later than 10 days prior to the date scheduled for the final hearing on the adoption. The court may not issue a final decree of adoption or finalize an interlocutory order of adoption of a minor until at least 10 days after the agency or attorney files the final accounting.