Regulation of Private Domestic Adoption Expenses - Oregon

Date: May 2022

Birth Parent Expenses Allowed

Citation: Rev. Stat. § 109.281(1)

The only allowable expenses are the legal, medical, living, and travel expenses that are included in the written disclosure statement.

Birth Parent Expenses Not Allowed

Citation: Rev. Stat. § 109.281

No charges, except those reported in the disclosure statement, may be paid.

Allowable Payments for Arranging Adoption

Citation: Rev. Stat. § 109.281(3)

A person may not charge, accept, pay, or offer to charge, accept, or pay a fee for locating a minor child for adoption or for locating another person to adopt a minor child.

Allowable Payments for Relinquishing Child

This issue is not addressed in the statutes reviewed.

Allowable Fees Charged by Department/Agency

Citation: Rev. Stat. §§ 109.276(9); 109.281(3); Admin. Rules R. 413-140-0035; 0047

The Department of Human Services may charge the petitioner a fee for investigating a proposed nonagency adoption and preparing the home study and placement report. The petitioner shall report the fee amount to the court. The court granting the adoption shall determine whether the fee is necessary and reasonable. Any fee charged may not exceed reasonable costs for the investigation, home study, and placement report preparation.

The department shall prescribe by rule the procedure for computing the investigation, home study, and placement report preparation fee. The rules shall provide a waiver of either part or all of the fee based upon the petitioner's ability to pay.

Oregon-licensed adoption agencies may charge reasonable fees for services they provide.

In regulation: Any fees charged to a petitioner by an Oregon-licensed adoption agency must be based on reasonable costs and the actual expenses incurred by the adoption agency from completing the required services.

Unless the fee is waived, the assignment and completion of a placement report for an independent adoption may be charged at a maximum rate of $800 per report. The department may, upon petitioner's request, consider waiving all or a portion of the fee. Fee-waiver eligibility is calculated using the size of the household in correlation to Federal poverty guidelines.

Accounting of Expenses Required by Court

Citation: Rev. Stat. § 109.281(1)

Each adoption petition shall be accompanied by a written disclosure statement containing an itemized accounting of all money paid or estimated to be paid by the petitioner for fees, costs, and expenses related to the adoption, including all legal, medical, living, and travel expenses. The form of the disclosure statement shall be prescribed by the department after consultation with approved Oregon licensed adoption agencies.