Regulation of Private Domestic Adoption Expenses - Puerto Rico

Date: May 2022

Birth Parent Expenses Allowed

Citation: Ann. Laws Tit. 8, § 1082a

An adoption agreement establishes who shall be responsible for paying any pregnancy-related expenses authorized under this chapter, which shall be understood to be medical, hospital, and nursing expenses; medication expenses; and lodging or traveling expenses if necessary during pregnancy and up to 6 weeks after the birth. These expenses may include any psychological or psychiatric counseling the birth mother may require as a result of placing their newborn for adoption, as well as any others, provided that they are not unlawful, immoral, or contrary to public order.

Birth Parent Expenses Not Allowed

Citation: Ann. Laws Tit. 8, §§ 1082a; 1082c

This responsibility pregnancy-related expenses shall only apply to expenses not covered by the health insurance plan of the birth mother, whether it is a private plan or provided by the Government of Puerto Rico.

The birth mother shall be under the obligation to reimburse any expenses incurred by the adoptive party under the agreement if they exercises their right to revoke their consent. In such cases neither the Department of the Family nor the adoption agency shall be responsible for restituting such expenses.

An adoption agreement shall be void if it is subject to the payment of any compensation, whether in cash or in kind, other than the expenses agreed on by the parties in accordance with the provisions of this chapter.

Allowable Payments for Arranging Adoption

Citation: Ann. Laws Tit. 33, § 4764

Any person who offers or gives money in exchange for the surrender of a child for adoption in violation of the law that regulates the procedure, shall incur a fourth-degree felony.

Allowable Payments for Relinquishing Child

Citation: Ann. Laws Tit. 33, § 4764

Any person who, for profit, receives money or other goods in exchange for the surrender of a minor for adoption in violation of the law that regulates the procedure, shall incur a fourth-degree felony.

Allowable Fees Charged by Department/Agency

Citation: Ann. Laws Tit. 8, § 1086d

The department or any licensed private adoption agency duly shall file a report on the home study with the court for the adjudication of any petition for the adoption of a minor.

If, at the request of the petitioners, the court appoints a professional who qualifies as an expert and holds a license in the fields of social work, psychiatry, or psychology to render the report on the appropriate home study, it may determine the fee to be paid by the petitioners, always bearing in mind the best interests and welfare of the adoptee.

If the petitioner is a person or a couple residing in any State of the United States and wishes to be considered as a suitable resource for the placement of a minor for adoption, they shall be responsible for obtaining a home study to ascertain their suitability to adopt. Furthermore, the social worker who prepares the study shall appear before the court to testify, show their expert knowledge in adoption matters, and support their recommendations and conclusions. The adoptive party shall be responsible for defraying the costs and fees related to the preparation of the home study and the appearance before the court of the social worker who rendered the service.

Accounting of Expenses Required by Court

Citation: Ann. Laws Tit. 8, § 1086a

The adoptive placement agreement executed between the adoptive party and the official authorized by the department shall be attached to the adoption petition.