Prohibited payments

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    (a)    Except as otherwise provided by law, a person may not charge or receive, from or for a parent or prospective adoptive parent, any compensation for a service in connection with:

        (1)    placement of an individual to live with a preadoptive family; or

        (2)    an agreement for custody in contemplation of adoption.

    (b)    (1)    In this subsection, “Administration” means the Social Services Administration of the Department.

        (2)    This section does not:

            (i)    prohibit payment, by an interested person, of:

                1.    a customary and reasonable charge or fee for adoption counseling, hospital, legal, or medical services;

                2.    reasonable expenses for transportation for medical care associated with the pregnancy or birth of the child;

                3.    reasonable expenses for food, clothing, and shelter for a birth mother if, on written advice of a physician, the birth mother is unable to work or otherwise support herself because of medical reasons associated with the pregnancy or birth of the child; or

                4.    reasonable expenses associated with any required court appearance relating to the adoption, including transportation, food, and lodging expenses; or

            (ii)    prevent the Administration, or a person that the Administration licenses or supervises, from receiving and accepting reasonable reimbursement for costs of an adoptive service in connection with adoption, if:

                1.    the reimbursement is in accordance with standards set by regulation of the Administration; and

                2.    the ability to provide this reimbursement does not affect:

                A.    the acceptability of any individual for adoptive services; or

                B.    the choice of the most suitable prospective adoptive parent.

    (c)    Each State’s Attorney shall enforce this section.

    (d)    A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 3 months or both, for each offense.


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