§ 5-3A-45. Prohibited payments

   (a) Prohibited act. -- 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) Construction of section. --

   (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) Duty of State's Attorney. -- Each State's Attorney shall enforce this section.

(d) Penalties. -- 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.

HISTORY: 2005, ch. 464, § 3; 2013, ch. 619.