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How Much Can a Birth Mother Be Paid for an Adoption?

December 5, 2011 //  by Sam McLure

The answer to this question depends largely on what state you’re in.  Some states have very liberal laws on paying birth mothers (I’ve heard that Utah and Nevada are pretty lax), while other states like Alabama and Georgia are fairly restrictive.  Overall, I think it is good public policy to strictly regulate payment to birth mothers.  Think of a world where a woman would get pregnant for the sole purpose of offering up her child to the highest bidder.  Similar to the regulation of selling body parts, there are some things we just don’t want the free market governing.

The statutes governing this area of law in Alabama are 26-10A-23 and 26-10A-34 of the Alabama Code, 1975.[1]  The gist of these sections is that it is okay to pay certain expenses as long as there is prior court approval.  These expenses include the “maternity-connected medical or hospital and necessary living expenses of the mother preceding and during pregnancy-related incapacity as an act of charity, as long as the payment is not contingent upon placement of the minor for adoption, consent to the adoption, or cooperation in the completion of the adoption.”[2]

What this means is that it is not okay to pay a birth mother $10,000 in exchange for her child.

The process for applying this law in Alabama may look different for different counties.  In addition, other states will have varying degrees of flexibility.  Feel free to contact The Adoption Law Firm for guidance on specific cases.

From a wisdom perspective, I’m not sure it’s ever a good idea to simply hand over cash to someone in need.  There is a book out, When Helping Hurts, that is all the rave with social justice people; I hope to read this in the near future and gain some wisdom on questions like this.

Photo by stevendepolo.


[1] “§ 26-10A-23. Fees and charges

(a) No person, organization, group, agency, or any legal entity may accept any fee whatsoever for bringing the adopting parent or parents together with the adoptee or the natural parents. A violation of this section shall be punished under Section 26-10A-33.

(b) Prior to payment, the petitioners must file with the court a full accounting of all charges for expenses, fees, or services they or persons acting on their behalf will be paying relating to the adoption. Payment may be made only with court approval except that fees may be placed in an escrow account prior to court approval. The court may not refuse to approve a fee for documented services on the sole basis that a child has not been placed. The court shall approve all reasonable fees and expenses unless determined by the court to be unreasonable based upon specific written findings of fact.

(c) The petitioner must file a sworn statement that is a full accounting of all disbursements paid in the adoption.

(d) Under penalty of perjury, the adoptive parents and the parent or parents surrendering the minor for adoption shall, prior to the entry of the final adoption order, sign affidavits stating that no moneys or other things of value have been paid or received for giving the minor up for adoption. In addition to any penalties for perjury, the payment or receipt of money as referred to herein shall be punished as set forth in Section 26-10A-33.”

“§ 26-10A-34. Payments to parent for placing minor for adoption; maternity expenses; receipt of financial benefits by father

(a) It shall be a Class A misdemeanor for any person or agency to offer to pay money or anything of value to a parent for the placement for adoption, for the consent to an adoption, or for cooperation in the completion of an adoption of his or her minor. It shall be a Class C felony for any person or agency to pay money or anything of value to a parent for the placement of a child for adoption, for the consent to an adoption, or for cooperation in the completion of an adoption of his or her minor. This section does not make it unlawful to pay the maternity-connected medical or hospital and necessary living expenses of the mother preceding and during pregnancy-related incapacity as an act of charity, as long as the payment is not contingent upon placement of the minor for adoption, consent to the adoption, or cooperation in the completion of the adoption.

(b) It shall be a Class C felony for any person or agency to receive any money or other thing of value for placing, assisting, or arranging a minor placement. This section is not intended to prohibit legitimate charges for medical, legal, prenatal, or other professional services.

(c) Surrogate motherhood is not intended to be covered by this section.” (emphasis added)

[2] 26-10A-34(a) Ala. Code 1975.

Previous Post: « Leading by Example: David Platt of Brook Hills With New Daughter from China
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Reader Interactions

Comments

  1. Trudy brown

    April 8, 2016 at 12:54 am

    Seeking some one to adopt my baby I an 17 weeks pregnant

    • stacey

      April 20, 2016 at 3:29 pm

      Seeking Someone to adopt my baby 7 months preg

      • Darin Cox

        January 18, 2017 at 4:28 pm

        Get everything they promise in writing and ask many questions! Don’t assume anything!

  2. 18 weeks I have birthed 3 beautiful girls I'm unable to support myself or this child. Seeking a loving family

    April 25, 2016 at 7:26 pm

    I can be contacted at above email

  3. em em

    August 21, 2016 at 5:21 am

    please help me.im 7months pregnant, im looking for a loving couple who takes care of my baby. contact me 09122357275

  4. sara duvall

    August 22, 2016 at 2:23 pm

    How much can I get for my baby

  5. Heather

    February 1, 2017 at 1:34 am

    Seeking guidance on which path I should choose for me and my unborn child. What are my options on both open and closed adoptions? What is your advice for someone like me? I am a 30 year old unmarried woman, I have a five year old daughter who lives with my mother. We are in the middle of going through the adoption process and it has been a very traumatic experience for me. I am not working at this time and am supposed to start school soon. I am barely able to get by on my own, I want nothing g more to make the best decision possible at this time for my child. I am 3 to 4 months pregnant?? I have Dr apt next week and will find out all the details. I am very interested since financial needs need to be met and are very important. For a newborn. Since I am financially struggling , I was wondering if I can get help by agencies or the family towards school/medical /living if needed ? Thank you so much for your time. Please get back to me with info I need. I am glad I still have a lot of time to go over my options! Details and honesty are very important to me!! Hope to hear from you soon!!

  6. Annie

    May 4, 2017 at 9:12 pm

    8 months pregnant looking for a couple to adopt!!! I have four other children and can’t financially take on this one….

    • Haylea veyon

      May 28, 2017 at 10:38 pm

      Send me an email veyonhaylea@gmail.com

  7. Shana

    May 20, 2017 at 3:41 pm

    I was thinking about letting go but like I tell one of my children, don’t worry so much for the animals God takes care of every beating heart. It hurts for a reason like it or not. My son got hit by a car for not listening to me. God felt he should live again, dead in my arms I yelled your not done yet. He wakes up . Now I’m 8 weeks pregnant and this FORTH baby daddy Left US too. I don’t know what to do but I believe God will take care of us six beating hearts.

  8. Nakita D Layton

    July 1, 2017 at 7:45 pm

    5 months pregnant with 7th baby really can’t afford a new baby or afford space for it to live comfortable.

    • Karyn

      July 5, 2017 at 8:56 am

      Are you looking for a couple to adopt your baby?

      • Anonymous

        July 5, 2017 at 2:07 pm

        Please contact me at areyoutheones50@yahoo.com
        I am seeking a couple to adopt.
        Awaiting your response.
        Sincerely.

  9. Evette

    August 6, 2017 at 8:57 pm

    Looking for a private adoption due in January with biracial girl.ty..god..bless

    • Shelby

      November 19, 2017 at 11:02 am

      did you already find a family? Mrsquintero@gmail.com

  10. cece

    August 12, 2017 at 11:41 am

    I have 4kids already, single mother
    I am 8months pregnant with a mixed race baby boy.
    I am seriously looking for parents to adopt.
    Email wink500@yahoo.com

    • Outofsiteoutofmind

      December 13, 2017 at 10:59 pm

      Heart to heart adoptions

  11. Kristy

    August 16, 2017 at 2:10 pm

    I am 19 weeks pregnant and in Kentucky looking for a loving family for my child email jjsmom139@gmail.com

  12. Will

    September 25, 2017 at 8:36 pm

    My name is Lamont and me and my fiance were seriously considering a wealthy family looking to adopt newborn baby due in May you can email me back at elliswilliam964@gmail.com

  13. Paula Harris

    March 6, 2018 at 9:16 pm

    8 months pregnant looking for someone to adopt baby boy.

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