§ 35-46-1-9 — Profiting from adoption

(a) As used in this section, "resident" means an
individual who has a physical presence in a state with the intention of
remaining indefinitely in that state.
(b) This section does not apply if the:
(1) birth mother is not a resident of Indiana; and
(2) adoption takes place in a jurisdiction outside Indiana.
(c) Except as provided in subsection (d), a person who, with respect
to an adoption, transfers or receives any property in connection with the
waiver of parental rights, the termination of parental rights, the consent
to adoption, or the petition for adoption commits profiting from an
adoption, a Level 6 felony.
(d) This section does not apply to the transfer or receipt of:
(1) reasonable attorney's fees;
(2) hospital and medical expenses concerning childbirth and
pregnancy incurred by the adopted person's birth mother;
(3) reasonable charges and fees levied by a child placing agency
licensed under IC 31-27 or the department of child services,
including reasonable charges and fees for adoption services (as
described in section 22 of this chapter);
(4) reasonable expenses for psychological counseling relating to
adoption incurred by the adopted person's birth parents;
(5) reasonable costs of housing, utilities, and phone service for the
adopted person's birth mother during the second or third trimester
of pregnancy and not more than six (6) weeks after childbirth;
(6) reasonable costs of maternity clothing for the adopted person's
birth mother;
(7) reasonable travel expenses incurred by the adopted person's
birth mother that relate to the pregnancy or adoption;
(8) any additional itemized necessary living expenses for the
adopted person's birth mother during the second or third trimester
of pregnancy and not more than six (6) weeks after childbirth, not
listed in subdivisions (5) through (7) in an amount not to exceed
one thousand dollars ($1,000);
(9) other charges and fees approved by the court supervising the
adoption, including reimbursement of not more than actual wages
lost as a result of the inability of the adopted person's birth mother
to work at her regular, existing employment due to a medical
condition, excluding a psychological condition, if:
(A) the attending physician of the adopted person's birth mother
has ordered or recommended that the adopted person's birth
mother discontinue her employment; and
(B) the medical condition and its direct relationship to the
pregnancy of the adopted person's birth mother are documented
by her attending physician; or
(10) reasonable charges and fees for adoption services (as
described in section 22 of this chapter) provided by an attorney
licensed to practice law in Indiana.
In determining the amount of reimbursable lost wages, if any, that are
reasonably payable to the adopted person's birth mother under
subdivision (9), the court shall offset against the reimbursable lost
wages any amounts paid to the adopted person's birth mother under
subdivisions (5) and (8) and any unemployment compensation received
by or owed to the adopted person's birth mother.
(e) Except as provided in this subsection, payments made under
subsection (d)(5) through (d)(9) may not exceed four thousand dollars
($4,000) and must be disclosed to the court supervising the adoption.
The amounts paid under subsection (d)(5) through (d)(9) may exceed
four thousand dollars ($4,000) to the extent that a court with
jurisdiction over the child who is the subject of the adoption approves
the expenses after determining that:
(1) the expenses are not being offered as an inducement to
proceed with an adoption; and
(2) failure to make the payments may seriously jeopardize the
health of either the child or the mother of the child and the direct
relationship is documented by a licensed social worker or the
attending physician.
(f) The payment limitation under subsection (e) applies to the total
amount paid under subsection (d)(5) through (d)(9) in connection with
an adoption from all prospective adoptive parents, attorneys, and
licensed child placing agencies.
(g) An attorney or licensed child placing agency shall inform a birth
mother of the penalties for committing adoption deception under
section 9.5 of this chapter before the attorney or agency transfers a
payment for adoption related expenses under subsection (d) in relation
to the birth mother.
(h) The limitations in this section apply regardless of the state or
country in which the adoption is finalized.
As added by Acts 1980, P.L.208, SEC.2. Amended by
P.L.117-1990, SEC.6; P.L.2-1992, SEC.882; P.L.81-1992, SEC.39;
P.L.1-1993, SEC.241; P.L.4-1993, SEC.326; P.L.5-1993, SEC.333;
P.L.226-1996, SEC.1; P.L.200-1999, SEC.32; P.L.130-2005, SEC.14;
P.L.145-2006, SEC.371; P.L.146-2007, SEC.18; P.L.146-2008,
SEC.683; P.L.158-2013, SEC.555; P.L.46-2016, SEC.20;
P.L.113-2017, SEC.15; P.L.144-2018, SEC.33.