HLS 18RS-745 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 643
BY REPRESENTATIVES EDMONDS AND FOIL
(On Recommendation of the Louisiana State Law Institute)
ADOPTION: Provides for the regulation of the adoption of children
1 AN ACT
2To amend and reenact Children's Code Articles 1131(A), 1200, 1201, 1223, and 1223.1 and
3 R.S. 14:286, relative to adoption; to provide for the adoption of children; to provide
4 for the crime of the sale of minor children; to provide for the filing of adoption fees
5 and charges; to provide for the reimbursement of expenses; to provide a limit on
6 living expenses; to provide a cause of action for prospective adoptive parents; to
7 provide for the inclusion of expenses and receipts with the adoption disclosure
8 affidavit; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. Children's Code Articles 1131(A), 1200, 1201, 1223, and 1223.1 are
11hereby amended and reenacted to read as follows:
12 Art. 1131. Filing of surrender; institution of records check
13 A. Within three days after the surrender becomes irrevocable under Article
14 1123, exclusive of legal holidays, the agency or attorney for the prospective adoptive
15 parents shall file the authentic act of voluntary surrender, together with a preliminary
16 estimate and accounting of fees and charges in accordance with Article 1201 or
17 1223.1 and any certification for adoption or court order approving the adoptive
18 placement required by Chapter 2 of Title XII in a court of proper venue as authorized
19 by Article 1180.
20 * * *
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1 Art. 1200. Fee disclosure; permissible reimbursement of expenses; court review;
2 report
3 A. The petitioner shall file with the petition a preliminary current estimate
4 and accounting of fees and charges in accordance with Article 1201. The petitioner
5 also shall file a final Adoption Disclosure Affidavit adoption disclosure affidavit
6 with the court not later than ten days prior to the date scheduled for the final hearing
7 on the adoption.
8 B. Payments made by or on behalf of the adoptive parents or their
9 representative to the department or to a child-placing agency or its agent or any
10 broker for reimbursement of the following expenses Only the following payments
11 made through the Department of Children and Family Services, a licensed adoption
12 agency, or an adoption attorney are permissible and not a violation of R.S. 14:286:
13 (1) Reasonable Actual medical expenses, including hospital, testing, nursing,
14 pharmaceutical, travel, or other similar expenses, incurred by the biological mother
15 for prenatal care and those medical expenses incurred by the biological mother and
16 child incident to birth.
17 (2) Reasonable Actual medical expenses, including hospital, testing, nursing,
18 pharmaceutical, travel, or other similar expenses, and foster care expenses incurred
19 on behalf of the child prior to the decree of adoption.
20 (3) Reasonable Actual expenses incurred by the department or the agency
21 for adjustment counseling and training services provided to the adoptive parents and
22 for home studies or investigations.
23 (4) Reasonable Actual and reasonable administrative expenses incurred by
24 the department or the agency, including overhead, court costs, travel costs, and
25 attorney fees connected with an adoption. In approving a reasonable fee for
26 overhead, the court shall consider and include additional expenses incurred by the
27 department or the agency not specifically allocated to the adoption before the court
28 including the cost of failed adoptions, where those expenses or fees represent actual
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1 costs of the department's or agency's adoption services permitted by the provisions
2 of this Article.
3 (5) Reasonable Actual expenses incurred for mental health counseling
4 services provided to a biological parent or a child for a reasonable time before and
5 after the child's placement for adoption.
6 (6) Reasonable Actual expenses incurred in ascertaining the information
7 required by Articles 1124 and 1125.
8 (7) Reasonable Actual and reasonable living expenses incurred by a mother
9 needed to maintain an adequate standard of living that the mother is unable to
10 maintain otherwise due to lost wages for a period when she is unable to work.
11 (a) Living expenses in accordance with this Subparagraph may be paid for
12 a reasonable time before the birth of her child and for no more than forty-five days
13 after the birth and may include the following:
14 (i) Temporary housing expenses, such as rent or mortgage payments.
15 (ii) Utilities, such as electricity, gas, water, or telephone.
16 (iii) Food for the mother and any minor children residing in her home.
17 (iv) Transportation costs related to the pregnancy or adoption.
18 (v) Maternity clothing for the mother.
19 (b) Actual living expenses shall not include vehicles, salary or wages,
20 recreation or leisure activities, permanent housing, gifts, or other payments for the
21 monetary gain of the mother.
22 (c) The total payment of living expenses shall not exceed seven thousand
23 five hundred dollars, except as otherwise specifically authorized in accordance with
24 Subparagraph (9) of this Paragraph.
25 (8) Reasonable Actual and reasonable attorney fees, court costs, travel, or
26 other expenses incurred on behalf of a parent who surrenders a child for adoption or
27 otherwise consents to the child's adoption.
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1 (9) Any other specific service or fee additional expense authorized by order
2 of the court finds prior to payment upon a specific finding that the expense is
3 reasonable and necessary.
4 C. The payment of expenses permitted by Paragraph B of this Article may
5 not be made contingent on the placement of a child for adoption, relinquishment of
6 the child, or consent to the adoption, and the prospective adoptive parent shall have
7 no right to seek reimbursement of any payments solely on the basis of the mother's
8 decision not to place the child for adoption. However, the prospective adoptive
9 parent may seek reimbursement of payments made pursuant to Paragraph B of this
10 Article from a mother or any other person, agency, or attorney who accepts such
11 payments if the person accepting payment knows that the mother on whose behalf
12 payment is accepted is not pregnant at the time of the receipt of payments or that the
13 mother is accepting payments concurrently from more than one prospective adoptive
14 parent without the knowledge of the prospective adoptive parent who is seeking
15 reimbursement.
16 D. Adoptive parents shall pay to the department any of the expenses listed
17 in Paragraph B of this Article which may be imposed by the department. Such
18 payments shall be imposed solely at the discretion of the department. The department
19 shall not include payment of the expenses listed in Paragraph B of this Article as a
20 requirement for adoption.
21 E. If a court determines from an accounting that an amount that is going to
22 be or has been disbursed for expenses permitted by listed in Paragraph B of this
23 Article is unreasonable, it may order a reduction in the amount to be disbursed and
24 order the person who received the disbursement to refund that portion.
25 F. If a court determines from an accounting that an amount is going to be or
26 has been disbursed for expenses not permitted by Paragraph B of this Article, it may:
27 (1) Issue an injunction prohibiting the disbursement or order the person who
28 received the disbursement to refund it.
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1 (2) Refer the case to the district attorney for the consideration of criminal
2 charges pursuant to R.S. 14:286.
3 (3) Refuse to approve the adoption, if in the best interest of the child.
4 G. The court shall not issue a final decree of adoption until it has reviewed
5 and approved the final accounting.
6 H. A copy of the Adoption Disclosure Affidavit adoption disclosure affidavit
7 and all orders of the court pursuant to this Article shall be mailed to the office of
8 children and family services, Louisiana Department of Children and Family Services.
9 Comments - 2018
10 (a) The payment of expenses is intentionally limited by this Article to
11 regulate the expense of adoption and curtail the potential for abuse. In the event of
12 extraordinary circumstances that may justify reasonable and necessary expenses not
13 otherwise specifically authorized or excluded by this Article, Subparagraph (B)(9)
14 allows the court to authorize the payment of such expenses. For example,
15 extraordinary circumstances may include hurricanes or severe flooding that impact
16 the needs of the mother or raise the cost of housing beyond the statutory limit.
17 (b) Paragraph C of this Article is not intended to limit a prospective adoptive
18 parent's cause of action for damages against an adoption agency or attorney for
19 breach of contract, fraud, or other alleged misconduct in connection with an
20 adoption. Rather, it addresses the prospective adoptive parents' right to
21 reimbursement of expenses, which is permitted only in cases in which the mother is
22 not pregnant or in which duplicative expenses are collected from multiple
23 prospective adoptive parents. Reimbursement is not permitted when a mother has
24 exercised her right not to place her child for adoption.
25 Art. 1201. Adoption disclosure affidavit of fees and charges; form
26 A. Each petition for an agency adoption shall be accompanied by an affidavit
27 executed by the petitioner and petitioner's attorney containing an accounting of all
28 fees and charges paid or agreed to be paid by or on behalf of the petitioner in
29 connection with the adoption. The affidavit shall include the date and amount of
30 each payment made, the name and address of the recipient, and the purpose of each
31 payment. Receipts for each expense shall be attached to the affidavit.
32 B. The affidavit shall not include any identifying information as to the
33 biological parents, their families, or the child's birth name.
34 C. The form for the affidavit shall be as follows:
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1 "ADOPTION DISCLOSURE AFFIDAVIT
2 BEFORE ME, the undersigned authority, personally came and appeared
3 __________ (petitioner) and _________ (attorney for petitioner), who being first
4 duly sworn, did depose and state:
5 In the matter of the adoption by ________ (petitioner's name):
6 1. We report the following fees and charges or other things of value given
7 in connection with this adoption:
8 Actual EstimatedDue or paid to
9 $ $
10 Itemization of Expenses Recipient Purpose Estimate Actual Date Paid
11 A. Agency administrative expenses:
12 1. Attorney fees
13 2. Court costs
14 3. Travel costs
15 4. Overhead
16 5. Other (Specify)
17 B. Agency Mental Health Counseling counseling expenses:
18 1. Counseling for adopting parents
19 2. Home study evaluations
20 3. Counseling for biological parents
21 4. Counseling for the child
22 5. Statement of Family History information
23 6. Other (Specify)
24 C. Medical expenses for biological mother:
25 1. Medical
26 2. Travel
27 3. Other (Specify)
28 D. Medical/foster care expenses for child:
29 1. Medical
30 2. Travel
31 3. Other (Specify)
32 E. Living expenses of the biological mother:
33 1. Room and board Housing
34 2. Other (Specify) Utilities
35 (a) Electricity
36 (b) Gas
37 (c) Water
38 (d) Telephone
39 3. Food
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1 4. Transportation
2 5. Maternity clothing
3 F. Other expenses (Specify):
4 Actual Estimated
5 total total
6 $ $
7 Total Estimated Total Paid
8 2. We certify that no other fees, charges, or things of value other than court
9 costs have been given or shall be given by anyone in connection with this adoption.
10 3. We declare that this disclosure statement has been examined by each of
11 us and that its contents are true to the best of our information, knowledge, and belief.
12 4. We understand that each of us has a continuing obligation to supplement
13 and amend this affidavit as necessary.
14 5. We understand that this information will be transmitted to the office of
15 children and family services, Louisiana Department of Children and Family Services.
16 We further understand that it may be released by written authorization of the court
17 for purposes of a grand jury investigation pursuant to R.S. 14:286 or for an ethical
18 investigation by the Committee on Professional Responsibility of the Louisiana State
19 Bar Association. We further certify that we understand that in accordance with R.S.
20 14:286, making a false statement in any adoption disclosure affidavit with the intent
21 to deceive and with knowledge that the statement is false is punishable by a fine not
22 to exceed fifty thousand dollars or imprisonment with or without hard labor for more
23 than ten years, or both.
24 _____________________ _________________________
25 Signature of Petitioner Signature of Attorney
26 ______________________ _________________________
27 Address Address
28 SWORN TO AND SUBSCRIBED BEFORE ME ON THIS _____ DAY OF
29 ______, ___.
30 __________________________
31 (NOTARY PUBLIC)"
32 D. The adoption disclosure affidavit shall not be included as an exhibit for
33 service with a copy of the petition under Article 1202.
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1 E. Confidentiality of the information contained in the adoption disclosure
2 affidavit shall be maintained as provided in Chapter 5 of this Title, and shall be
3 released only in accordance with this Article or on written authorization of the court
4 for the purposes of a grand jury investigation of a violation of R.S. 14:286 or an
5 ethical investigation by the Committee on Professional Responsibility of the
6 Louisiana State Bar Association.
7 * * *
8 Art. 1223. Fee disclosure; permissible reimbursement of expenses; court review;
9 report
10 A. The petitioner shall file with the petition a preliminary current estimate
11 and accounting of fees and charges in accordance with Article 1201 1223.1. The
12 petitioner also shall file a final Adoption Disclosure Affidavit adoption disclosure
13 affidavit with the court not later than ten days prior to the date scheduled for the final
14 hearing on the adoption.
15 B. Payments made by or on behalf of the adoptive parents or their
16 representative to a biological parent or his agent or representative or to an attorney,
17 broker, or other intermediary for reimbursement of the following expenses Only the
18 following payments made through the Department of Children and Family Services,
19 a licensed adoption agency, or an adoption attorney are permissible and not a
20 violation of R.S. 14:286:
21 (1) Reasonable Actual medical expenses, including hospital, testing, nursing,
22 pharmaceutical, travel, or other similar expenses, incurred by the biological mother
23 for prenatal care and those medical expenses incurred by the biological mother and
24 child incident to birth.
25 (2) Reasonable Actual medical expenses, including hospital, testing, nursing,
26 pharmaceutical, travel, or other similar expenses, and foster care expenses incurred
27 on behalf of the child prior to the decree of adoption.
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1 (3) Reasonable Actual expenses incurred for adjustment counseling and
2 training services provided to the adoptive parents and for home studies or
3 investigations.
4 (4) Reasonable Actual and reasonable court costs, travel costs, and attorney
5 fees incurred by the adoptive parents for their own representation in this adoption.
6 (5) Reasonable Actual expenses incurred for mental health counseling
7 services provided to a biological parent or a child for a reasonable time before and
8 after the child's placement for adoption.
9 (6) Reasonable Actual expenses incurred in ascertaining the information
10 required by Articles 1124 and 1125.
11 (7) Reasonable Actual and reasonable living expenses incurred by a mother
12 needed to maintain an adequate standard of living that the mother is unable to
13 maintain otherwise due to lost wages for a period when she is unable to work.
14 (a) Living expenses in accordance with this Subparagraph may be paid for
15 a reasonable time before the birth of her child and for no more than forty-five days
16 after the birth and may include the following:
17 (i) Temporary housing expenses, such as rent or mortgage payments.
18 (ii) Utilities, such as electricity, gas, water, or telephone.
19 (iii) Food for the mother and any minor children residing in her home.
20 (iv) Transportation costs related to the pregnancy or adoption.
21 (v) Maternity clothing for the mother.
22 (b) Actual living expenses shall not include vehicles, salary or wages,
23 recreation or leisure activities, permanent housing, or other payments for the
24 monetary gain of the mother.
25 (c) The total payment of living expenses shall not exceed seven thousand
26 five hundred dollars, except as otherwise specifically authorized in accordance with
27 Subparagraph (9) of this Paragraph.
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1 (8) Reasonable Actual and reasonable attorney fees, court costs, travel, or
2 other expenses incurred on behalf of a parent who surrenders a child for adoption or
3 otherwise consents to the child's adoption.
4 (9) Any other specific service or fee additional expense authorized by order
5 of the court finds prior to payment upon a specific finding that the expense is
6 reasonable and necessary.
7 C. The payment of expenses permitted by Paragraph B of this Article may
8 not be made contingent on the placement of a child for adoption, relinquishment of
9 the child, or consent to the adoption, and the prospective adoptive parent shall have
10 no right to seek reimbursement of any payments solely on the basis of the mother's
11 decision not to place the child for adoption. However, the prospective adoptive
12 parent may seek reimbursement of payments made pursuant to Paragraph B of this
13 Article from a mother or any other person, agency, or attorney who accepts such
14 payments if the person accepting payment knows that the mother on whose behalf
15 payment is accepted is not pregnant at the time of the receipt of payments or that the
16 mother is accepting payments concurrently from more than one prospective adoptive
17 parent without the knowledge of the prospective adoptive parent who is seeking
18 reimbursement.
19 D. Adoptive parents shall pay to the department any of the expenses listed
20 in Paragraph B of this Article which may be imposed by the department. Such
21 payments shall be imposed solely at the discretion of the department. The department
22 shall not include payment of the expenses listed in Paragraph B of this Article as a
23 requirement for adoption.
24 E. If a court determines from an accounting that an amount that is going to
25 be or has been disbursed for expenses permitted by listed in Paragraph B of this
26 Article is unreasonable, it may order a reduction in the amount to be disbursed and
27 order the person who received the disbursement to refund that portion.
28 F. If a court determines from an accounting that an amount is going to be or
29 has been disbursed for expenses not permitted by Paragraph B of this Article, it may:
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1 (1) Issue an injunction prohibiting the disbursement or order the person who
2 received the disbursement to refund it.
3 (2) Refer the case to the district attorney for the consideration of criminal
4 charges pursuant to R.S. 14:286.
5 (3) Refuse to approve the adoption, if in the best interest of the child.
6 G. The court shall not issue a final decree of adoption until it has reviewed
7 and approved the final accounting.
8 H. A copy of the Adoption Disclosure Affidavit adoption disclosure affidavit
9 and all orders of the court pursuant to this Article shall be mailed to the office of
10 adoption services, Louisiana Department of Children and Family Services.
11 Comments - 2018
12 (a) The payment of expenses is intentionally limited by this Article to
13 regulate the expense of adoption and curtail the potential for abuse. In the event of
14 extraordinary circumstances that may justify reasonable and necessary expenses not
15 otherwise specifically authorized or excluded by this Article, Subparagraph (B)(9)
16 allows the court to authorize the payment of such expenses. For example,
17 extraordinary circumstances may include hurricanes or severe flooding that impact
18 the needs of the mother or raise the cost of housing beyond the statutory limit.
19 (b) Paragraph C of this Article is not intended to limit a prospective adoptive
20 parent's cause of action for damages against an adoption agency or attorney for
21 breach of contract, fraud, or other alleged misconduct in connection with an
22 adoption. Rather, it addresses the prospective adoptive parents' right to
23 reimbursement of expenses, which is permitted only in cases in which the mother is
24 not pregnant or in which duplicative expenses are collected from multiple
25 prospective adoptive parents. Reimbursement is not permitted when a mother has
26 exercised her right not to place her child for adoption.
27 Art. 1223.1. Adoption disclosure affidavit of fees and charges; form
28 A. Each petition for private adoption shall be accompanied by an affidavit
29 executed by petitioner and petitioner's attorney containing an accounting of all fees
30 and charges paid or agreed to be paid by or on behalf of the petitioner in connection
31 with the adoption. The affidavit shall include the date and amount of each payment
32 made, the name and address of the recipient, and the purpose of each payment.
33 Receipts for each expense shall be attached to the affidavit.
34 B. The affidavit shall not include any identifying information as to the
35 biological parents, their families, or the child's birth name.
36 C. The form for the affidavit shall be as follows:
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1 "ADOPTION DISCLOSURE AFFIDAVIT
2 BEFORE ME, the undersigned authority, personally came and appeared
3 __________ (petitioner) and _________ (attorney for petitioner), who being first
4 duly sworn, did depose and state:
5 In the matter of the adoption by ________ (petitioner's name):
6 1. We report the following fees and charges or other things of value given
7 in connection with this adoption:
8 ActualEstimatedDue or paid to
9 $ $
10 Itemization of Expenses Recipient Purpose Estimate Actual Date Paid
11 A. Legal expenses:
12 1. Attorney fees for biological parent
13 2. Attorney fees for adopting parent
14 3. Court costs
15 4. Travel costs
16 5. Other (Specify)
17 B. Mental Health Counseling expenses:
18 1. Counseling for adopting parents
19 2. Home study evaluations
20 3. Counseling for biological parents
21 4. Counseling for the child
22 5. Statement of Family History information
23 6. Other (Specify)
24 C. Medical expenses for biological mother:
25 1. Medical
26 2. Travel
27 3. Other (Specify)
28 D. Medical/foster care expenses for child:
29 1. Medical
30 2. Travel
31 3. Other (Specify)
32 E. Living expenses of the biological mother:
33 1. Room and board Housing
34 2. Other (Specify) Utilities
35 (a) Electricity
36 (b) Gas
37 (c) Water
38 (d) Telephone
39 3. Food
40 4. Transportation
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1 5. Maternity clothing
2 F. Other expenses (Specify):
3 ActualEstimatedDue or paid to
4 $ $
5 2. We certify that no other fees, charges, or things of value other than court
6 costs have been given or shall be given by anyone in connection with this adoption.
7 3. We declare that this disclosure statement has been examined by both of
8 us and that its contents are true to the best of our information, knowledge, and belief.
9 4. We understand that each of us has a continuing obligation to supplement
10 and amend this affidavit as necessary.
11 5. We understand that this information will be transmitted to the office of
12 children and family services, Louisiana Department of Children and Family Services.
13 We further understand that it may be released by written authorization of the court
14 for purposes of a grand jury investigation pursuant to R.S. 14:286 or for an ethical
15 investigation by the Committee on Professional Responsibility of the Louisiana State
16 Bar Association. We further certify that we understand that in accordance with R.S.
17 14:286, making a false statement in any adoption disclosure affidavit with the intent
18 to deceive and with knowledge that the statement is false is punishable by a fine not
19 to exceed fifty thousand dollars or imprisonment with or without hard labor for more
20 than ten years, or both.
21 __________________________ ___________________________
22 Signature of Petitioner Signature of Attorney
23 __________________________ ___________________________
24 Address Address
25 SWORN TO AND SUBSCRIBED BEFORE ME ON THIS _____ DAY OF
26 ______, ___.
27 ___________________________
28 (NOTARY PUBLIC)"
29 D. The adoption disclosure affidavit shall not be included as an exhibit for
30 service with a copy of the petition under Article 1224.
31 E. Confidentiality of the information contained in the adoption disclosure
32 affidavit shall be maintained as provided in Chapter 5 of this Title, and shall be
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1 released only in accordance with this Article or on written authorization of the court
2 for the purposes of a grand jury investigation of a violation of R.S. 14:286 or an
3 ethical investigation by the Committee on Professional Responsibility of the
4 Louisiana State Bar Association.
5 Section 2. R.S. 14:286 is hereby amended and reenacted to read as follows:
6 ยง286. Sale of minor children and other prohibited activities; penalties
7 A.(1) Except as provided by Subsection C, it It shall be unlawful for any
8 person to sell or surrender a minor child to another person for money or anything of
9 value, or to receive a minor child for such payment of money or anything of value,
10 except as specifically provided in Children's Code Articles 1200 and 1223.
11 B.(2) Except as provided in Subsection C, the payment or receipt of It shall
12 be unlawful for any person to pay or receive anything of value for the procurement,
13 attempted procurement, or assistance in the procurement of a party to an act of
14 voluntary surrender of a child for adoption is strictly prohibited except as specifically
15 provided in Children's Code Articles 1200 and 1223.
16 C.(3) Unless approved by the juvenile court pursuant to Children's Code
17 Article 1200, no It shall be unlawful for any petitioner, person acting on a petitioner's
18 behalf, agency or attorney or other intermediary shall to make or agree to make any
19 disbursements in connection with the adoptive placement, surrender, or adoption of
20 a child other than for the following: except as specifically provided in Children's
21 Code Articles 1200 and 1223.
22 (4) It shall be unlawful to make a false statement in any adoption disclosure
23 affidavit with the intent to deceive and with knowledge that the statement is false.
24 (1) Reasonable medical expenses, including hospital, testing, nursing,
25 pharmaceutical, travel, or other similar expenses, incurred by the biological mother
26 for prenatal care, and those medical and hospital expenses incurred on behalf of the
27 biological mother and child incident to birth.
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1 (2) Reasonable medical expenses, including hospital, testing, nursing,
2 pharmaceutical, travel, or other similar expenses, and foster care expenses incurred
3 on behalf of the child prior to the decree of adoption.
4 (3) Reasonable expenses incurred by the department or the agency for
5 adjustment counseling and training services provided to the adoptive parents and for
6 home studies or investigations.
7 (4) Reasonable administrative expenses incurred by the department or the
8 agency, including overhead, court costs, travel costs, and attorney fees connected
9 with an adoption. In approving a reasonable fee for overhead, the court shall consider
10 and include additional expenses incurred by the department or the agency not
11 specifically allocated to the adoption before the court, including the cost of failed
12 adoptions, where those expenses or fees represent actual costs of the department's or
13 agency's adoption services permitted by the provisions of this Article.
14 (5) Reasonable expenses incurred for counseling services provided to a
15 biological parent or a child for a reasonable time before and after the child's
16 placement for adoption.
17 (6) Reasonable expenses incurred in ascertaining the information required
18 by Children's Code Articles 1124 and 1125.
19 (7) Reasonable living expenses incurred by a mother for a reasonable time
20 before the birth of her child and for no more than forty-five days after the birth.
21 (8) Reasonable attorney fees, court costs, travel, or other expenses incurred
22 on behalf of a parent who surrenders a child for adoption or otherwise consents to
23 the child's adoption.
24 D.B.(1) It shall be unlawful for any person to enter into, induce, arrange,
25 procure, knowingly advertise for, or otherwise assist in a gestational carrier contract,
26 whether written or unwritten, that is not in compliance with the requirements
27 provided for in R.S. 9:2718 et seq.
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1 (2) No person who is a party to, or acting on behalf of the parties to a
2 gestational carrier contract shall make or agree to make any disbursements in
3 connection with the gestational carrier contract other than the following:
4 (a) Payment of actual medical expenses, including hospital, testing, nursing,
5 midwifery, pharmaceutical, travel, or other similar expenses, incurred by the
6 gestational carrier for prenatal care and those medical and hospital expenses incurred
7 incident to birth.
8 (b) Payment of actual expenses incurred for mental health counseling
9 services provided to the gestational carrier prior to the birth and up to six months
10 after birth.
11 (c) Payment of actual lost wages of the gestational carrier, not covered under
12 a disability insurance policy, when bed rest has been prescribed for the gestational
13 carrier for some maternal or fetal complication of pregnancy and the gestational
14 carrier, who is employed, is unable to work during the prescribed period of bed rest.
15 (d) Payment of actual travel costs related to the pregnancy and delivery,
16 court costs, and attorney fees incurred by the gestational carrier.
17 (3) It shall be unlawful for any person to enter into, induce, arrange, procure,
18 knowingly advertise for, or otherwise assist in an agreement for genetic gestational
19 carrier, with or without compensation, whether written or unwritten. For purposes
20 of this Section, "genetic gestational carrier" and "compensation" shall have the same
21 meaning as defined in R.S. 9:2718.1.
22 (4) It shall be unlawful for any person to give or offer payment of money,
23 objects, services, or anything of monetary value to induce any gestational carrier,
24 whether or not she is party to an enforceable or unenforceable agreement for genetic
25 gestational carrier or gestational carrier contract, to consent to an abortion as defined
26 in R.S. 40:1061.9.
27 E.C. A person convicted of violating any of the provisions of this Section
28 shall be punished by a fine not to exceed fifty thousand dollars or imprisonment with
29 or without hard labor for not more than ten years, or both.
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are additions. HLS 18RS-745 ORIGINAL
HB NO. 643
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 643 Original 2018 Regular Session Edmonds
Abstract: Provides for the regulation of adoption expenses.
Present law (Ch.C. Art. 1131) provides that following the surrender of a child for adoption,
the adoptive parents are required to file the authentic act of surrender and a certification or
court order for adoption.
Proposed law retains present law and additionally requires the filing of a preliminary
estimate and accounting of fees and charges related to the adoption.
Present law (Ch.C. Arts. 1200 and 1223) provides for the allowable expenses to be paid by
the prospective adoptive parents.
Proposed law requires the payment of expenses to be through DCFS, an adoption agency,
or an adoption attorney and narrows the allowable expenses from reasonable to actual
expenses.
Proposed law limits living expenses to the amount needed to maintain an adequate standard
of living and includes an illustrative list of the types of living expenses.
Proposed law provides that allowable living expenses shall not include vehicles, salary or
wages, recreation or leisure activities, permanent housing, gifts, or other payments for the
monetary gain of the mother and limits the allowable living expenses to $7,500.
Proposed law authorizes the court to approve additional expenses upon a finding that the
expense is reasonable and necessary.
Proposed law provides that prospective adoptive parents may seek reimbursement of
expenses paid to a mother in anticipation of an adoption if the mother is not pregnant or if
she is accepting payments from more than one prospective adoptive parent.
Present law (Ch.C. Arts. 1201 and 1223.1) requires the filing of an adoption disclosure
affidavit of all fees and charges paid.
Proposed law retains present law but requires the inclusion of receipts, the name and address
of each recipient, the purpose of the payment, and the amount and date it was made.
Proposed law also specifically lists utilities, which are allowable living expenses.
Proposed law requires the affiant to certify that they understand that in accordance with R.S.
14:286, making a false statement in any adoption disclosure affidavit with the intent to
deceive and with knowledge that the statement is false is punishable by a fine of up to
$50,000 or imprisonment with or without hard labor for more than 10 years, or both.
Present law (R.S. 14:286) provides that it is unlawful to sell a child, receive anything of
value for the procurement of a child, or make certain unapproved disbursements in
connection with an adoption. Present law also includes a list of allowable expenses.
Proposed law clarifies the elements of the crime of the sale of minor children and adds that
it shall also be unlawful to make false statements on an adoption disclosure affidavit.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-745 ORIGINAL
HB NO. 643
Proposed law deletes the list of allowable expenses with a reference to the same list provided
in the Children's Code.
(Amends Ch.C. Arts. 1131(A), 1200, 1201, 1223, and 1223.1 and R.S. 14:286)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.