ENROLLED
ACT No. 562
2018 Regular Session
HOUSE BILL NO. 643
BY REPRESENTATIVES EDMONDS, ABRAHAM, AMEDEE, ANDERS, BAGLEY,
BARRAS, BERTHELOT, BILLIOT, BRASS, TERRY BROWN, CARMODY,
GARY CARTER, STEVE CARTER, CONNICK, COUSSAN, COX, CREWS,
DAVIS, DEVILLIER, EMERSON, FALCONER, FOIL, GAROFALO, GISCLAIR,
HENRY, HILFERTY, HODGES, HOFFMANN, HORTON, HUNTER,
JEFFERSON, NANCY LANDRY, LEBAS, MACK, MARINO, MIGUEZ,
GREGORY MILLER, JIM MORRIS, NORTON, PIERRE, POPE, PYLANT,
REYNOLDS, SCHEXNAYDER, SHADOIN, STOKES, THOMAS, WHITE,
WRIGHT, AND ZERINGUE AND SENATORS GARY SMI TH AND WARD
(On Recommendation of the Louisiana State Law Institute)
1 AN ACT
2 To 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.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. Children's Code Articles 1131(A), 1200, 1201, 1223, and 1223.1 are
11 hereby 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
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1 placement required by Chapter 2 of Title XII in a court of proper venue as authorized
2 by Article 1180.
3 * * *
4 Art. 1200. Fee disclosure; permissible reimbursement of expenses; court review;
5 report
6 A. The petitioner shall file with the petition a preliminary current estimate
7 and accounting of fees and charges in accordance with Article 1201. The petitioner
8 also shall file a final Adoption Disclosure Affidavit adoption disclosure affidavit
9 with the court not later than ten days prior to the date scheduled for the final hearing
10 on the adoption.
11 B. Payments made by or on behalf of the adoptive parents or their
12 representative to the department or to a child-placing agency or its agent or any
13 broker for reimbursement of the following expenses Only the following services
14 provided by the Department of Children and Family Services, or payments made
15 through a licensed adoption agency, or an adoption attorney are permissible and not
16 a violation of R.S. 14:286:
17 (1) Reasonable Actual medical expenses, including hospital, testing, nursing,
18 pharmaceutical, travel, or other similar expenses, incurred by the biological mother
19 for prenatal care and those medical expenses incurred by the biological mother and
20 child incident to birth.
21 (2) Reasonable Actual medical expenses, including hospital, testing, nursing,
22 pharmaceutical, travel, or other similar expenses, and foster care expenses incurred
23 on behalf of the child prior to the decree of adoption.
24 (3) Reasonable Actual expenses incurred by the department or the agency
25 for adjustment counseling and training services provided to the adoptive parents and
26 for home studies or investigations.
27 (4) Reasonable Actual and reasonable administrative expenses incurred by
28 the department or the agency, including overhead, court costs, travel costs, and
29 attorney fees connected with an adoption. In approving a reasonable fee for
30 overhead, the court shall consider and include additional expenses incurred by the
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1 department or the agency not specifically allocated to the adoption before the court
2 including the cost of failed adoptions, where those expenses or fees represent actual
3 costs of the department's or agency's adoption services permitted by the provisions
4 of this Article.
5 (5) Reasonable Actual expenses incurred for mental health counseling
6 services provided to a biological parent or a child for a reasonable time before and
7 after the child's placement for adoption.
8 (6) Reasonable Actual expenses incurred in ascertaining the information
9 required by Articles 1124 and 1125.
10 (7) Reasonable Actual and reasonable living expenses incurred by a mother
11 needed to maintain an adequate standard of living that the mother is unable to
12 maintain otherwise due to lost wages for a period when she is unable to work.
13 (a) Living expenses in accordance with this Subparagraph may be paid for
14 a reasonable time before the birth of her child and for no more than forty-five days
15 after the birth and may include the following:
16 (i) Temporary housing expenses, such as rent or mortgage payments.
17 (ii) Utilities, such as electricity, gas, water, or telephone.
18 (iii) Food for the mother and any minor children residing in her home.
19 (iv) Transportation costs related to the pregnancy or adoption.
20 (v) Maternity clothing for the mother.
21 (vi) Personal hygiene products, cleaning products, and laundry services.
22 (b) Actual living expenses shall not include vehicles, salary or wages,
23 recreation or leisure activities, permanent housing, gifts, or other payments for the
24 monetary gain of the mother.
25 (c) The total and cumulative amount of living expenses paid to the biological
26 mother during the term of the pregnancy by one or more agencies or attorneys under
27 the provisions of this Article shall not exceed seven thousand five hundred dollars,
28 except as otherwise specifically authorized in accordance with Subparagraph (9) of
29 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 children and family 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. 1201. Adoption disclosure affidavit of fees and charges; form
28 A. Each petition for an agency adoption shall be accompanied by an affidavit
29 executed by the petitioner and petitioner's attorney containing an accounting of all
30 fees and charges paid or agreed to be paid by or on behalf of the petitioner in
31 connection with the adoption. The affidavit shall include the date and amount of
32 each payment made, the name and address of the recipient, and the purpose of each
33 payment. Receipts, or other documentation in the event receipts are not available,
34 for each expense shall be attached to the affidavit.
35 B. The affidavit shall not include any identifying information as to the
36 biological parents, their families, or the child's birth name.
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1 C. The form for the affidavit shall be as follows:
2 "ADOPTION DISCLOSURE AFFIDAVIT
3 BEFORE ME, the undersigned authority, personally came and appeared
4 __________ (petitioner) and _________ (attorney for petitioner), who being first
5 duly sworn, did depose and state:
6 In the matter of the adoption by ________ (petitioner's name):
7 1. We report the following fees and charges or other things of value given
8 in connection with this adoption:
9 Actual EstimatedDue or paid to
10 $ $
11 Itemization of Expenses Recipient Purpose Estimate Actual Date Paid
12 A. Agency administrative expenses:
13 1. Attorney fees
14 2. Court costs
15 3. Travel costs
16 4. Overhead
17 5. Other (Specify)
18 B. Agency Mental Health Counseling counseling expenses:
19 1. Counseling for adopting parents
20 2. Home study evaluations
21 3. Counseling for biological parents
22 4. Counseling for the child
23 5. Statement of Family History information
24 6. Other (Specify)
25 C. Medical expenses for biological mother:
26 1. Medical
27 2. Travel
28 3. Other (Specify)
29 D. Medical/foster care expenses for child:
30 1. Medical
31 2. Travel
32 3. Other (Specify)
33 E. Living expenses of the biological mother:
34 1. Room and board Housing
35 2. Other (Specify) Utilities
36 (a) Electricity
37 (b) Gas
38 (c) Water
39 (d) Telephone
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1 3. Food
2 4. Transportation
3 5. Maternity clothing
4 F. Living expenses paid to the biological mother during the term of the pregnancy
5 by another agency or attorney:
6 F.G. Other expenses (Specify):
7 Actual Estimated
8 total total
9 $ $
10 Total Estimated Total Paid
11 2. We certify that no other fees, charges, or things of value other than court
12 costs have been given or shall be given by anyone in connection with this adoption.
13 3. We declare that this disclosure statement has been examined by each of
14 us and that its contents are true to the best of our information, knowledge, and belief.
15 4. We understand that each of us has a continuing obligation to supplement
16 and amend this affidavit as necessary.
17 5. We understand that this information will be transmitted to the office of
18 children and family services, Louisiana Department of Children and Family Services.
19 We further understand that it may be released by written authorization of the court
20 for purposes of a grand jury investigation pursuant to R.S. 14:286 or for an ethical
21 investigation by the Committee on Professional Responsibility of the Louisiana State
22 Bar Association. We further certify that we understand that in accordance with R.S.
23 14:286, making a false statement in any adoption disclosure affidavit with the intent
24 to deceive and with knowledge that the statement is false is punishable by a fine not
25 to exceed fifty thousand dollars or imprisonment with or without hard labor for not
26 more than ten years, or both.
27 _____________________ _________________________
28 Signature of Petitioner Signature of Attorney
29 ______________________ _________________________
30 Address Address
31 SWORN TO AND SUBSCRIBED BEFORE ME ON THIS _____ DAY OF
32 ______, ___.
33 __________________________
34 (NOTARY PUBLIC)"
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1 D. The adoption disclosure affidavit shall not be included as an exhibit for
2 service with a copy of the petition under Article 1202.
3 E. Confidentiality of the information contained in the adoption disclosure
4 affidavit shall be maintained as provided in Chapter 5 of this Title, and shall be
5 released only in accordance with this Article or on written authorization of the court
6 for the purposes of a grand jury investigation of a violation of R.S. 14:286 or an
7 ethical investigation by the Committee on Professional Responsibility of the
8 Louisiana State Bar Association.
9 * * *
10 Art. 1223. Fee disclosure; permissible reimbursement of expenses; court review;
11 report
12 A. The petitioner shall file with the petition a preliminary current estimate
13 and accounting of fees and charges in accordance with Article 1201 1223.1. The
14 petitioner also shall file a final Adoption Disclosure Affidavit adoption disclosure
15 affidavit with the court not later than ten days prior to the date scheduled for the final
16 hearing on the adoption.
17 B. Payments made by or on behalf of the adoptive parents or their
18 representative to a biological parent or his agent or representative or to an attorney,
19 broker, or other intermediary for reimbursement of the following expenses Only the
20 following services provided by the Department of Children and Family Services, or
21 payment made through a licensed adoption agency, or an adoption attorney are
22 permissible and not a violation of R.S. 14:286:
23 (1) Reasonable Actual medical expenses, including hospital, testing, nursing,
24 pharmaceutical, travel, or other similar expenses, incurred by the biological mother
25 for prenatal care and those medical expenses incurred by the biological mother and
26 child incident to birth.
27 (2) Reasonable Actual medical expenses, including hospital, testing, nursing,
28 pharmaceutical, travel, or other similar expenses, and foster care expenses incurred
29 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 (vi) Personal hygiene products, cleaning products, and laundry services.
23 (b) Actual living expenses shall not include vehicles, salary or wages,
24 recreation or leisure activities, permanent housing, gifts, or other payments for the
25 monetary gain of the mother.
26 (c) The total and cumulative amount of living expenses paid to the biological
27 mother during the term of the pregnancy by one or more agencies or attorneys under
28 the provisions of this Article shall not exceed seven thousand five hundred dollars,
29 except as otherwise specifically authorized in accordance with Subparagraph (9) of
30 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 the petitioner and the petitioner's attorney containing an accounting of
30 all fees and charges paid or agreed to be paid by or on behalf of the petitioner in
31 connection with the adoption. The affidavit shall include the date and amount of
32 each payment made, the name and address of the recipient, and the purpose of each
33 payment. Receipts, or other documentation in the event receipts are not available,
34 for each expense shall be attached to the affidavit.
35 B. The affidavit shall not include any identifying information as to the
36 biological parents, their families, or the child's birth name.
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1 C. The form for the affidavit shall be as follows:
2 "ADOPTION DISCLOSURE AFFIDAVIT
3 BEFORE ME, the undersigned authority, personally came and appeared
4 __________ (petitioner) and _________ (attorney for petitioner), who being first
5 duly sworn, did depose and state:
6 In the matter of the adoption by ________ (petitioner's name):
7 1. We report the following fees and charges or other things of value given
8 in connection with this adoption:
9 ActualEstimatedDue or paid to
10 $ $
11 Itemization of Expenses Recipient Purpose Estimate Actual Date Paid
12 A. Legal expenses:
13 1. Attorney fees for biological parent
14 2. Attorney fees for adopting parent
15 3. Court costs
16 4. Travel costs
17 5. Other (Specify)
18 B. Mental Health Counseling expenses:
19 1. Counseling for adopting parents
20 2. Home study evaluations
21 3. Counseling for biological parents
22 4. Counseling for the child
23 5. Statement of Family History information
24 6. Other (Specify)
25 C. Medical expenses for biological mother:
26 1. Medical
27 2. Travel
28 3. Other (Specify)
29 D. Medical/foster care expenses for child:
30 1. Medical
31 2. Travel
32 3. Other (Specify)
33 E. Living expenses of the biological mother:
34 1. Room and board Housing
35 2. Other (Specify) Utilities
36 (a) Electricity
37 (b) Gas
38 (c) Water
39 (d) Telephone
40 3. Food
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1 4. Transportation
2 5. Maternity clothing
3 F. Living expenses paid to the biological mother during the term of the pregnancy
4 by another agency or attorney:
5 F.G. Other expenses (Specify):
6 ActualEstimatedDue or paid to
7 $ $
8 Total Estimated Total Paid
9 2. We certify that no other fees, charges, or things of value other than court
10 costs have been given or shall be given by anyone in connection with this adoption.
11 3. We declare that this disclosure statement has been examined by both each
12 of us and that its contents are true to the best of our information, knowledge, and
13 belief.
14 4. We understand that each of us has a continuing obligation to supplement
15 and amend this affidavit as necessary.
16 5. We understand that this information will be transmitted to the office of
17 children and family services, Louisiana Department of Children and Family Services.
18 We further understand that it may be released by written authorization of the court
19 for purposes of a grand jury investigation pursuant to R.S. 14:286 or for an ethical
20 investigation by the Committee on Professional Responsibility of the Louisiana State
21 Bar Association. We further certify that we understand that in accordance with R.S.
22 14:286, making a false statement in any adoption disclosure affidavit with the intent
23 to deceive and with knowledge that the statement is false is punishable by a fine not
24 to exceed fifty thousand dollars or imprisonment with or without hard labor for not
25 more than ten years, or both.
26 __________________________ ___________________________
27 Signature of Petitioner Signature of Attorney
28 __________________________ ___________________________
29 Address Address
30 SWORN TO AND SUBSCRIBED BEFORE ME ON THIS _____ DAY OF
31 ______, ___.
32 ___________________________
33 (NOTARY PUBLIC)"
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1 D. The adoption disclosure affidavit shall not be included as an exhibit for
2 service with a copy of the petition under Article 1224.
3 E. Confidentiality of the information contained in the adoption disclosure
4 affidavit shall be maintained as provided in Chapter 5 of this Title, and shall be
5 released only in accordance with this Article or on written authorization of the court
6 for the purposes of a grand jury investigation of a violation of R.S. 14:286 or an
7 ethical investigation by the Committee on Professional Responsibility of the
8 Louisiana State Bar Association.
9 Section 2. R.S. 14:286 is hereby amended and reenacted to read as follows:
10 ยง286. Sale of minor children and other prohibited activities; penalties
11 A.(1) Except as provided by Subsection C, it It shall be unlawful for any
12 person to sell or surrender a minor child to another person for money or anything of
13 value, or to receive a minor child for such payment of money or anything of value,
14 except as specifically provided in Children's Code Articles 1200 and 1223.
15 B.(2) Except as provided in Subsection C, the payment or receipt of It shall
16 be unlawful for any person to pay or receive anything of value for the procurement,
17 attempted procurement, or assistance in the procurement of a party to an act of
18 voluntary surrender of a child for adoption is strictly prohibited except as specifically
19 provided in Children's Code Articles 1200 and 1223.
20 C.(3) Unless approved by the juvenile court pursuant to Children's Code
21 Article 1200, no It shall be unlawful for any petitioner, person acting on a petitioner's
22 behalf, agency or attorney or other intermediary shall to make or agree to make any
23 disbursements in connection with the adoptive placement, surrender, or adoption of
24 a child other than for the following: except as specifically provided in Children's
25 Code Articles 1200 and 1223.
26 (4) It shall be unlawful to make a false statement in any adoption disclosure
27 affidavit with the intent to deceive and with knowledge that the statement is false.
28 (1) Reasonable medical expenses, including hospital, testing, nursing,
29 pharmaceutical, travel, or other similar expenses, incurred by the biological mother
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1 for prenatal care, and those medical and hospital expenses incurred on behalf of the
2 biological mother and child incident to birth.
3 (2) Reasonable medical expenses, including hospital, testing, nursing,
4 pharmaceutical, travel, or other similar expenses, and foster care expenses incurred
5 on behalf of the child prior to the decree of adoption.
6 (3) Reasonable expenses incurred by the department or the agency for
7 adjustment counseling and training services provided to the adoptive parents and for
8 home studies or investigations.
9 (4) Reasonable administrative expenses incurred by the department or the
10 agency, including overhead, court costs, travel costs, and attorney fees connected
11 with an adoption. In approving a reasonable fee for overhead, the court shall consider
12 and include additional expenses incurred by the department or the agency not
13 specifically allocated to the adoption before the court, including the cost of failed
14 adoptions, where those expenses or fees represent actual costs of the department's or
15 agency's adoption services permitted by the provisions of this Article.
16 (5) Reasonable expenses incurred for counseling services provided to a
17 biological parent or a child for a reasonable time before and after the child's
18 placement for adoption.
19 (6) Reasonable expenses incurred in ascertaining the information required
20 by Children's Code Articles 1124 and 1125.
21 (7) Reasonable living expenses incurred by a mother for a reasonable time
22 before the birth of her child and for no more than forty-five days after the birth.
23 (8) Reasonable attorney fees, court costs, travel, or other expenses incurred
24 on behalf of a parent who surrenders a child for adoption or otherwise consents to
25 the child's adoption.
26 D.B.(1) It shall be unlawful for any person to enter into, induce, arrange,
27 procure, knowingly advertise for, or otherwise assist in a gestational carrier contract,
28 whether written or unwritten, that is not in compliance with the requirements
29 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.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 643 ENROLLED
1 E.C. A person convicted of violating any of the provisions of this Section
2 shall be punished by a fine not to exceed fifty thousand dollars or imprisonment with
3 or without hard labor for not more than ten years, or both.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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are additions.