Louisiana 2021 2021 Regular Session

Louisiana House Bill HB54 Comm Sub / Analysis

                    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 54 Original	2021 Regular Session	Edmonds
Abstract:  Creates the crime of adoption deception and provides elements and criminal penalties for
the offense.
Proposed law creates the crime of adoption deception and defines the crime as being committed by
any person who is a birth mother, or who holds herself out to be a birth mother, who is interested in
making an adoption plan and who knowingly or intentionally benefits from payment of adoption-
related expenses in connection with that adoption plan if any of the following occur:
(1)The person knows or should have known that she is not pregnant at the time the payments
were requested or received.
(2)The person accepts living expenses assistance from a prospective adoptive parent or adoption
entity without disclosing that she is receiving living expenses assistance from another
prospective adoptive parent or adoption entity at the same time in an effort to adopt the same
child.
(3)The person knowingly makes false representations to induce the payment of living expenses
and does not intend to make adoptive placement.
Proposed law provides for the following penalties:
(1)If the amount received by the person is $300 or less, the person shall either be fined up to
$500, imprisoned without hard labor for up to 60 days, or both.
(2)If the amount received by the person exceeds $300, the person shall either be fined up to
$5,000, imprisoned with or without hard labor for not more than five years, or both.
Proposed law further provides that the person shall be ordered to pay restitution for any reasonable
attorney fees and costs incurred by the adoption entity or the prospective adoptive parent.
(Adds R.S. 14:67.5)