By: Cyrier H.B. No. 4198
A BILL TO BE ENTITLED
AN ACT
relating to the payment by prospective adoptive parents of certain
expenses of the birth mother.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 162, Family Code, is amended by adding
Subchapter H to read as follows:
SUBCHAPTER H. DIRECT PAYMENT OF CERTAIN BIRTH MOTHER EXPENSES
Sec. 162.651. DEFINITION. In this subchapter, "birth
parent" has the meaning assigned by Section 162.402.
Sec. 162.652. REQUEST FOR PAYMENT OF EXPENSES. (a) A birth
parent may make a written request to a licensed attorney
representing the prospective adoptive parent or parents for payment
of expenses of the birth mother, including attorney fees, medical
fees and expenses, counseling fees, or necessary pregnancy-related
expenses, incurred in connection with the pregnancy, the child's
birth, the placement of the child with the adoptive parent or
parents, or the adoption.
(b) The birth parent shall provide the licensed attorney
representing the prospective adoptive parent or parents written
receipts for any money provided pursuant to a request under
Subsection (a).
Sec. 162.653. ACCOUNTING. (a) Before the date set for the
hearing on the petition for adoption, the licensed attorney
representing the prospective adoptive parent or parents shall file
with the court a full accounting report of all disbursements made or
agreed to be made under Section 162.652(a).
(b) The accounting must be itemized and for each expense
show the date and the ultimate recipient of the funds.
Sec. 162.654. NONAPPLICABILITY. This subchapter does not
apply to an adoption by a stepparent in which one birth parent or
adoptive parent retains conservatorship of the child.
SECTION 2. Section 25.08(b), Penal Code, is amended to read
as follows:
(b) It is an exception to the application of this section
that the thing of value is:
(1) a fee or reimbursement paid to a child-placing
agency as authorized by law;
(2) a fee paid to an attorney, social worker, mental
health professional, or physician for services rendered in the
usual course of legal or medical practice or in providing adoption
counseling;
(3) a reimbursement of legal or medical expenses
incurred by a person for the benefit of the child; [or]
(4) a necessary pregnancy-related expense paid by a
child-placing agency for the benefit of the child's parent during
the pregnancy or after the birth of the child as permitted by the
minimum standards for child-placing agencies and Department of
Family and Protective [and Regulatory] Services rules; or
(5) a payment made to a birth parent by a licensed
attorney under Subchapter H, Chapter 162, Family Code.
SECTION 3. The change in law made by this Act applies only
to a payment made on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2017.