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§ 5-3A-45. Prohibited payments

West's Annotated Code of MarylandFamily LawEffective: October 1, 2013

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 5. Children (Refs & Annos)
Subtitle 3a. Private Agency Guardianship and Adoption (Refs & Annos)
Part V. Prohibited Acts (Refs & Annos)
Effective: October 1, 2013
MD Code, Family Law, § 5-3A-45
§ 5-3A-45. Prohibited payments
Prohibited act
(a) Except as otherwise provided by law, a person may not charge or receive, from or for a parent or prospective adoptive parent, any compensation for a service in connection with:
(1) placement of an individual to live with a preadoptive family; or
(2) an agreement for custody in contemplation of adoption.
Construction of section
(b)(1) In this subsection, “Administration” means the Social Services Administration of the Department.
(2) This section does not:
(i) prohibit payment, by an interested person, of:
1. a customary and reasonable charge or fee for adoption counseling, hospital, legal, or medical services;
2. reasonable expenses for transportation for medical care associated with the pregnancy or birth of the child;
3. reasonable expenses for food, clothing, and shelter for a birth mother if, on written advice of a physician, the birth mother is unable to work or otherwise support herself because of medical reasons associated with the pregnancy or birth of the child; or
4. reasonable expenses associated with any required court appearance relating to the adoption, including transportation, food, and lodging expenses; or
(ii) prevent the Administration, or a person that the Administration licenses or supervises, from receiving and accepting reasonable reimbursement for costs of an adoptive service in connection with adoption, if:
1. the reimbursement is in accordance with standards set by regulation of the Administration; and
2. the ability to provide this reimbursement does not affect:
A. the acceptability of any individual for adoptive services; or
B. the choice of the most suitable prospective adoptive parent.
Duty of State's Attorney
(c) Each State's Attorney shall enforce this section.
(d) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 3 months or both, for each offense.


Added by Acts 2005, c. 464, § 3, eff. Jan. 1, 2006. Amended by Acts 2013, c. 619, § 1, eff. Oct. 1, 2013.
MD Code, Family Law, § 5-3A-45, MD FAMILY § 5-3A-45
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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