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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
Currentness
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.
Penalties
(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.

Credits

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 legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document