Sec. 9. (a) As used in this section, “resident” means an individual who has a physical presence in a state with the intention of remaining indefinitely in that state.
Terms Used In Indiana Code 35-46-1-9
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Felony: A crime carrying a penalty of more than a year in prison.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(b) This section does not apply if the:
(1) birth mother is not a resident of Indiana; and
(2) adoption takes place in a jurisdiction outside Indiana.
(c) Except as provided in subsection (d), a person who, with respect to an adoption, transfers or receives any property in connection with the waiver of parental rights, the termination of parental rights, the consent to adoption, or the petition for adoption commits profiting from an adoption, a Level 6 felony.
(d) This section does not apply to the transfer or receipt of:
(1) reasonable attorney‘s fees;
(2) hospital and medical expenses concerning childbirth and pregnancy incurred by the adopted person’s birth mother;
(3) reasonable charges and fees levied by a child placing agency licensed under IC 31-27 or the department of child services;
(4) reasonable expenses for psychological counseling relating to adoption incurred by the adopted person’s birth parents;
(5) reasonable costs of housing, utilities, and phone service for the adopted person’s birth mother during the second or third trimester of pregnancy and not more than six (6) weeks after childbirth;
(6) reasonable costs of maternity clothing for the adopted person’s birth mother;
(7) reasonable travel expenses incurred by the adopted person’s birth mother that relate to the pregnancy or adoption;
(8) any additional itemized necessary living expenses for the adopted person’s birth mother during the second or third trimester of pregnancy and not more than six (6) weeks after childbirth, not listed in subdivisions (5) through (7) in an amount not to exceed one thousand dollars ($1,000); or
(9) other charges and fees approved by the court supervising the adoption, including reimbursement of not more than actual wages lost as a result of the inability of the adopted person’s birth mother to work at her regular, existing employment due to a medical condition, excluding a psychological condition, if:
(A) the attending physician of the adopted person’s birth mother has ordered or recommended that the adopted person’s birth mother discontinue her employment; and
(B) the medical condition and its direct relationship to the pregnancy of the adopted person’s birth mother are documented by her attending physician.
In determining the amount of reimbursable lost wages, if any, that are reasonably payable to the adopted person’s birth mother under subdivision (9), the court shall offset against the reimbursable lost wages any amounts paid to the adopted person’s birth mother under subdivisions (5) and (8) and any unemployment compensation received by or owed to the adopted person’s birth mother.
(e) Except as provided in this subsection, payments made under subsection (d)(5) through (d)(9) may not exceed four thousand dollars ($4,000) and must be disclosed to the court supervising the adoption. The amounts paid under subsection (d)(5) through (d)(9) may exceed four thousand dollars ($4,000) to the extent that a court with jurisdiction over the child who is the subject of the adoption approves the expenses after determining that:
(1) the expenses are not being offered as an inducement to proceed with an adoption; and
(2) failure to make the payments may seriously jeopardize the health of either the child or the mother of the child and the direct relationship is documented by a licensed social worker or the attending physician.
(f) The payment limitation under subsection (e) applies to the total amount paid under subsection (d)(5) through (d)(9) in connection with an adoption from all prospective adoptive parents, attorneys, and licensed child placing agencies.
(g) An attorney or licensed child placing agency shall inform a birth mother of the penalties for committing adoption deception under section 9.5 of this chapter before the attorney or agency transfers a payment for adoption related expenses under subsection (d) in relation to the birth mother.
(h) The limitations in this section apply regardless of the state or country in which the adoption is finalized.
As added by Acts 1980, P.L.208, SEC.2. Amended by P.L.117-1990, SEC.6; P.L.2-1992, SEC.882; P.L.81-1992, SEC.39; P.L.1-1993, SEC.241; P.L.4-1993, SEC.326; P.L.5-1993, SEC.333; P.L.226-1996, SEC.1; P.L.200-1999, SEC.32; P.L.130-2005, SEC.14; P.L.145-2006, SEC.371; P.L.146-2007, SEC.18; P.L.146-2008, SEC.683; P.L.158-2013, SEC.555; P.L.46-2016, SEC.20; P.L.113-2017, SEC.15.