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First,
before any living expenses are paid, the birth mother must provide written
documentation from her medical provider stating she is unable to work or
otherwise support herself due to medical reasons associated with either the
pregnancy or birth. If a birth mother
receives such written advice prior to the birth, she should obtain a separate,
written note if her doctor agrees that she cannot work or support herself for a
time period after the birth as well.
Second,
the birth mother must provide written documentation of the food, clothing, and
housing expenses for which she is requesting assistance, and all expenses must
be verified by the adoption professional or attorney for the adoptive
parent(s).
Third,
and most importantly, no money should be paid directly to a birth parent,
particularly by an adoptive parent. Instead, all eligible expenses should be paid
by the adoptive parents' adoption professional or attorney directly to the
third-party provider. The adoption
professional or attorney should establish a separate escrow account early on,
after identifying and verifying all expenses of a birth parent that may be paid
by an adoptive parent. A birth parent's
estimated expenses can then be collected, deposited in that account, and paid
on a weekly basis if possible, directly by the adoption professional or
attorney to the landlord, other third party, or if necessary for the purchase
of a gift card to a grocery store or maternity clothing store. Cash payments, even from the adoption professional
or attorney, to a birth parent should be avoided.
Fourth,
the adoption professional and potential adoptive parents should maintain
meticulous records documenting each and every payment, including the date,
amount, payor, payee, and a description of what the payment is for. Such records will be necessary for preparing
the accounting that must be filed with the court when the adoption is
finalized. It will also be helpful when seeking the
adoption tax credit -- although it will not be required to provided with your
return, the IRS will likely request copies of such documentation to support the
claim.
Fifth,
because Maryland strictly
prohibits anyone from compensating a birth parent for placing a child for
adoption, adoption professionals should counsel adoptive parents against making
any payments directly to a birth parent.
This advice should be explained to them in person, and given to them in
writing, preferably in the adoptive parent agreement. Any existing adoptive parent agreement should
also be amended to include a description of the terms of an escrow account and
how permissible birth parent expenses will be paid and documented, and to
notify their clients of the financial risks involved should a birth parent
decide not to proceed with an adoption plan.
Similarly, representation agreements with birth parents should include a
provision stating that they agree not to accept any payments of money or other
tangible items directly from a prospective adoptive parent, and that should an
adoptive parent attempt to make such a payment, that they will notify their
adoption professional immediately.
It
is important that adoption professionals finalizing adoptions in Maryland
take certain precautions and develop procedures to ensure that no unauthorized
payments are made to a birth parent that could jeopardize the adoption. If you are an adoption professional
finalizing adoptions in Maryland ,
what other measures are you taking in
response to these recent changes in the law, to protect the integrity of the
adoption process?
Photo Credit: http://www.freedigitalphotos.net/images/Family_g212-Pregnant_Woman_Holding_Belly_p89068.html. By adamr, published on 28 June 2012. Stock Photo - image ID: 10089068
