CRIMINAL LAWAND PROCEDURE
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35-46-1-9. Profiting from an adoption.
(a) Except as provided in subsection (b), 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.
(b) This section does not apply to the transfer
or receipt of:
(1) reasonable attorney’s fees;
(2) hospital and medical expenses con-
cerning 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 psychologi-
cal counseling relating to adoption incurred
by the adopted person’s birth parents;
(5) reasonable costs of housing, utilities,
and phone service for the adopted per-
son’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 liv-
ing 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 subdi-
visions (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, includ-
ing 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 psycho-
logical condition, if:
(A) the attending physician of the
adopted person’s birth mother has
ordered or recommended that the
adopted person’s birth mother discon-
tinue her employment; and
(B) the medical condition and its direct
relationship to the pregnancy of the
adopted person’s birth mother are doc-
umented 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 per-
son’s birth mother under subdivision (5) and (8)
and any unemployment compensation received by
or owed to the adopted person’s birth mother.
(c) Except as provided in this subsection, pay-
ments made under subsection (b)(5) through (b)(9)
may not exceed three thousand dollars ($3,000)
and must be disclosed to the court supervising the
adoption. The amounts paid under subsection
(b)(5) through (b)(9) may not exceed three thou-
sand dollars ($3,000) to the extent that a court in
Indiana 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 seri-
ously 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.
(d) The payment limitation under subsection
(c) applies to the total amount paid under sub-
section (b)(5) through (b)(9) in connection with an
adoption from all prospective adoptive parents,
attorneys, and licensed child placing agencies.
(e) An attorney or licensed child placing
agency shall inform a birth mother of the penal-
ties for committing adoption deception under sec-
tion 9.5 of this chapter before the attorney or
agency transfers a payment for adoption related
expenses under subsection (b) in relation to the
birth mother.
(f) The limitations in this section apply regard-
less of the state or country in which the adoption
is finalized.
35-46-1-9.5. Adoption deception.
