Printable Format59-2121. Payment for adoption; limitation; approval by court; criminal penalties. (a) Except as otherwise authorized by law, no person shall request, receive, give or offer to give any consideration in connection with an adoption, or a placement for adoption, other than:
(1) Reasonable fees for legal and other professional services rendered in connection with the placement or adoption not to exceed customary fees for similar services by professionals of equivalent experience and reputation where the services are performed;
(2) reasonable fees of a licensed child-placing agency;
(3) actual and necessary expenses incident to placement or to the adoption proceeding;
(4) actual medical expenses of the mother attributable to pregnancy and birth;
(5) actual medical expenses of the child; and
(6) reasonable living expenses of the mother which are incurred during or as a result of the pregnancy.
(b) In an action for adoption, a detailed accounting of all consideration given, or to be given, and all disbursements made, or to be made, in connection with the adoption and the placement for adoption shall accompany the petition for adoption. Upon review of the accounting, the court shall disapprove any such consideration which the court determines to be unreasonable or in violation of this section and, to the extent necessary to comply with the provisions of this section, shall order reimbursement of any consideration already given in violation of this section.
(c) Knowingly and intentionally receiving or accepting clearly excessive fees or expenses in violation of subsection (a) shall be a severity level 9, nonperson felony. Knowingly failing to list all consideration or disbursements as required by subsection (b) shall be a class B nonperson misdemeanor.
History: L. 1990, ch. 145, § 11; L. 1994, ch. 291, § 77; L. 2018, ch. 118, § 8; July 1.
Source or Prior Law:
59-2278c.
Attorney General's Opinions:
A fee for surrogate motherhood is not a fee for a professional service hereunder. 96-73.
CASE ANNOTATIONS
1. Statute not vague; all fees, expenses or other consideration not meeting one of listed exceptions are clearly excessive. State v. Clark, 16 Kan. App. 2d 552, 553, 554, 826 P.2d 925 (1992).
2. Whether natural mother's consent to adoption within 12 hours of birth is voidable before final decree entered examined. In re Adoption of J.H.G., 254 Kan. 780, 794, 797, 869 P.2d 640 (1994).
3. No authority or requirement for adoptive parents to pay birth mother's medical expenses. In re Adoption of Baby Boy M, 28 Kan. App. 2d 603, 18 P.3d 304 (2001).
4. Defendant convicted of brokering sale of baby to couple although promised money was not received. State v. Brown, 272 Kan. 843, 35 P.3d 910 (2001).