18-1511. SALE OR BARTER OF CHILD FOR ADOPTION OR OTHER PURPOSE PENALIZED — ALLOWED EXPENSES. Any person or persons who shall sell or barter any child for adoption or for any other purpose, shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the state penitentiary for not more than fourteen (14) years, or by a fine of not more than five thousand dollars ($5,000), or by both such fine and imprisonment.
Provided however, this section shall not prohibit any person, or adoption agency from providing, in addition to legal and medical costs, reasonable maternity and living expenses during the pregnancy and for a period not to exceed six (6) weeks post partum based upon demonstrated financial need.
Any person or agency, seeking to provide financial assistance in excess of five hundred dollars ($500) shall do so after informally submitting to a court of competent jurisdiction, a verified financial plan outlining proposed expenditures. The court may approve or amend such a proposal. Only after court approval shall assistance totaling more than five hundred dollars ($500) become available to the birth parent. A prospective adoptive parent, or another person acting on behalf of a prospective adoptive parent, shall make payments for allowed expenses only to third party vendors, as is reasonably practical. All actual expenditures shall be presented by verified affidavit of counsel or the agency at the time of the adoption finalization.
No financial assistance to a birth parent shall exceed the sum of two thousand dollars ($2,000) unless otherwise authorized by the court. The financial assistance contemplated by this section shall be considered a charitable gift, not subject to recovery under the terms of section 16-1515, Idaho Code.
History:
[I.C., sec. 18-1511, as added by 1972, ch. 336, sec. 1, p. 873; am. 2000, ch. 172, sec. 1, p. 441.]
Structure Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Chapter 15 - CHILDREN AND VULNERABLE ADULTS
Section 18-1501 - INJURY TO CHILDREN.
Section 18-1502 - BEER, WINE OR OTHER ALCOHOL AGE VIOLATIONS — FINES.
Section 18-1502B - POSSESSION OF INHALANTS BY MINORS.
Section 18-1505 - ABUSE, EXPLOITATION OR NEGLECT OF A VULNERABLE ADULT.
Section 18-1505A - ABANDONING A VULNERABLE ADULT.
Section 18-1505B - SEXUAL ABUSE AND EXPLOITATION OF A VULNERABLE ADULT.
Section 18-1506 - SEXUAL ABUSE OF A CHILD UNDER THE AGE OF SIXTEEN YEARS.
Section 18-1506A - RITUALIZED ABUSE OF A CHILD — EXCLUSIONS — PENALTIES — DEFINITION.
Section 18-1506B - FEMALE GENITAL MUTILATION OF A CHILD — EXCLUSIONS — PENALTIES — DEFINITION.
Section 18-1507 - DEFINITIONS — SEXUAL EXPLOITATION OF A CHILD — PENALTIES.
Section 18-1507A - SEXUAL EXPLOITATION OF A CHILD BY ELECTRONIC MEANS.
Section 18-1508 - LEWD CONDUCT WITH MINOR CHILD UNDER SIXTEEN.
Section 18-1508A - SEXUAL BATTERY OF A MINOR CHILD SIXTEEN OR SEVENTEEN YEARS OF AGE — PENALTY.
Section 18-1509 - ENTICING OF CHILDREN.
Section 18-1510 - PROVIDING SHELTER TO RUNAWAY CHILDREN.
Section 18-1512 - MEDICAL BILLS PAYMENT FOR CHILD TO BE ADOPTED OR MOTHER AN EXCEPTION.
Section 18-1512A - ADVERTISING FOR ADOPTION — PROHIBITED ACTS.
Section 18-1513 - OBSCENE MATERIALS — DISSEMINATION TO MINORS — POLICY.
Section 18-1514 - OBSCENE MATERIALS — DEFINITIONS.
Section 18-1515 - DISSEMINATING MATERIAL HARMFUL TO MINORS — DEFINED — PENALTY.
Section 18-1516 - MISREPRESENTATIONS — PARENTHOOD OR AGE — MISDEMEANOR.
Section 18-1517 - DISSEMINATING MATERIAL HARMFUL TO MINORS — DEFENSES.
Section 18-1517A - HIRING, EMPLOYING, ETC., MINOR TO ENGAGE IN CERTAIN ACTS — PENALTY.
Section 18-1518 - TIE-IN SALES OF PROHIBITED MATERIALS — MISDEMEANOR.
Section 18-1519 - EACH PROHIBITED ITEM DISSEMINATED CONSTITUTES SEPARATE OFFENSE.
Section 18-1520 - DISTRICT COURTS — INJUNCTIONS — TRIAL — ORDERS OF INJUNCTION.
Section 18-1522 - UNAUTHORIZED SCHOOL BUS ENTRY — NOTICE.
Section 18-1523 - MINORS — TATTOOING, BRANDING, TANNING DEVICES AND BODY PIERCING.