Minnesota Statutes
Chapter 259 — Change Of Name, Adoption
Section 259.55 — Payment Of Birth Parent Expenses; Penalty.

Subdivision 1. Authorized payments. In any adoption under this chapter, a prospective adoptive parent or anyone acting in concert with, at the direction of, or on behalf of a prospective adoptive parent may pay only the following expenses of the birth parent:
(1) reasonable counseling, medical, and legal fees, which shall be paid directly to the provider of the service;
(2) reasonable expenses for transportation, meals, and lodging incurred for placement of the child or in order to receive counseling, legal, or medical services related to the pregnancy, birth, or placement;
(3) reasonable expenses for adoption services provided by an agency at the request of the birth parent, which shall be paid directly to the agency; and
(4) reasonable living expenses of the birth mother which are needed to maintain an adequate standard of living which the birth mother is unable to otherwise maintain because of loss of income or other support resulting from the pregnancy.
(i) The payments may cover expenses incurred during the pregnancy-related incapacity but not for a period longer than six weeks following delivery, unless the court determines within the six-week period that the birth mother is unable to be employed due to physical limitations relating to the birth of the child;
(ii) the payment shall not be contingent upon placement of the child for adoption, consent to adoption, or cooperation in the completion of the adoption; and
(iii) reasonable living expenses does not include expenses for lost wages, gifts, educational expenses, or other similar expenses of the birth mother.
Subd. 2. No birth parent reimbursement to adoptive parent. A contract purporting to require a birth parent to reimburse a prospective adoptive parent for such payments under any circumstances, including circumstances in which a birth parent refuses to consent to adoption or withdraws consent to adoption, is void as against public policy.
Subd. 3. Prohibited payments; penalty. (a) Except as authorized under subdivision 1, it is a gross misdemeanor for an individual to give, or for a birth parent to accept, money or anything of value, or compensation for the placement of a child for adoption.
(b) It is a gross misdemeanor for any person to give money or anything of value to the birth parent of a child if the person is engaged or has engaged in any placement activity, as defined in section 259.21, subdivision 9, in connection with the adoption of the child.
(c) An offense under this subdivision shall be prosecuted by the county attorney.
1994 c 631 s 27,31; 1997 c 177 s 16

Structure Minnesota Statutes

Minnesota Statutes

Chapters 245 - 267 — Public Welfare And Related Activities

Chapter 259 — Change Of Name, Adoption

Section 259.10 — General Requirements.

Section 259.11 — Order; Filing Copies.

Section 259.115 — Criminal Penalties.

Section 259.12 — Correctional Inmates; Name Changes; Limited.

Section 259.13 — Persons With Felony Conviction; Name Changes.

Section 259.20 — Policy.

Section 259.21 — Definitions.

Section 259.22 — Petition.

Section 259.23 — Juvenile Court, Jurisdiction.

Section 259.24 — Consents.

Section 259.241 — Adult Adoption.

Section 259.25 — Agreement Conferring Authority To Place For Adoption.

Section 259.27 — Notification Of Death Or Terminal Illness.

Section 259.29 — Protection Of Best Interests In Adoptive Placements.

Section 259.31 — Agency Placement Factors.

Section 259.35 — Notice To Adoptive Parents.

Section 259.37 — Agency; Fee Schedule; Disclosure; Civil Action.

Section 259.39 — Commissioner's Statement.

Section 259.41 — Adoption Study.

Section 259.43 — Birth Parent History; Commissioner's Form.

Section 259.45 — State Audit Of Adoption Agency; Civil Action.

Section 259.47 — Direct Adoptive Placement.

Section 259.49 — Notice, Hearing On Petition.

Section 259.52 — Fathers' Adoption Registry.

Section 259.53 — Petition; Investigations; Reports.

Section 259.55 — Payment Of Birth Parent Expenses; Penalty.

Section 259.57 — Hearing, Decree.

Section 259.58 — Communication Or Contact Agreements.

Section 259.59 — Effect Of Adoption.

Section 259.60 — Intercountry Adoptions; Obtaining Amended Birth Record.

Section 259.61 — Hearings, Confidential.

Section 259.63 — Appeals.

Section 259.65 — Appointment Of Attorney And Guardian Ad Litem.

Section 259.73 — Reimbursement Of Nonrecurring Adoption Expenses.

Section 259.75 — State Adoption Exchange.

Section 259.77 — Family Recruitment.

Section 259.78 — Grandparent Visitation.

Section 259.79 — Adoption Records.

Section 259.81 — Referral For Services.

Section 259.83 — Postadoption Services.

Section 259.87 — Rules.

Section 259.88 — Data And Best Practices.

Section 259.89 — Access To Original Birth Record Information.