50-12-09. Compensation for child placing

50-12-09. Compensation for child placing 1. A child-placing agency in making an adoptive placement may be compensated by the adoptive family for reasonable fees. 2. Child-placing agency compensation only may be received for services provided to the adoptive family if reflected in a financial agreement. An itemized receipt of reasonable fees paid by the child-placing agency must be provided to the adoptive family. 3. The fees may not be contingent upon placement of the child for adoption, consent to adoption, or cooperation in the completion of adoption. 4. Reasonable fees may include: a. Facilitation fees charged and completed by the child-placing agency including the cost of preplacement birth parent counseling, adoption home study assessment, placement costs for children not in public custody, utilizing a foster care placement prior to finalization, placement supervision, or other preadoption services offered by the child-placing agency; b. Legal fees relating to the petition for relinquishment or adoption on behalf of the birth parent; c. Medical expenses relating to prenatal care and the birth of the child, which are not already covered by the birth mother's health insurance or other public assistance programs; d. Expenses incurred by the birth parent for transportation, meals, and lodging in order to receive counseling, legal, or medical services related to the pregnancy, birth, or placement of the child; and e. Living expenses of the birth mother which are needed to maintain an adequate standard of living, not already covered by public assistance programs. (1) The payments may cover expenses incurred during the pregnancy-related incapacity and for up to six weeks following the delivery. (2) Living expenses do not include lost wages, gifts, educational expenses, vacations, or other similar expenses of a birth mother.