(a) It shall be a Class A misdemeanor for any individual or agency to offer to pay money or anything of value to a parent for the placement for adoption, for the consent to an adoption, or for cooperation in the completion of an adoption of his or her minor child. It shall be a Class C felony for any individual or agency to pay money or anything of value to a parent for the placement of a child for adoption, for the consent to an adoption, or for cooperation in the completion of an adoption of his or her minor child. This section does not make it unlawful, as provided in Section 26-10E-22, to pay the maternity-connected expenses, medical or hospital expenses, and necessary living expenses of the mother preceding and during pregnancy-related incapacity, as long as the payment is not contingent upon placement of the minor child for adoption, consent to the adoption, or cooperation in the completion of the adoption.
Attorney's Note
Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
Class | Prison | Fine |
---|
Class C felony | 1 to 10 years | up to $15,000 |
Class A misdemeanor | up to 1 year | up to $6,000 |
For details, see
Ala. Code § 13A-5-6 and
Ala. Code § 13A-5-7
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Terms Used In Alabama Code 26-10E-33
(b) It shall be a Class C felony for any individual or agency to receive any money or other thing of value for placing, assisting, or arranging for the placement of a minor for adoption. This section is not intended to prohibit legitimate charges for medical, legal, prenatal, or other professional services.
(c) Surrogate motherhood is not intended to be covered by this section.