Indiana Code 34-24-3-1.5. Offenses concerning adoption deception and unauthorized adoption facilitation; recovery of damages or amounts paid, costs, and attorney’s fees
(1) Actual damages caused by the violation if the prospective adoptive parent has not been awarded damages under IC 35-46-1-9.5.
Terms Used In Indiana Code 34-24-3-1.5
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- loss: includes expenses incurred in securing a computer system or computer network against unauthorized intrusion. See Indiana Code 34-24-3-0.5
(3) The costs of the action.
(4) A reasonable attorney‘s fee.
(b) A prospective adoptive parent may bring a civil action against a person who commits unauthorized adoption facilitation under IC 35-46-1-22, even if the person has not been prosecuted or convicted of the offense under IC 35-46-1-22. In an action under this subsection, a prospective adoptive parent may seek an award of the following:
(1) An amount not to exceed three (3) times the amount that the prospective adoptive parent paid for the adoption services provided to the prospective adoptive parent in the commission of unauthorized adoption facilitation under IC 35-46-1-22.
(2) The costs of the action.
(3) A reasonable attorney’s fee.
As added by P.L.146-2007, SEC.16.