Vermont Statutes Title 15 Sec. 7-103
Terms Used In Vermont Statutes Title 15 Sec. 7-103
- Agency: means the Department or a child-placing public or private entity that is licensed in this State to place minors for adoption. See
- Child: means a minor or an adult son or daughter, by birth or adoption. See
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person, other than a parent, appointed by a court to act as a parent for another individual and specifically authorized by the Court to place the individual for adoption. See
- Minor: means a person who has not attained 18 years of age. See
- Parent: means a person who is legally recognized as a mother or father or whose consent to the adoption of a minor is required under subdivision 2-401(a)(1)-(4) or (6) of this title. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Relinquishment: means the voluntary surrender to an agency by a minor's parent or guardian, for purposes of the minor's adoption, of the rights of the parent or guardian with respect to the minor, including legal and physical custody of the minor. See
§ 7-103. Lawful payments related to adoption
(a) Subject to the requirements of sections 3-702 and 3-703 of this title for an accounting and judicial approval of fees and charges related to an adoption, an adoptive parent, or a person acting on behalf of an adoptive parent, may pay the reasonable and actual fee or charge for:
(1) the services of an agency in connection with an adoption;
(2) medical, hospital, nursing, pharmaceutical, or other similar expenses incurred by a mother or her minor child in connection with prenatal care or the birth or any illness of the minor;
(3) counseling services for a parent or a minor for a reasonable time before and after the minor’s placement for adoption;
(4) living expenses of a mother for a reasonable time before the birth of her child and for no more than six weeks after the birth;
(5) expenses incurred in ascertaining the information required by section 2-105 of this title;
(6) expenses incurred for legal services, court costs, and other administrative expenses connected with an adoption, including any legal services performed for a parent who consents to the adoption of a minor or relinquishes the minor to an agency;
(7) transportation for services provided under subdivision (2), (3), or (6) of this subsection;
(8) expenses incurred in obtaining a preplacement evaluation and an evaluation during the proceeding for adoption; and
(9) any other service or expense the court finds is reasonable and necessary.
(b) A parent or a guardian, a person acting on the parent’s or guardian‘s behalf, or a provider of a service listed in subsection (a) of this section may receive or accept a payment authorized by subsection (a). The payment may not be made contingent on the placement of a minor for adoption, relinquishment of the minor, or consent to the adoption. If the adoption is not completed, a person who is authorized to make a specific payment by subsection (a) is not liable for that payment unless the person has agreed in a signed writing with a provider of a service to make the payment regardless of the outcome of the proceeding for adoption. If the adoption is not completed, an adoptive parent is liable only for agreed upon expenses which are permitted under this section and were incurred prior to the termination of the adoption process.
(c) Except for the expenses authorized by subdivisions (a)(4) and (a)(7) of this section, no payments as authorized in subsection (a) shall be paid directly to a parent without prior court approval, but instead will be paid to service providers or to an agency. (Added 1995, No. 161 (Adj. Sess.), § 1.)