Turner Padget Insights

Financial Compensation to a Birth Mother under Georgia Adoption Law

Posted On April 23, 2020

In third-party adoption cases, a question that frequently arises is whether a prospective adoptive parent can provide financial compensation to a birth mother. As a prospective adoptive parent clearly has an interest in the health and well-being of the unborn child (and by consequence, the health and well-being of the birth mother), such prospective parents often want to provide financial assistance to the birth mother during the birth mother’s pregnancy and delivery. But what exactly is allowed?

In 2018, the Georgia Adoption Code was updated, providing specific details on the permissibility of such payments, which were previously forbidden absent involvement of a child-placing agency. The obvious concern with such payments is that people would engage in the practice of “buying” and “selling” babies—a horrendous thought, but a concern that cannot be ignored. Because of this underlying concern, a prospective parent’s ability to financially provide for a birth mother is fairly narrow and strictly regulated under Georgia law.

While inducements are strictly forbidden, a prospective adoptive parent may reimburse “reasonable expenses for rent, utilities, food, maternity garments, and maternity accessories for the biological mothers.” While this list seems clear on its face, questions such as “what constitutes a maternity accessory” are not uncommon. The legislature has not provided a great deal of clarity on the subject, but items such as a belly support band or compression socks seem to fit said definition. Prospective parents may also pay or reimburse medical expenses directly related to the pregnancy and hospitalization for the birth of the child and medical care for the child, as well as counseling and legal services directly related to the placement of the child.

It should be noted that all such payments from a prospective parent to a birth mother must be paid from the attorney’s trust account and cannot be made directly from the prospective adoptive parent to the birth mother. All funds must go through the attorney’s trust account, and the attorney is then tasked with including a detailed accounting of all such expenses with the adoption petition.

While child-placing agencies still have more leeway under the 2018 Georgia Adoption Code, prospective parents who choose to move forward without the assistance of an agency now have a limited ability to assist a birth mother with expenses associated with pregnancy and delivery. It is, however, critical, that all payments be made through and attorney’s trust account, and that said payments are limited to the expenses set forth in the Code.

Jacki Thomas’s practice includes family law, with an emphasis on adoption law, and probate matters. Jacki has presented on the 2018 Georgia Adoption Code to other attorneys and colleagues, and has also authored written material on the subject. She takes great pride in ensuring that her clients’ matters are handled correctly, with great attention to detail. Jacki can be reached at jthomas@turnerpadget.com or 706-860-7595.