2000 Legislation
Print Friendly

HOUSE BILL NO. 507 – Adoption, birthparent expenses

HOUSE BILL NO. 507

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0507................................by JUDICIARY, RULES AND ADMINISTRATION
ADOPTION - Amends existing law to allow certain financial assistance to a
birthparent; to allow court approved financial assistance be provided to
birthparents for reasonable maternity, living and post partum costs; to
provide a limit of two thousand dollars on such financial assistance unless
otherwise approved by the court; and to provide that the financial
assistance shall be considered a charitable gift.
                                                                        
02/04    House intro - 1st rdg - to printing
02/07    Rpt prt - to Jud
02/18    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 58-2-10
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Denney,
      Ellsworth, Field(20), Gagner, Hadley, Hansen(23), Hansen(29),
      Henbest, Hornbeck, Jaquet, Jones, Kempton, Kendell, Kunz, Lake,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moss, Moyle, Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
      Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
      Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wood, Zimmermann
      NAYS -- Crow, Judd
      Absent and excused -- Deal, Field(13), Geddes, Gould, Hammond,
      Kellogg, Linford, Pischner, Wheeler, Mr Speaker
    Floor Sponsor - Sellman
    Title apvd - to Senate
02/25    Senate intro - 1st rdg - to Health/Wel
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/28    3rd rdg - PASSED - 28-7-0
      AYES--Andreason, Branch, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Frasure, Geddes, Hawkins,
      Ingram, Ipsen, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch,
      Sandy, Sorensen, Stegner, Thorne, Wheeler, Williams
      NAYS--Boatright, Dunklin, Keough, King-Barrutia, Schroeder, Stennett,
      Whitworth
      Absent and excused--None
    Floor Sponsor - Ipsen
    Title apvd - to House
03/29    To enrol
03/30    Rpt enrol - Sp signed - Pres signed
03/31    To Governor
04/04    Governor signed
         Session Law Chapter 172
         Effective: 07/01/00

Bill Text


 H0507
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 507
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ADOPTION; AMENDING SECTION 18-1511, IDAHO CODE, TO  ALLOW  CERTAIN
  3        FINANCIAL  ASSISTANCE TO A BIRTH PARENT, TO ALLOW COURT APPROVED FINANCIAL
  4        ASSISTANCE BE PROVIDED BIRTH PARENTS FOR REASONABLE MATERNITY, LIVING  AND
  5        POST  PARTUM  COSTS,  PROVIDING  A  LIMIT  OF TWO THOUSAND DOLLARS ON SUCH
  6        FINANCIAL ASSISTANCE UNLESS OTHERWISE APPROVED BY THE  COURT,  TO  PROVIDE
  7        THAT THE FINANCIAL ASSISTANCE SHALL BE CONSIDERED A CHARITABLE GIFT AND TO
  8        MAKE A TECHNICAL CORRECTION.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section 18-1511, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        18-1511.  SALE OR BARTER OF CHILD FOR ADOPTION OR OTHER PURPOSE  PENALIZED
 13    --  ALLOWED EXPENSES. Any person or persons who shall sell or barter any child
 14    for adoption or for any other purpose, shall be guilty of a felony,  and  upon
 15    conviction shall be punished by imprisonment in the state penitentiary for not
 16    more  than  fourteen  (14)  years, or by a fine of not more than five thousand
 17    dollars ($5,000), or by both such fine and imprisonment.
 18        Provided however, this section shall not prohibit any person, or  adoption
 19    agency  from  providing,  in  addition  to legal and medical costs, reasonable
 20    maternity and living expenses during the pregnancy and for  a  period  not  to
 21    exceed six (6) weeks post partum based upon demonstrated financial need.
 22        Any person or agency, seeking to provide financial assistance in excess of
 23    five hundred dollars ($500) shall do so after informally submitting to a court
 24    of competent jurisdiction, a verified financial plan outlining proposed expen-
 25    ditures.  The  court  may  approve  or amend such a proposal. Only after court
 26    approval shall assistance totaling  more  than  five  hundred  dollars  ($500)
 27    become  available  to  the  birth  parent.  A  prospective adoptive parent, or
 28    another person acting on behalf of a prospective adoptive parent,  shall  make
 29    payments  for  allowed  expenses only to third party vendors, as is reasonably
 30    practical.  All actual expenditures shall be presented by  verified  affidavit
 31    of counsel or the agency at the time of the adoption finalization.
 32        No  financial  assistance  to  a  birth parent shall exceed the sum of two
 33    thousand dollars ($2,000) unless  otherwise  authorized  by  the  court.   The
 34    financial assistance contemplated by this section shall be considered a chari-
 35    table  gift, not subject to recovery under the terms of section 16-1515, Idaho
 36    Code.

Statement of Purpose / Fiscal Impact


     
     
                STATEMENT OF PURPOSE 
                       RS09763 
                           
     This bill amends Idaho's current law that prohibits payment of expenses for birth
     mothers who are placing their children for adoption, and allows payment of
     certain expenses, with restrictions. 
     
     The purpose of this legislation is to promote and encourage adoptions. Often
     expectant mothers wishing to place their children for adoption are unable to work
     during their last weeks of pregnancy and are in need of assistance for rent, 
     food, clothing, and other living expenses. Some mothers choose to go to
     neighboring states because nearly all states allow reimbursement of reasonable
     expenses that Idaho currently prohibits. 
     
     This bill would allow for reimbursement of reasonable living expenses up to
     $2,000, with approval of the court, to birth mothers placing children for adoption. 
     
     
                     FISCAL NOTE 
     
     There will no fiscal impact to the State of Idaho or any other government entity. 
     
     
     
     
     
               CONTACT:   Sen Grant Ipsen
                (208) 332-1000 
                Gary Montgomery
                (208) 378-8882 
     
                                                                 STATEMENT OF PURPOSE/ FISCAL NOTE                             H 507