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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
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
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