FAQ'S |
FAQ's
about Birth Mother Expenses Standards
For The Payment of Allowable and Appropriate
Frequently Asked Questions
Who may be supported?The statute refers to expenses “of the mother”, therefore any financial assistance provided must be for her support. By extension, if a birth mother is under a legal duty to support another person, such as a child or a disabled husband, the amount of assistance provided to the birth mother should reflect that legal obligation. This is assistance to her, not to the third party she is supporting. In the absence of a legal obligation of support on the part of a birth mother, it is improper to support her boyfriend or other persons. If a birth mother is cohabiting with another person, the other person ought to be expected to pay an equitable share of common expenses such as rent, groceries, or utilities. top of page ^
What is the duration of the financial assistance? The statute provides
that assistance may be provided for the period “preceding
and during confinement”. The terms “confinement” is
undefined, and has never been interpreted in an reported decision.
However, in all likelihood, a court would define “confinement” as “pregnancy
related disability or unemployability”. Obstetricians generally
consider a woman “disabled” for two (2) to six (6)
weeks after delivery in the case of a normal vaginal delivery,
or four (4) to eleven (11) weeks in the case of a caesarian delivery.
Therefore, it is legally appropriate for adopting parents to
assist with a birth mother’s expenses until her medical
disability is ended, in the professional judgment of her physician. top of page ^
What expense items are allowable?Under the statue, only expenses “related to the pregnancy” may be paid. These would include maternity clothing, and the cost of such clothing will be dependent to some extent upon the state of the woman’s wardrobe at the time of conception. However, maternity clothing purchased or reimbursed by the adopting parents for the birth mother should not exceed $500.00, absent some compelling reason for a greater expenditure. top of page ^
HousingHousing should be comfortable but unostentatious, and should not be unreasonably in excess of a birth mother’s accustomed lifestyle. top of page ^
GroceriesIt is also appropriate for adopting parents to assist with groceries and sundries, the cost of which should not exceed $400.00 per month for a woman living alone, or $500.00 per month if she has a child to feed as well. top of page ^
TransportationTransportation expenses may be payable as well. If a woman is to travel to California to give birth and place a child for adoption, it is appropriate for adopting parents to pay her travel expenses, including a return ticket after the adoption. A birth mother also needs transportation to and from doctor and counseling appointments; thus assistance with a bus pass or payment of actually incurred taxi fares is permissible. top of page ^
Cars and TransportationAn adopting parent may not under any circumstances buy a car for a birth parent, since the purchase of a car is not a “maternity connected” expense under the statute. However, if a birth mother is making payments upon a pre-existing car loan, the adopting parents may assist with those payments for the limited duration sent forth in Section B, above. This assistance may also extend to her gasoline, automobile insurance expense, and car repairs necessary to keep the vehicle safely operable, provided it can be characterized as a minor repair and not an improvement or enhancement of the vehicle. It is also proper to rent a car for a birth mother’s use for the limited time set forth above. Generally, transportation expenses are payable only for the birth mother and those persons she is under a legal obligation to support, and the adopting parents ought not to be asked or expected to pay or reimburse for transportation for other persons. However, if a birth mother is traveling a distance to give birth it is appropriate to assist with travel expenses for her mother, older sister, or other individual who is the birth mother’s primary emotional support person. top of page ^
DentalRoutine dental care may properly be provided to a birth mother during her “confinement” at the expense of the adopting parents. This does not extend to bridges, crowns, orthodontia work, or other corrective dental work unrelated to the pregnancy. top of page ^
FurnitureIf a birth mother needs furniture, this should be dealt with through rental of furniture. It is not proper to give a birth mother tangible long-term assets such as furniture or a car, for this is clearly beyond the allowed scope of expenses under the statute. top of page ^
Moving/RelocationIf placement of a child for adoption necessitates a move by a birth mother, reasonable moving expenses may be properly be paid by the adopting parents, but only when the move is one of necessity rather than of convenience. This applies to storage of a birth mother’s belongings as well. top of page ^
Other IncomeIn determining what living expenses are reasonable and necessary, other sources of income available to the birth mother should be considered. top of page ^
Loans to Birth MothersA loan is something of value, and the statute applies to payment of “anything of value”, therefore a loan to a birth mother is proper only if it meets all of the tests set forth in the statute. The loan also must be disclosed in the Account Report filed with the court pursuant to Family Code Section 8610. Loans to a birth mother ought to be avoided as it is highly undesirable to create a debtor/creditor relationship between the parties to an adoption. top of page ^
Loss of IncomePenal Code Section 273 allows assistance with “expenses”; loss of income is not an expense. Therefore, adopting parents may not reimburse a birth mother her loss of income occasioned by the pregnancy. In most cases, the income would be used to pay necessary living expenses anyway, so if adopting parents pay the living expenses of a birth mother as well as reimburse her loss of income, they will in effect be reimbursing her twice–once for her living expenses and once for her lost income which would amount to double payment. However, if a birth mother is earning substantially more than she spends on living expenses, nonpayment of her loss of income may have an inequitable impact which is unfortunately unavoidable under the current wording of the statute. top of page ^
Purpose of Guidlines The
Academy of California Adoption Lawyers (“ACAL”) has
prepared these guidelines to discourage abuse of the adoption
process and create a greater degree of certainty as to the application
of Penal Code Section 273. The Academy urges the courts to examine
closely the Adoption Expenses Report filed in every adoption
in compliance with Family Code Section 8610. Variations from
these guidelines may be necessary or warranted by the facts of
an occasional case.
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