Art. 1283.2.  Permissible reimbursement of expenses

A.  The petitioner shall file with the petition a preliminary estimate and accounting of fees and charges in accordance with Article 1283.3.  The petitioner also shall file a final Adoption Disclosure Affidavit with the court not later than ten days prior to the date scheduled for the final hearing on the adoption.

B.  Payments made by or on behalf of the adoptive parents or their representative to the department or to a child-placing agency or its agent or any broker for reimbursement of the following expenses are permissible and not a violation of R.S. 14:286:

(1)  Reasonable medical expenses, including hospital, testing, nursing, pharmaceutical, travel, or other similar expenses incurred by the biological mother for prenatal care and those medical and hospital expenses incurred by the biological mother and child incident to birth.

(2)  Reasonable medical expenses, including hospital, testing, nursing, pharmaceutical, travel, or other similar expenses and foster care expenses incurred on behalf of the child prior to the decree of adoption.

(3)  Reasonable expenses incurred by the department or the agency for adjustment counseling and training services provided to the adoptive parents and for home studies or investigations.

(4)  Reasonable administrative expenses incurred by the department or the agency, including overhead, court costs, travel costs, donations required by an orphanage, notarial and interpreter fees, emigration permit costs, and attorney fees.

(5)  Any other specific service or fee the court finds is reasonable and necessary.

C.  The payment of expenses permitted by Paragraph B may not be made contingent on the placement of a child for adoption, relinquishment of the child, or consent to the adoption.

D.  Adoptive parents shall pay to the department any of the expenses listed in Paragraph A of this Article which may be imposed by the department.  Such payments shall be imposed solely at the discretion of the department.  The department shall not include payment of the expenses listed in Paragraph A of this Article as a requirement for adoption.

E.  If a court determines from an accounting that an amount that is going to be or has been disbursed for expenses permitted by Paragraph B is unreasonable, it shall order a reduction in the amount  disbursed, or to be disbursed, and order the person who received the disbursement to refund that portion.

F.  If a court determines from an accounting that an amount is going to be or has been disbursed for expenses not permitted by Paragraph B, it may:

(1)  Issue an injunction prohibiting the disbursement or order the person who received the disbursement to refund it.

(2)  Inform the district attorney for the consideration of criminal charges pursuant to R.S. 14:286.

(3)  If in the best interest of the child, the court may also refuse to approve the adoption.

G.  The court shall not issue a final decree of adoption until it has reviewed and approved the final accounting.

H.  A copy of the Adoption Disclosure Affidavit and all orders of the court pursuant to this Article shall be mailed to the office of children and family services, Department of Children and Family Services.

Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.