Section 453.075

Title XXX DOMESTIC RELATIONS

Chapter 453

Effective - 28 Aug 1998   

  453.075.  Petitioner in adoption proceeding to give accounting, when — contents — consequences of impropriety. — 1.  The court shall require the petitioner in any proceeding for adoption to file at the time of filing the petition for permission to adopt, a signed and verified full accounting of any money, anything of value or other consideration paid or transferred by or on behalf of the petitioner in connection with the placement or adoption.  The accounting shall show all payments or transfers made or to be made or consideration given or promised by or on behalf of the petitioner in connection with the placement or adoption, including:

  (1)  Hospital, medical and physician expenses incurred by the mother or a child in connection with the birth and any illness of the newborn child;

  (2)  Counseling services for a parent or child for a reasonable time before and after the child's placement for adoption;

  (3)  Expenses incurred in obtaining a preplacement assessment and an assessment during the proceeding for adoption;

  (4)  Reasonable legal expenses of the birth parents and adoptive parents, court costs and travel or other administrative expenses connected with an adoption;

  (5)  Reasonable living expenses, including but not limited to food, shelter, utilities, transportation or clothing expenses  of the birth parents and child which are within the norms of the community in which the birth mother resides; and

  (6)  Any other services or items the court finds are reasonably necessary.

  2.  The court may decline to issue a decree of adoption and, in the event one of the petitioners is not a biological or adoptive parent of the child, may order the transfer of lawful custody from the petitioners to a licensed child-placement agency if, after a hearing, it determines:

  (1)  That any of the payments, transfers or consideration were unreasonable; or

  (2)  That any of the payments, transfers or consideration were other than those permitted under section 568.175; or

  (3)  That the petitioner has failed to report all of the payments, transfers or consideration given by or on behalf of the petitioner in connection with the placement or adoption.

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(L. 1985 H.B. 366, et al., A.L. 1989 H.B. 51, A.L. 1990 H.B. 1296, A.L. 1997 H.B. 343, A.L. 1998 H.B. 1918 merged with S.B. 674)