New York's Laws on Living Expenses
New York
Birth Parent Expenses Allowed Statute: Soc. Serv. § 374(6)
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• Reasonable and actual nursing,
medical, and hospital costs
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• Reasonable and actual legal
fees
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• Reasonable expenses for
housing, maternity clothing, clothing for the child, and transportation
Birth Parent Expenses Not Allowed Statute: Soc. Serv. §
374(6)
Payment of living
expenses shall not extend for 60 days prior to the birth, and 30 days after the
birth, unless the court determines that there are exceptional circumstances.
Allowable Payments for Arranging Adoption Statute: Soc. Serv. §
374(6)
No person or
entity, except for an authorized agency, shall receive payment for placing a
child or assisting a parent in arranging a placement.
Allowable Payments for Relinquishing Child Statute: Soc. Serv.
§ 374(6)
No person or
entity, except for an authorized agency, shall request, accept, or receive
compensation or anything of value in connection with the placing out or adoption
of a child.
Allowable Fees Charged by Department/Agency Statute: Soc. Serv.
§ 374(6)
An authorized agency may
charge a fee for the reasonable and necessary expenses of placement.
Accounting of Expenses Required by Court Statute: Dom. Rel. §
115(8)
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• In a private placement
adoption, the adoptive parent will present an affidavit describing all fees and
other payments made or promised.
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• The attorney representing the
adoptive parents must also present an affidavit describing all fees and
compensation paid in relation to the adoption.
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