2013 Maryland Code
§ 5-362 - Prohibited payments

MD Fam L Code § 5-362 (2013) What's This?


(a) Except as otherwise provided by law, a person may not charge or receive, from or for a parent or prospective adoptive parent, any compensation for a service in connection with:

(1) placement of an individual to live with a preadoptive parent, as defined in § 3-823(i)(1) of the Courts Article; or

(2) an agreement for custody in contemplation of adoption.

(b) (1) In this subsection, “Administration” means the Social Services Administration of the Department.

(2) This section does not:

(i) prohibit payment, by an interested person, of a customary and reasonable charge or fee for hospital, legal, or medical services; or

(ii) prevent the Administration, or a person that the Administration licenses or supervises, from receiving and accepting reasonable reimbursement for costs of an adoptive service in connection with adoption, if:

1. the reimbursement is in accordance with standards set by regulation of the Administration; and

2. the ability to provide this reimbursement does not affect:

A. the acceptability of any individual for adoptive services; or

B. the choice of the most suitable prospective adoptive parent.

(c) Each State’s Attorney shall enforce this section.

(d) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 3 months or both, for each offense.

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