2016 Maryland Code
Family Law
Title 5 - Children
Subtitle 3A - Private Agency Guardianship and Adoption
Part V - Prohibited Acts
§ 5-3A-45. Prohibited payments

(a) Prohibited act. -- 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 family; or

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

(b) Construction of section. --

(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:

1. a customary and reasonable charge or fee for adoption counseling, hospital, legal, or medical services;

2. reasonable expenses for transportation for medical care associated with the pregnancy or birth of the child;

3. reasonable expenses for food, clothing, and shelter for a birth mother if, on written advice of a physician, the birth mother is unable to work or otherwise support herself because of medical reasons associated with the pregnancy or birth of the child; or

4. reasonable expenses associated with any required court appearance relating to the adoption, including transportation, food, and lodging expenses; 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) Duty of State's Attorney. -- Each State's Attorney shall enforce this section.

(d) Penalties. -- 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.