Bill Text: TX HB4198 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the payment by prospective adoptive parents of certain expenses of the birth mother.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-19 - Left pending in committee [HB4198 Detail]
Download: Texas-2017-HB4198-Introduced.html
By: Cyrier | H.B. No. 4198 |
|
||
|
||
relating to the payment by prospective adoptive parents of certain | ||
expenses of the birth mother. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 162, Family Code, is amended by adding | ||
Subchapter H to read as follows: | ||
SUBCHAPTER H. DIRECT PAYMENT OF CERTAIN BIRTH MOTHER EXPENSES | ||
Sec. 162.651. DEFINITION. In this subchapter, "birth | ||
parent" has the meaning assigned by Section 162.402. | ||
Sec. 162.652. REQUEST FOR PAYMENT OF EXPENSES. (a) A birth | ||
parent may make a written request to a licensed attorney | ||
representing the prospective adoptive parent or parents for payment | ||
of expenses of the birth mother, including attorney fees, medical | ||
fees and expenses, counseling fees, or necessary pregnancy-related | ||
expenses, incurred in connection with the pregnancy, the child's | ||
birth, the placement of the child with the adoptive parent or | ||
parents, or the adoption. | ||
(b) The birth parent shall provide the licensed attorney | ||
representing the prospective adoptive parent or parents written | ||
receipts for any money provided pursuant to a request under | ||
Subsection (a). | ||
Sec. 162.653. ACCOUNTING. (a) Before the date set for the | ||
hearing on the petition for adoption, the licensed attorney | ||
representing the prospective adoptive parent or parents shall file | ||
with the court a full accounting report of all disbursements made or | ||
agreed to be made under Section 162.652(a). | ||
(b) The accounting must be itemized and for each expense | ||
show the date and the ultimate recipient of the funds. | ||
Sec. 162.654. NONAPPLICABILITY. This subchapter does not | ||
apply to an adoption by a stepparent in which one birth parent or | ||
adoptive parent retains conservatorship of the child. | ||
SECTION 2. Section 25.08(b), Penal Code, is amended to read | ||
as follows: | ||
(b) It is an exception to the application of this section | ||
that the thing of value is: | ||
(1) a fee or reimbursement paid to a child-placing | ||
agency as authorized by law; | ||
(2) a fee paid to an attorney, social worker, mental | ||
health professional, or physician for services rendered in the | ||
usual course of legal or medical practice or in providing adoption | ||
counseling; | ||
(3) a reimbursement of legal or medical expenses | ||
incurred by a person for the benefit of the child; [ |
||
(4) a necessary pregnancy-related expense paid by a | ||
child-placing agency for the benefit of the child's parent during | ||
the pregnancy or after the birth of the child as permitted by the | ||
minimum standards for child-placing agencies and Department of | ||
Family and Protective [ |
||
(5) a payment made to a birth parent by a licensed | ||
attorney under Subchapter H, Chapter 162, Family Code. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a payment made on or after the effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2017. |