What is the birth mother entitled to receive from an adoptive parent?

UPDATED: Nov 12, 2010

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What is the birth mother entitled to receive from an adoptive parent?

My daughter has chosen adoption and she’s due in December. The adoptive mother doesn’t have to pay for her medical bills, she has Medicaid. However, the lady is paying her hotel bill and food expenses. My daughter has 3 other children and they only send her $100 a week for expenses. She’s applied for assistance but it hasn’t come through yet. Is she entitled to any more help from the adoptive mother since she doesn’t pay medical expenes for my daughter or is there a limit in TX as to how much they can pay for other expenses? That’s not enough for food on top of other expenses.

Asked on November 12, 2010 under Family Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

By law, the adoptive parent has NO financial obligations to the birth mother. That's not to say that the adoptive parent(s) may not choose to pay expenses or a stipend to the birth mother, or that they may not enter into an enforceable agreement or contact with the birth mother to do that...but if they do, that is the choice of the parties. There  is no requirement to pay the birth mother.

Any agreement, btw, is something that the parties need to be careful of. As you're no doubt aware, it's illegal to "sell" children; even an agreement for the support of the birth mother, if it's too generous or drafted the wrong way, could look like it's compensation or payment for the child. It would be best if any agreement is reviewed by an attorney with some experience in this area to make sure it complies with the law.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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