§60.13 Financial Assistance

• Jurisdiction: Washington

§ 60.13 FINANCIAL ASSISTANCE

Many birth parents decide to make an adoptive placement because they simply do not have the financial resources to provide for and raise a child. Thus, it is common for a birth parent to request some financial assistance. Washington statutes offer some guidance.

It is very clear that the selling or purchasing of a child is a crime. RCW 9A.64.030. However, expenses paid pursuant to a court order, and medical and legal payments made in transferring custody of a child, do not constitute a sale or purchase. RCW 9A.64.030(2)(e), (f).

When financial assistance to a birth mother is anticipated, you should obtain a declaration from the birth parent regarding her financial aid needs. The declaration should state that any funds or assistance obtained from the prospective adoptive parents is in the nature of a gift and that the birth mother knows she has the right and the ability to change her mind at any time. This declaration then can be used to support a petition seeking a court order authorizing such payments. The declaration not only indicates that there is no quid pro quo, but that the birth mother is proceeding on a voluntary basis, with no pressure to carry through with the stated intent to place.

Whenever possible, the order should provide direct payment to service providers, e.g., a landlord or the utility company. When support is provided for food, maternity clothes, or other supplies, a gift card generally should be used. The financial assistance requested should be reasonable in amount and reasonably related to the needs of the expectant mother. There is, of...