63.2-1218 - Certain exchange of property, advertisement, solicitation prohibited; penalty.
§ 63.2-1218. Certain exchange of property, advertisement, solicitationprohibited; penalty.
No person or child-placing agency shall charge, pay, give, or agree to giveor accept any money, property, service or other thing of value in connectionwith a placement or adoption or any act undertaken pursuant to this chapterexcept (i) reasonable and customary services provided by a licensed or dulyauthorized child-placing agency and fees paid for such services; (ii) paymentor reimbursement for medical expenses and insurance premiums that aredirectly related to the birth mother's pregnancy and hospitalization for thebirth of the child who is the subject of the adoption proceedings, for mentalhealth counseling received by the birth mother or birth father related to theadoption, and for expenses incurred for medical care for the child; (iii)payment or reimbursement for reasonable and necessary expenses for food,clothing, and shelter when, upon the written advice of her physician, thebirth mother is unable to work or otherwise support herself due to medicalreasons or complications associated with the pregnancy or birth of the child;(iv) payment or reimbursement for reasonable expenses incurred incidental toany required court appearance including, but not limited to, transportation,food and lodging; (v) usual and customary fees for legal services in adoptionproceedings; and (vi) payment or reimbursement of reasonable expensesincurred for transportation in connection with any of the services specifiedin this section or intercountry placements as defined in § 63.2-100 and asnecessary for compliance with state and federal law in such placements. Noperson shall advertise or solicit to perform any activity prohibited by thissection. Any person violating the provisions of this section shall be guiltyof a Class 6 felony. The Commissioner is authorized to investigate cases inwhich fees paid for legal services appear to be in excess of usual andcustomary fees in order to determine if there has been compliance with theprovisions of this section.
(1989, c. 647, § 63.1-220.4; 1993, c. 553; 1995, cc. 772, 826; 2000, c. 830,§ 63.1-219.25; 2002, c. 747.)