Senate RS 32109 would require adoptive parents to pay counseling, legal costs for birth mothers; committee sends Rs to print

Senator Tammy Nichols (R-10) introduced RS 32109 to the Senate Judiciary and Rules Committee, a proposed addition to Idaho Code §18-15-11 that would require prospective adoptive parents to pay for certain counseling and legal services offered to birth mothers during the adoption process. The committee voted to send the RS to print.

Nichols described the draft as “a pretty straightforward, piece of legislation” that would add two counseling requirements paid by adoptive parents: a pre-placement counseling requirement of at least three sessions and a post-placement counseling requirement of at least six sessions. The draft also would inform birth mothers that they “can receive legal counsel and counseling services of their choice and the cost, is covered by the prospective adoptive parents,” according to Nichols’ presentation.

Senator Uchte asked whether the bill includes language requiring fees to be “reasonable.” Nichols and the chair directed attention to the draft’s provisions: the RS includes a reference to “reasonable maternity and living expenses” (page 1, line 33 in the draft) and a separate provision requiring court review and approval of plans where expenses exceed $2,000 (page 1, lines 39–41). Nichols acknowledged those provisions.

Senator Wintrow clarified that the RS is permissive — it allows counseling and legal costs to be paid by adoptive parents if the participants opt for those services. Nichols confirmed that description.

Following presentation and questions, Senator Lent moved to send RS 32109 to print; Senator Keiser seconded the motion. Senators present voted aye and the motion carried; the RS will be printed for further legislative consideration.