To prohibit the giving or acceptance of payment for the placement of a child, or obtaining consent to adoption.

July 22, 2004

Mrs. CLINTON introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To prohibit the giving or acceptance of payment for the placement of a child, or obtaining consent to adoption.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Baby Selling Prohibition Act of 2004'.

SEC. 2. PROHIBITION.

(a) IN GENERAL- Chapter 77 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 1596. Accepting or charging excess amounts in connection with the placement of a child or obtaining consent to adoption

`(a) DEFINITION OF MINOR- In this section, the term `minor' has the same meaning as in section 25(a)(2).

`(b) IN GENERAL- Whoever, in connection with the adoption of a minor, knowingly accepts or charges any fee in excess of the allowable costs for adoption, as those costs are defined under the law of the State in which the adoption is finalized, shall be imprisoned for not more than 10 years.

`(c) ALLOWABLE COSTS- If, under the law of any State in which an adoption is finalized, the allowable costs associated with the adoption of a minor are not defined, the allowable costs for purposes of this section shall be--

`(1) maternity-related medical and costs;

`(2) travel, meal, and lodging costs accrued when necessary for court appearances;

`(3) counseling fees;

`(4) fees to cover pre- and post-adoption counseling provided by a licensed health practitioner;

`(5) attorney and legal fees associated with the adoption;

`(6) foster care for the child to be adopted; and

`(7) foster care for the child to be adopted, and costs associated with medical care, routine care, travel, and living expenses of the child to be adopted.

`(d) LIMITATION- All costs described under subsection (b) or (c) shall be reasonable and customary within the State in which the adoption is finalized.

`(e) APPLICABILITY- This section shall apply to all individuals, intermediaries, or entities involved in the adoption of a minor.'.

(b) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 77 of title 18, United States Code, is amended by adding at the end the following:

`1596. Accepting or charging excess amounts in connection with the placement of a child or obtaining consent to adoption.'.

END