[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5064 Introduced in House (IH)]







108th CONGRESS
  2d Session
                                H. R. 5064

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2004

   Mr. Kennedy of Minnesota introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
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.''.
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