Reports of people facing arrest for accepting compensation for adoption have turned up in news outlets recently. What does that mean? In Arkansas, accepting compensation for adoption is a felony, punishable by 3 to 10 years in prison and a fine of up to $10,000. It refers to the practice of selling a baby. News stories have reported transactions ranging from $50 to $1,000 and in some cases other items of value such as beer or used clothing. The amount or value of the compensation is not the issue. It is simply illegal to trade a child for any kind of compensation.
What does “compensation” mean?
We often hear the word “compensation” as a description of wages or payments made for work or for goods. It describes a financial transaction. In the news reports about these cases, it is clear that the parent(s) of a child handed that child over to another person in exchange for money or goods, as a transaction. They essentially sold their baby. Just as slavery is not legal, selling a baby is not legal.
How does this relate to adoption?
A legal adoption is never a question of selling a baby. It never involves compensation for the parents of a child. That’s why the crime is called “accepting compensation for adoption.” This is a crime, not a part of legal adoption.
Here’s where things can feel confusing. Adoption involves costs. There are legal fees and court costs, and the social worker who does a home study will be compensated. What’s more, the birth mother can also receive financial assistance from the adoptive parents. Help with medical expenses and living expenses during pregnancy and birth can make it possible for a birth mom to have a healthy baby and for the adoptive parents to grow their family through adoption. It is not compensation, or a payment to the birth mother.