Sunday, February 7, 2010

TN bill written by Rep. Mark Maddox

After the scam, I contacted hundreds of politcal officials. TN State Rep Mark Maddox responded and wrote the following bill. He did present the bill, but it was "pushed back" by adoption attorneys in Nashville.


Summary of the TN bill:
*SB1713 by *Herron. (HB2096 by *Maddox.)

Adoption - Creates fraud offenses and a civil cause of action
in certain circumstances involving birth mothers and prospective
adoptive parents or families. - Amends TCA Title 36 and Title39.

iscal Summary for *SB1713 / HB2096
Increase State Expenditures - $6,600 / Incarceration*

Bill Summary for *SB1713 / HB2096

Under this bill, it would be a Class E felony for a woman to
represent herself to a prospective adoptive parent or family as
either:

(1) Being pregnant when she knows she is not and to acceptfunds from
the parent or family during the alleged pregnancy; or
(2) Being willing to allow such parent or family to adopt herunborn
child and to accept funds from the family during her pregnancy with
the intent not to allow such adoption.

In addition to probation, incarceration, or criminal fines,this bill
requires the sentencing court to sentence an offender to payfull
restitution to the parent or family for all the funds paid tothe
offender by the parent or family during the pregnancy or alleged pregnancy.

This bill also authorizes a cause of action for a parent or family to
bring suit against a woman for the full restitution of all thefunds
the parent or family paid to her during her pregnancy, if:
(1) The woman represents herself to a prospective parent or family asbeing
willing to allow the parent or family to adopt her unbornchild and
accepts funds from the family during her pregnancy; and
(2)Throughout the pregnancy she intends to give the child up tothe
parent or family for adoption, but when the child is born she does
not follow through with the adoptive plans.

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