§ 34-24-3-1.5 Pecuniary loss by prospective adoptive parent

Codes > Indiana Code > Title 34 > Article 24 : Chapter 3 > 34-24-3-1.5 Pecuniary

34-24-3-1.5 Pecuniary loss by prospective adoptive parent

    Sec. 1.5. (a) If a prospective adoptive parent suffers pecuniary loss as a result of a violation of IC 35-46-1-9.5, the prospective adoptive parent may bring a civil action against a person who benefits from adoption related expenses in violation of IC 35-46-1-9.5, even if the person has not been prosecuted or convicted of the offense under IC 35-46-1-9.5. In an action under this subsection, a prospective adoptive parent may seek an award of the following:

        (1) Actual damages caused by the violation if the prospective adoptive parent has not been awarded damages under IC 35-46-1-9.5.

        (2) An amount not to exceed three (3) times the amount of actual damages of the prospective adoptive parent suffering the loss.

        (3) The costs of the action.

        (4) A reasonable attorney's fee.

    (b) A prospective adoptive parent may bring a civil action against a person who commits unauthorized adoption facilitation under IC 35-46-1-22, even if the person has not been prosecuted or convicted of the offense under IC 35-46-1-22. In an action under this subsection, a prospective adoptive parent may seek an award of the following:

        (1) An amount not to exceed three (3) times the amount that the prospective adoptive parent paid for the adoption services provided to the prospective adoptive parent in the commission of unauthorized adoption facilitation under IC 35-46-1-22.

        (2) The costs of the action.

        (3) A reasonable attorney's fee.