Bill Description: Senate Bill 1104 would add counseling services to the scope of medical services that are typically provided to birth parents by those seeking to adopt a child. 

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NOTE: Senate Bill 1104 is related to Senate Bill 1050, which was introduced earlier this session. 

Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?

Senate Bill 1104 would amend Section 18-1511, Idaho Code, to say that the "medical costs" of the birth parents, which are typically covered by an adoption agency or prospective adoptive parents, "shall include counseling services." 

It also says that these counseling services "may include up to three (3) pre-placement counseling sessions and up to six (6) post-placement counseling sessions."

It further states that a person or adoption agency providing financial assistance to birth parents "shall notify the birth parents that they are entitled to receive legal advice from an attorney of their choosing and counseling services from a licensed counselor."

The laws governing these matters are somewhat contradictory. It appears that adoptive parents or adoption agencies are not required to provide financial assistance to birth parents, but if they do, they must assist with the costs of medical and legal services. And under this bill, those medical services must include counseling services. 

In other words, prospective adoptive parents cannot simply agree to pay a fixed dollar amount of financial support. They must instead agree to cover legal and medical costs if they want to provide financial support. 

Senate Bill 1104 compounds this problem by requiring that if medical costs are covered, they must include counseling services.

Adoptive parents should be able to provide financial support to birth parents without government micromanaging the terms of the agreement.

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