DMR.1.8.090 Agreements Between Birth Mothers and Adoptive Parents

(a) Any agreement, to be enforceable between a birth mother and an adoptive parent, where either party is a member of the Tribe, for the payment of fees or expenses, including those expenses referred to in Section DMR.1.8.020(c)(5) of this ordinance, relating to the adoption of any child as defined in Section DMR.1.8.090(c) below, shall be in writing.

(b) Any agreement between a birth mother and an adoptive parent or parents for the payment of fees or expenses, including those expenses referred to in Section DMR.1.8.020(c)(5) of this ordinance, relating to the adoption of a child may be rescinded by the birth mother at any time up to the time that she gives consent to terminate her parental rights under Section DMR.1.6.030 of this ordinance. If the birth mother rescinds her consent as provided in this section, the adoptive parent or parents shall be entitled to judgment against the birth mother for all fees and expenses paid to her pursuant to the agreement between them.

(c) For purposes of this section "birth mother" means the individual who carries in utero any fetus, however fertilized or implanted. For purposes of this section "child" means any child, regardless of Section DMR.1.2.010(h) of this ordinance and of tribal membership or eligibility for membership, who, while in utero, was carried by a birth mother as herein defined.