Legal Definitions - baby-bartering

Definition: Baby-bartering refers to the exchange of money or something else of value for a child. It is also known as baby-selling. However, all states have laws against baby-selling. It is not considered baby-selling when prospective adoptive parents pay money to a birth mother for pregnancy-related expenses.

Examples:

• A couple offers to pay a pregnant woman $10,000 in exchange for her baby.
• A woman agrees to give her baby to a couple in exchange for a car.
• A couple pays for a pregnant woman's medical bills and living expenses during her pregnancy, but does not offer any additional money in exchange for the baby.

The first two examples illustrate baby-bartering, as money or something of value is being exchanged for a child. These actions are illegal and considered baby-selling. The third example, however, is not considered baby-selling because the money is being used to cover pregnancy-related expenses and not as payment for the baby.