Paige,
FAQ's about Birth Mother Expenses
It says therein "his section does not make it unlawful to pay the maternity-connected medical or hospital and necessary living expenses of the mother preceding and during confinement as an act of charity, as long as the payment is not contingent upon placement of the child for adoption, " etc.
-> birthmother expenses are considered charity.
Q.E.D.
I was also explained that birthmother expenses are legally considered charity by my adoption attorney.
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10/03/05: Signed up with domestic agency
10/24/05: Matched!!! 
11/16/05: Beautiful son Kiran is born 
5/19/06: Finalized!!! 
9/17/08: Second time: Home study ready 
10/22/08: Signed up with agency ... nothing ...
1/15/09: Had enough, signed up with attorney
5/12/09: Beautiful daughter Nanda is born 
5/15/09: ... and placed in my arms
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