76-7-203. Sale of child -- Felony -- Payment of adoption related expenses.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/14/2019

(1)For purposes of this section:

(a)"Adoption related expenses" means expenses that:

(i)are reasonably related to the adoption of a child;

(ii)are incurred for a reasonable amount; and

(iii)may include expenses:

(A)of the mother or father of the child being adopted, including:

(I)legal expenses;

(II)maternity expenses;

(III)medical expenses;

(IV)hospital expenses;

(V)counseling expenses;

(VI)temporary living expenses and lost wages during the pregnancy of the mother for up to eight weeks after the day on which the mother delivers the child; or

(VII)expenses for travel between the mother's or father's home and the location where the child will be born or placed for adoption;

(B)of a directly affected person for:

(I)travel between the directly affected person's home and the location where the child will be born or placed for adoption; or

(II)temporary living expenses during the pregnancy or confinement of the mother; or

(C)other than those included in Subsection (1)(a)(iii)(A) or

(B), that are not made for the purpose of inducing the mother, parent, or legal guardian of a child to:

(I)place the child for adoption;

(II)consent to an adoption; or

(III)cooperate in the completion of an adoption.

(b)"Directly affected person" means a person who is:

(i)a parent or guardian of a minor when the minor is the mother or father of the child being adopted;

(ii)a dependent of:

(A)the mother or father of the child being adopted; or

(B)the parent or guardian described in Subsection (1)(b)(i) ; or

(iii)the spouse or partner of the mother or father of the child being adopted.

(2)Except as provided in Subsection

(3), a person is guilty of a third degree felony if the person:

(a)while having custody, care, control, or possession of a child, sells, or disposes of the child, or attempts or offers to sell or dispose of the child, for and in consideration of the payment of money or another thing of value; or

(b)offers, gives, or attempts to give money or another thing of value to a person, with the intent to induce or encourage a person to violate Subsection (2)(a) .

(3)A person does not violate this section by paying or receiving payment for adoption related expenses, if:

(a)the expenses are paid as an act of charity; and

(b)the payment is not made for the purpose of inducing the mother, parent, or legal guardian of a child to:

(i)place the child for adoption;

(ii)consent to an adoption; or

(iii)cooperate in the completion of an adoption.

Amended by Chapter 491 , 2019 General Session