State Codes and Statutes
Statutes > Utah > Title-76 > Chapter-07 > 76-7-20376-7-203. Sale of child -- Felony -- Payment of adoption related expenses.
(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 during the pregnancy or confinement of the mother; or
(VII) expenses for travel between the mother's or father's home and the location wherethe 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 childwill 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 thepurpose 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 childbeing adopted;
(ii) a dependant 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 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 theperson:
(a) while having custody, care, control, or possession of a child, sells, or disposes of thechild, or attempts or offers to sell or dispose of the child, for and in consideration of the paymentof money or another thing of value; or
(b) offers, gives, or attempts to give money or another thing of value to a person, with theintent 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 adoptionrelated 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 legalguardian 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 137, 2008 General Session
