76-7-203.   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 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 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 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 137, 2008 General Session
Download Code Section Zipped WordPerfect 76_07_020300.ZIP 2,856 Bytes

Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page

Last revised: Thursday, May 28, 2009