H.B. 233

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 15, 2005 at 1:54 PM by ddonat. --> 1

ADOPTION LAW REVISIONS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Rosalind J. McGee
5
6 LONG TITLE
7 General Description:
8 This bill amends provisions relating to reporting requirements for child placing
9 agencies.
10 Highlighted Provisions:
11 This bill:
12 . requires that the state of residence of the birth mother be included in the affidavit
13 submitted to the court prior to finalization of an adoption; and
14 . makes technical changes.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 78-30-15.5, as last amended by Chapter 192, Laws of Utah 2004
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 78-30-15.5 is amended to read:
25 78-30-15.5. Itemization of fees and expenses.
26 (1) [Prior] Except as provided in Subsection (4), prior to the date that a final decree of
27 adoption is entered H. [ in any adoption proceeding ] .H , an affidavit regarding fees and
27a expenses,

28 signed by the adoptive parent or parents and the person or agency placing the child, shall be
29 filed with the court. [That]
30 (2) The affidavit described in Subsection (1) shall itemize the following items in
31 connection with the adoption:
32 (a) all legal expenses, maternity expenses, medical or hospital expenses, and living
33 expenses [which] that have been or will be paid to or on behalf of the birth mother or
34 biological father, including the source of payment;
35 (b) fees paid by the prospective adoptive parent or parents in connection with the
36 adoption;
37 (c) all gifts, property, or other items [which] that have been or will be provided to the
38 birth mother or biological father, including the source of the gifts, property, or other items;
39 (d) all public funds used for any medical or hospital costs in connection with the:
40 (i) pregnancy [and];
41 (ii) delivery of the child; or
42 (iii) care of the child;
43 (e) the state of residence of the:
44 (i) birth mother; and
45 (ii) prospective adoptive parent or parents;
46 (f) a description of services provided to the prospective adoptive parent or parents or
47 biological parents in connection with the adoption; and
48 (g) that [the requirements of] Section 76-7-203 [have been complied with] has not been
49 violated.
50 [(2)] (3) A copy of [this] the affidavit described in Subsection (1) shall be provided to
51 the Office of Licensing within the Department of Human Services.
52 [(3)] (4) This section does not apply if the adoptive parent is the legal spouse of the
53 birth parent.

Legislative Review Note
as of 1-24-05 2:18 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel