H.B. 233

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 in any adoption proceeding, an affidavit regarding fees and 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