Current through the 2024 Fourth Special Session
Section 76-7-203 - Sale of child - Felony - Paym ent 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:(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 ,§ 1, eff. 5/14/2019.Amended by Chapter 137, 2008 General Session.