76-7-203. Sale of child — Felony — Payment of adoption related expenses.
| (1) |
For purposes of this section:
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Terms Used In Utah Code 76-7-203- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Dependent: A person dependent for support upon another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:Utah Code 68-3-12.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
| (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; |
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| (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. |
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| (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. |
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| (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). |
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| (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. |
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Amended by Chapter 491, 2019 General Session
