1. (1) For purposes of this section:

   1. (a) "Adoption related expenses" means expenses that:

      1. (i) are reasonably related to the adoption of a child;
      2. (ii) are incurred for a reasonable amount; and

      3. (iii) may include expenses:

         1. (A) of the mother or father of the child being adopted, including:

            1. (I) legal expenses;
            2. (II) maternity expenses;
            3. (III) medical expenses;
            4. (IV) hospital expenses;
            5. (V) counseling expenses;
            6. (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
            7. (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;

         2. (B) of a directly affected person for:

            1. (I) travel between the directly affected person's home and the location where the child will be born or placed for adoption; or
            2. (II) temporary living expenses during the pregnancy or confinement of the mother; or

         3. (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:

            1. (I) place the child for adoption;
            2. (II) consent to an adoption; or
            3. (III) cooperate in the completion of an adoption.

   2. (b) "Directly affected person" means a person who is:

      1. (i) a parent or guardian of a minor when the minor is the mother or father of the child being adopted;

      2. (ii) a dependent of:

         1. (A) the mother or father of the child being adopted; or
         2. (B) the parent or guardian described in Subsection (1)(b)(i); or
      3. (iii) the spouse or partner of the mother or father of the child being adopted.

2. (2) Except as provided in Subsection (3), a person is guilty of a third degree felony if the person:

   1. (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
   2. (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. (3) A person does not violate this section by paying or receiving payment for adoption related expenses, if:

   1. (a) the expenses are paid as an act of charity; and

   2. (b) the payment is not made for the purpose of inducing the mother, parent, or legal guardian of a child to:

      1. (i) place the child for adoption;
      2. (ii) consent to an adoption; or
      3. (iii) cooperate in the completion of an adoption.

Amended by Chapter 491, 2019 General Session