Regulation of Private Domestic Adoption Expenses - Utah

Date:

Birth Parent Expenses Allowed

Citation: Ann. Code § 76-7-203

Payment of adoption-related expenses is permitted as an act of charity. 'Adoption-related expenses' means expenses that are reasonably related to the adoption of a child and are incurred for a reasonable amount. These expenses may include expenses of the mother or father of the child being adopted, including the following:

  • Legal expenses
  • Maternity expenses
  • Medical and hospital expenses
  • Counseling expenses
  • Temporary living expenses and lost wages during the pregnancy of the mother for up to 8 weeks after the day on which the mother delivers the child
  • Expenses for travel between the mother's or father's home and the location where the child will be born or placed for adoption

Birth Parent Expenses Not Allowed

Citation: Ann. Code § 78B-6-140

Payments for adoption-related expenses may only be made in accordance with § 76-7-203.

Allowable Payments for Arranging Adoption

This issue is not addressed in the statutes reviewed.

Allowable Payments for Relinquishing Child

Citation: Ann. Code § 76-7-203

It is unlawful for a person, while having custody, care, control, or possession of a child, to sell, dispose of, or attempt to sell or dispose of the child for and in consideration of the payment of money or other thing of value.

No payment may be made for the purpose of inducing the mother, parent, or legal guardian of a child to engage in the following:

  • Place the child for adoption
  • Consent to an adoption
  • Cooperate in the completion of an adoption

Allowable Fees Charged by Department/Agency

This issue is not addressed in the statutes and regulations reviewed.

Accounting of Expenses Required by Court

Citation: Ann. Code § 78B-6-140

Before the entry of the final decree, an affidavit regarding fees and expenses, signed by the adoptive parents and the person or agency placing the child, shall be filed with the court. The affidavit shall list the following items in connection with the adoption:

  • All legal expenses, maternity expenses, medical or hospital expenses, and living expenses that have been or will be paid to or on behalf of the preexisting parents, with the source of payment
  • Fees paid by the prospective adoptive parent or parents in connection with the adoption
  • All gifts, property, or other items that have been or will be provided to the preexisting parents, with the source of the gifts, property, or other items
  • All public funds used for any medical or hospital costs in connection with the pregnancy, delivery of the child, or care of the child
  • A description of services provided to the prospective adoptive parent or parents or preexisting parents in connection with the adoption