Use of Advertising and Facilitators in Adoptive Placements - Utah

Use of Advertisement

Citation: Ann. Code § 62A-4a-602(3)(b)-(c)

An attorney, physician, or other person may not do the following:

• Issue or cause to be issued to any person a card, sign, or device indicating that he or she is available to provide child-placing assistance
• Cause, permit, or allow any sign or marking on or in any building or structure indicating that he or she is available to provide child-placing assistance
• Announce, cause, permit, or allow an announcement indicating that he or she is available to provide child-placing assistance to appear in any newspaper, magazine, directory, on radio or television, or an internet website relating to a business
• Announce, cause, permit, or allow a matching advertisement
• Announce, cause, permit, or allow an advertisement that indicates or implies that he or she is available to provide child-placing assistance as part of or related to other adoption-related services by using the terms comprehensive, complete, one-stop, all-inclusive, or any other similar term

An attorney, physician, or other person who is not licensed by the Office of Licensing within the Department of Human Services shall clearly and conspicuously disclose in any print media advertisement or written contract regarding adoption services or adoption-related services that the attorney, physician, or other person is not licensed to provide adoption services by the Office of Licensing.

Use of Intermediaries/Facilitators

Citation: Ann. Code §§ 62A-4a-602(2), (3)(a), (4); 76-7-203

A person may not engage in child placing, or solicit money or other assistance for child placing, without a valid license. When a child-placing agency's license is suspended or revoked, the care, control, or custody of any child who has been in the care, control, or custody of that agency shall be transferred to the Division of Child and Family Services.

An attorney, physician, or other person may assist a parent in identifying or locating a person interested in adopting the parent's child, or in identifying or locating a child to be adopted. However, no payment, charge, fee, reimbursement of expense, or exchange of value of any kind may be made for that assistance.

Nothing in this part precludes payment of fees for medical, legal, or other lawful services rendered in connection with the care of a mother, delivery and care of a child, or lawful adoption proceedings; and no provision of this part abrogates the right of procedures for independent adoption as provided by law.

A person commits a felony when, while having custody, care, control, or possession of a child, he or she 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 when he or she 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 sell or dispose of a child.