76-7-203. Sale of child -- Felony -- Payment of adoption related expenses.
(1) For purposes of this section: "Adoption related expenses" means expenses that: are reasonably related to the adoption of a child; are incurred for a reasonable amount; and may include expenses: of the mother or father of the child being adopted, including: legal expenses; maternity expenses; medical expenses; hospital expenses; counseling expenses; 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 expenses for travel between the mother's or father's home and the location where the child will be born or placed for adoption; of a directly affected person for: travel between the directly affected person's home and the location where the child will be born or placed for adoption; or temporary living expenses during the pregnancy or confinement of the mother; or other than those included in Subsectionor, that are not made for the purpose of inducing the mother, parent, or legal guardian of a child to: (1)(a)(iii)(A) (B) place the child for adoption; consent to an adoption; or cooperate in the completion of an adoption. "Directly affected person" means a person who is: a parent or guardian of a minor when the minor is the mother or father of the child being adopted; a dependent of: the mother or father of the child being adopted; or the parent or guardian described in Subsection; or (1)(b)(i) the spouse or partner of the mother or father of the child being adopted.
(2) Except as provided in Subsection, a person is guilty of a third degree felony if the person: (3) 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 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: the expenses are paid as an act of charity; and the payment is not made for the purpose of inducing the mother, parent, or legal guardian of a child to: place the child for adoption; consent to an adoption; or cooperate in the completion of an adoption.