Sale of child -- Felony -- Payment of adoption related expenses

(1) For purposes of this section: (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: (I) legal expenses; (II) maternity expenses; (III) medical expenses; (IV) hospital expenses; (V) counseling expenses; (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; (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. (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. (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). (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.