Persons who may take consents and relinquishments

(1) A birth mother shall sign a consent or relinquishment, or a child adoptee shall sign a consent, before: (a) a judge of any court that has jurisdiction over adoption proceedings; (b) subject to Subsection (6), a person appointed by the judge described in Subsection (1)(a) to take consents or relinquishments; or (c) subject to Subsection (6), a person who is authorized by a child-placing agency to take consents or relinquishments if the consent or relinquishment grants legal custody of the child adoptee to a child-placing agency or an extra-jurisdictional child-placing agency. (2) If the consent or relinquishment of a birth mother or child adoptee is taken out of state, the birth mother or child adoptee shall sign the consent or relinquishment before: (a) subject to Subsection (6), a person who is authorized by a child-placing agency to take consents or relinquishments if the consent or relinquishment grants legal custody of the child adoptee to a child-placing agency or an extra-jurisdictional child-placing agency; (b) subject to Subsection (6), a person authorized or appointed to take consents or relinquishments by a court of this state that has jurisdiction over adoption proceedings; (c) a court that has jurisdiction over adoption proceedings in the state where the consent or relinquishment is taken; or (d) a person authorized to take consents or relinquishments of a birth mother or child adoptee under the laws of the state where the consent or relinquishment is taken. (3) A person described in Subsection 81-13-211(1) that is not the birth mother or the child adoptee may sign a consent or relinquishment before a notary public or any person authorized to take a consent or relinquishment under Subsection (1) or (2). (4) A person, authorized by Subsection (1) or (2) to take consents or relinquishments, shall certify to the best of the person's information and belief that the person executing the consent or relinquishment has read and understands the consent or relinquishment and has signed the consent or relinquishment freely and voluntarily. (5) A person executing a consent or relinquishment is entitled to receive a copy of the consent or relinquishment. (6) A signature described in Subsection (1)(b), (1)(c), (2)(a), or (2)(b), shall be: (a) notarized; or (b) witnessed by two individuals who are not members of the birth mother's or the child adoptee's immediate family. (7) Except as provided in Subsection 26B-2-127(2), a transfer of relinquishment from one child-placing agency to another child-placing agency shall be signed before a notary public.