Salt Lake Tribune
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Bill would toughen law on baby selling
This is an archived article that was published on sltrib.com in 2007, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A bill to discourage baby selling in Utah passed its first legislative hurdle on Monday.

The measure, backed by the Utah Adoption Council, would make it a third-degree felony for an adoption agency to encourage a birth mother to sell or dispose of her baby. That includes giving or offering money or gifts to the birth mother.

Baby selling is already illegal in Utah, but generally it's the birth parent who is held criminally liable, explained Larry Jenkins, a local adoption attorney. "We're adding adoption agencies."

Sponsored by Bountiful Republican Rep. Sheryl Allen, the bill was unanimously endorsed by the Health and Human Services Committee and enjoys industry support.

Chris Bray, director of the Children's Service Society of Utah, said the change would discourage birth mothers from shopping around for agencies offering the best "deal."

"We have seen an increase with birth parents who are calling our office, shopping for services," said Bray. "We have had adoptions stolen out from under us by these types of scenarios."

Jenkins described the legislation as a "housekeeping" measure, saying it isn't meant to address any particular case. But when pressed, he acknowledged it might avoid a repeat of recent adoption scandals. In 2005, a Utah adoption agency came under fire after a Chicago woman signed relinquishment papers in a public park moments after arriving in Salt Lake City. Under the bill, a notary would have to be present when a birth parent consents to an adoption, unless the consent happens before a judge.

The legislation also:

* Would allow adoption agencies and prospective adoptive parents to get copies of an adoptee's original birth certificate, sometimes needed for travel or to apply for government benefits.

Doing so now requires a court order.

* Would establish that being incarcerated for a felony is grounds for terminating a parent's rights.

Adoption agencies would now be liable, along with birth moms
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