Utah Code 78B-6-106. Responsibility for own actions — Fraud or misrepresentation

78B-6-106. Responsibility for own actions — Fraud or misrepresentation.

(1)	Each parent of a child conceived or born outside of marriage is responsible for his or her own actions and is not excused from strict compliance with the provisions of this chapter based upon any action, statement, or omission of the other parent or third parties.

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Terms Used In Utah Code 78B-6-106

Adoption: means the judicial act that:

(a)	creates the relationship of parent and child where it did not previously exist; and

(b)

except as provided in Subsections 78B-6-138(2) and (4), terminates the parental rights of any other person with respect to the child. See Utah Code 78B-6-103

Adoptive parent: means an individual who has legally adopted an adoptee. See Utah Code 78B-6-103

Child-placing agency: means an agency licensed to place children for adoption under 1. See Utah Code 78B-6-103

Contract: A legal written agreement that becomes binding when signed.

Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:

Fraud: Intentional deception resulting in injury to another.

Office: means the Office of Vital Records and Statistics within the Department of Health and Human Services operating under 1. See Utah Code 78B-6-103

Person: means :Utah Code 68-3-12.5

Prospective adoptive parent: means an individual who seeks to adopt an adoptee. See Utah Code 78B-6-103

(2)

Any person injured by fraudulent representations or actions in connection with an adoption is entitled to pursue civil or criminal penalties in accordance with existing law. A fraudulent representation is not a defense to strict compliance with the requirements of this chapter and is not a basis for dismissal of a petition for adoption, vacation of an adoption decree, or an automatic grant of custody to the offended party. Custody determinations shall be based on the best interests of the child, in accordance with the provisions of Section 78B-6-133.

(3)

A child-placing agency and the employees of a child-placing agency may not:

(a)	employ any device, scheme, or artifice to defraud;

(b)	engage in any act, practice, or course of business that operates or would operate as a fraud or deceit upon any person;

(c)	materially and intentionally misrepresent facts or information; or

(d)

request or require a prospective adoptive parent to grant, as a condition of or in connection with entering into an agreement with a child-placing agency, a release of either the prospective adoptive parent‘s claims or the adoptive child’s claims against the child-placing agency regarding any of the following:

(i)	criminal misconduct;

(ii)	ethical violations, as established by the Office of Licensing’s administrative rules;

(iii)

bad faith;

(iv)	intentional torts;

(v)

fraud;

(vi)	gross negligence associated with care of the child, as described in Subsection 78B-6-134(3);

(vii)

future misconduct that may arise before the adoption is finalized;

(viii)

breach of contract; or

(ix)	gross negligence.

(4)	Subsection (3) does not prohibit a release of claims against a child-placing agency or a child-placing agency’s employees for liability arising from the acts or the failure to act of a third party.

Amended by Chapter 148, 2017 General Session

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