§ 81-14-203 — Prohibited custody transfer.

(1) Except as provided in Subsection (2), a parent or guardian of a minor child, or an individual with whom a minor child has been placed for adoption, may not transfer custody of the minor child to another person with the intent, at the time of the transfer, to abandon the rights and responsibilities concerning the minor child.
(2) A parent or guardian of a minor child or an individual with whom a minor child has been placed for adoption may transfer custody of the minor child to another person with the intent, at the time of the transfer, to abandon the rights and responsibilities concerning the minor child only through:
(2)(a) adoption or guardianship;
(2)(b) judicial award of custody;
(2)(c) placement by or through a child-placing agency;
(2)(d) other judicial or tribal action; or
(2)(e) safe relinquishment under Title 80, Chapter 4, Part 5, Safe Relinquishment of a Newborn Child.
(3) (3)(a) A person may not receive custody of a minor child, or act as an intermediary in a transfer of custody of a minor child, if the person knows or reasonably should know the transfer violates Subsection (1).
(3)(b) This subsection does not apply if the person as soon as practicable after the transfer, notifies the Division of Child and Family Services of the transfer or takes appropriate action to establish custody under Subsection (2).
(4) A violation of this section is a class B misdemeanor.
(5) A violation of Subsection (1) is not established solely because a parent or guardian that transfers custody of a minor child does not regain custody.

Legislative History

Renumbered and Amended by Chapter 426, 2025 General Session