Full text of Utah Utah Code § 81-13-104 — Responsibility for own actions -- Fraud or misrepresentation., with citation guidance and answers to common questions.
§ 81-13-104. Responsibility for own actions -- Fraud or misrepresentation.
Effective 9/1/2025
81-13-104.
Responsibility for own actions -- Fraud or misrepresentation.
| (1) | Each parent of an adoptee conceived or born outside of marriage is responsible for the parent's 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. |
| (2) |
| (a) | 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. |
| (b) | 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. |
| (c) | For a child adoptee, a custody determination shall be based on the best interests of the child adoptee in accordance with the provisions of Section 81-13-215. |
|
| (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 adoptee's claims against the child-placing agency regarding any of the following:
| (ii) | ethical violations, as established by the Office of Licensing's administrative rules; |
| (vi) | gross negligence associated with care of the adoptee, as described in Subsection 81-13-210(2); |
| (vii) | future misconduct that may arise before the adoption is finalized; |
| (viii) | breach of contract; or |
|
|
| (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. |
Renumbered and Amended by Chapter
426, 2025 General Session
Frequently Asked Questions About Utah § 81-13-104
What does Utah Code § 81-13-104 cover?
Section 81-13-104 ("Responsibility for own actions -- Fraud or misrepresentation.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 81-13-104?
A common citation format is "Utah Code § 81-13-104" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 81-13-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
