78B-6-106 - Responsibility of each party for own actions -- Fraud or misrepresentation.
78B-6-106. Responsibility of each party for own actions -- Fraud ormisrepresentation.
(1) Each parent of a child conceived or born outside of marriage is responsible for his orher own actions and is not excused from strict compliance with the provisions of this chapterbased upon any action, statement, or omission of the other parent or third parties.
(2) Any person injured by fraudulent representations or actions in connection with anadoption is entitled to pursue civil or criminal penalties in accordance with existing law. Afraudulent representation is not a defense to strict compliance with the requirements of thischapter, 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 onthe best interest of the child, in accordance with the provisions of Section 78B-6-133.
Renumbered and Amended by Chapter 3, 2008 General Session