52-8-103. License required -- exception -- term of license -- no fee charged. (1) Except as provided in subsection (2), only an entity holding a current child-placing agency license issued by the department may act as an agency for the purpose of:

(a) procuring or selecting proposed adoptive or foster homes;

(b) placing children in proposed adoptive or foster homes;

(c) soliciting persons to adopt or foster children or arranging for persons to adopt or foster children;

(d) soliciting persons to relinquish children or place children in potential adoptive or foster homes; or

(e) engaging in placement activities.

(2) (a) An attorney or health care provider may assist a parent in identifying or locating a person interested in adopting the parent's child or in identifying or locating a child to be adopted, provided that the attorney or health care provider shall also provide an expectant parent and prospective adoptive parent with a list of agencies licensed to assist with adoption support services and counseling. No payment, charge, fee, reimbursement of expense, or exchange of value of any kind may be made to the attorney or health care provider assisting the parent.

(b) An adoption in which an attorney or health care provider assists as allowed under subsection (2)(a) must comply with the provisions of Title 42 and this chapter.

(c) For the purposes of this subsection (2), "health care provider" means a person licensed under Title 37 whose scope of practice includes the provision of obstetrical care.

(3) Licenses are valid for 1 year after issuance. A fee may not be charged for a license.