§ 9-9-206 - Persons required to consent to adoption -- Consideration for relinquishing minor for adoption.
               	 		
9-9-206.    Persons required to consent to adoption -- Consideration for relinquishing minor for adoption.
    (a)  Unless  consent is not required under    9-9-207, a petition to adopt a minor  may be granted only if written consent to a particular adoption has been  executed by:
      (1)  The mother of the minor;
      (2)  The  father of the minor if the father was married to the mother at the time  the minor was conceived or at any time thereafter, the minor is his  child by adoption, he has physical custody of the minor at the time the  petition is filed, he has a written order granting him legal custody of  the minor at the time the petition for adoption is filed, a court has  adjudicated him to be the legal father prior to the time the petition  for adoption is filed, or he proves a significant custodial, personal,  or financial relationship existed with the minor before the petition for  adoption is filed;
      (3)  Any person lawfully entitled to custody of the minor or empowered to consent;
      (4)  The  court having jurisdiction to determine custody of the minor, if the  legal guardian or custodian of the person of the minor is not empowered  to consent to the adoption;
      (5)  The  minor, if more than ten (10) years of age, unless the court in the best  interest of the minor dispenses with the minor's consent; and
      (6)  The spouse of the minor to be adopted.
(b)  A  petition to adopt an adult may be granted only if written consent to  adoption has been executed by the adult and the adult's spouse.
(c)  Under  no circumstances may a parent or guardian of a minor receive a fee,  compensation, or any other thing of value as a consideration for the  relinquishment of a minor for adoption. However, incidental costs for  prenatal, delivery, and postnatal care may be assessed, including  reasonable housing costs, food, clothing, general maintenance, and  medical expenses, if they are reimbursements for expenses incurred or  fees for services rendered. Any parent or guardian who unlawfully  accepts compensation or any other thing of value as a consideration for  the relinquishment of a minor shall be guilty of a Class C felony.