(1) A person commits the crime of buying or selling a person under 18 years of age if the person buys, sells, barters, trades or offers to buy or sell the legal or physical custody of a person under 18 years of age.
(2) Subsection (1) of this section does not:
(a) Prohibit a person in the process of adopting a child from paying the fees, costs and expenses related to the adoption as allowed in ORS 109.311.
(b) Prohibit a negotiated satisfaction of child support arrearages or other settlement in favor of a parent of a child in exchange for consent of the parent to the adoption of the child by the current spouse of the child’s other parent.
(c) Apply to fees for services charged by the Department of Human Services or adoption agencies licensed under ORS 412.001 to 412.161 and 412.991 and ORS chapter 418.
(d) Apply to fees for services in an adoption pursuant to a surrogacy agreement.
(e) Prohibit discussion or settlement of disputed issues between parties in a domestic relations proceeding.
(3) Buying or selling a person under 18 years of age is a Class B felony. [1997 c.561 §2]