LAYTON, Utah — A Utah adoption agency closed its doors suddenly late last month, as changing laws and growing opposition to recruiting birth moms to the state “have made remaining operational impossible.”
Brighter Adoptions director Sandi Benson did not respond to requests for comment but explained the decision in an email to waiting adoptive families, a copy of which was forwarded to FOX 13 News by someone who received it.
In the email, Benson wrote that the decision to close “was not made lightly.” But she added that, “despite my best efforts, circumstances have made it impossible for me to continue operating.”
“I know this news will be upsetting, and I am truly sorry for the stress and financial impact this may cause you,” she continued. “I share in your disappointment, and this is not the outcome I ever wanted for you or for my business.”
It’s unclear how many birth mothers and waiting parents will be affected by the shutdown.
The Layton adoption agency's closure comes as a massive overhaul of Utah’s adoption system, which passed through the state Legislature late last month, awaits Gov. Spencer Cox’s signature or veto.
Rep. Katy Hall, R-Ogden and the bill’s sponsor, has said the changes would “help prevent exploitation and improve Utah’s reputation for ethical adoption.”
Utah currently has some of the least restrictive adoption laws in the country, leading some to describe the state as the “wild west for adoption.” Those lax laws, reform advocates said, have led the state to become a destination for “adoption tourism,” as women are recruited here for the sole purpose of placing their babies for adoption, in exchange for housing and uncapped pregnancy-related financial support.
If signed into law, HB51 would create new restrictions on payments to birth mothers. It would also require all agencies to be licensed as nonprofits by 2027 and explicitly prohibit them from engaging in coercive behaviors, such as threatening a woman with financial or legal retaliation if she chooses to parent.
“This will bring tons of safeguards,” said state Sen. Luz Escamilla, D-Salt Lake City, during debate of the bill last month.
Ashley Mitchell, co-founder of Utah Adoption Rights and an advocate for changes to the state’s laws, said in an interview with FOX 13 News that "there was an anticipation that this legislation was going to have a ripple effect.” But she was surprised to see a Utah agency close its doors before the bill was even signed into law.
“It’s very telling to me,” she added, arguing that it affirms how central out-of-state birth moms have been to the business model for many agencies here in Utah.
But while Mitchell is "thrilled" to see Brighter Adoptions close “in the big picture,” she said she’s also concerned about what will happen next to the out-of-state birth mothers who came to Utah to work with the agency before its closure.
Utah Adoption Rights delivered flyers last weekend around an apartment complex where Brighter Adoptions was known to house women from out-of-state, in an effort to ensure they understand their rights moving forward.
"There has to be great care for those that have been affected by their closure,” Mitchell said.
A spokeswoman with Utah’s Office of Licensing confirmed to FOX 13 News that it had received notice of Brighter Adoption’s intent to close and said the agency was compliant with requirements for continuity of care.
As Mitchell awaits the governor’s signature – and waits to see what other impacts it could have on adoption in the state moving forward – she said she's pleased with how far the Legislature has come on the issue this session.
“I think they worked really hard and had to be very challenged and very humbled and I am very proud of them,” she said. “I’m very proud of how hard they had to work internally to make this a reality.”