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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-30-1 Who may adopt - Adoption of minor - Adoption of adult.
(1) Any minor child may be adopted by an adult person, in accordance with the provisions and requirements of this section and this chapter.
(2) Any adult may be adopted by another adult. However, all provisions of this chapter apply to the adoption of an adult just as though the person being adopted were a minor, except that consent of the parents of an adult person being adopted is not required.
(3) (a) A child may be adopted by:
(i) adults who are legally married to each other in accordance with the laws of this state, including adoption by a stepparent; or
(ii) any single adult, except as provided in Subsection (3)(b).
(b) A child may not be adopted by a person who is cohabiting
in a relationship that is not a legally valid and binding
marriage under the laws of this state. For purposes of this
Subsection (3)(b), "cohabiting" means residing with another
person and being involved in a sexual relationship with that
person.
2000
78-30-1.1 Licensed child placing agency - Defined.
As used in this chapter the term "licensed child placing
agency" means an agency licensed to place children for adoption
under Title 62A, Chapter 4a, Part 6.
1995
78-30-1.5 Legislative intent - Best interest of child.
(1) It is the intent and desire of the Legislature that in every adoption the best interest of the child should govern and be of foremost concern in the court's determination.
(2) The court shall make a specific finding regarding
the best interest of the child, in accordance with Section
78-30-9
and the provisions of this chapter.
2000
78-30-1.6 Children in the custody of the Division of Child and Family Services - Consideration of child's relationship with foster parents who petition for adoption.
In assessing the best interest of a child in the custody
of the Division of Child and Family Services whose foster
parents have petitioned for adoption, the court shall give
special consideration to the relationship of the child with
his foster parents, if the child has been in that home for
a period of six months or longer.
1997
78-30-2 Relative ages.
A person adopting a child must be at least ten years older
than the child adopted, unless the petitioners for adoption
are a married couple, one of which is at least ten years
older than the child.
1985
78-30-3 Adoption by married persons.
A married man who is not lawfully separated from his wife
may not adopt a child without the consent of his wife, neither
may a married woman who is not separated from her husband
adopt a child without his consent, if the spouse not consenting
is capable of giving that consent.
1990
78-30-3.5 Preplacement and postplacement adoptive evaluations - Exceptions.
(1) (a) Except as otherwise provided in this section, a child may not be placed in an adoptive home until a preplacement adoptive evaluation, assessing the prospective adoptive parent and the prospective adoptive home, has been conducted in accordance with the requirements of this section.
(b) The court may, at any time, authorize temporary placement of a child in a potential adoptive home pending completion of a preplacement adoptive evaluation described in this section.
(c) Subsection (1)(a) does not apply if a birth parent has legal custody of the child to be adopted and the prospective adoptive parent is related to that child as a step-parent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin, unless the evaluation is otherwise requested by the court. The prospective adoptive parent described in this Subsection (1)(c) shall, however, obtain the information described in Subsections (2)(a) and (b), and file that documentation with the court prior to finalization of the adoption.
(d) The requirements of Subsection (1)(a) are satisfied by a previous preplacement adoptive evaluation conducted within three years prior to placement of the child, or an annual updated adoptive evaluation conducted after that three-year period or within one year after finalization of a previous adoption.
(2) The preplacement adoptive evaluation shall include:
(a) criminal history record information regarding each prospective adoptive parent and any other adult living in the prospective home, received from the Criminal Investigations and Technical Services Division of the Department of Public Safety, in accordance with Section 53-10-108 , no earlier than 18 months immediately preceding placement of the child;
(b) a report from the Department of Human Services containing all information regarding reports and investigation of child abuse, neglect, and dependency, with respect to each prospective adoptive parent and any other adult living in the prospective home, obtained no earlier than 18 months immediately preceding placement of the child, pursuant to waivers executed by those parties; and
(c) an evaluation conducted by an expert in family relations approved by the court or a certified social worker, clinical social worker, marriage and family therapist, psychologist, professional counselor, or other court-determined expert in family relations, who is licensed to practice under the laws of this state or under the laws of the state where the prospective adoptive parent or other person living in the prospective adoptive home resides. The evaluation shall be in a form approved by the Department of Human Services. Neither the Department of Human Services nor any of its divisions may proscribe who qualifies as an expert in family relations or who may conduct evaluations pursuant to this Subsection (2).
(3) A copy of the preplacement adoptive evaluation shall be filed with the court.
(4) (a) Except as provided in Subsections (4)(b) and (c), a postplacement evaluation shall be conducted and submitted to the court prior to the final hearing in an adoption proceeding. The postplacement evaluation shall include:
(i) verification of the allegations of fact contained in the petition for adoption;
(ii) an evaluation of the progress of the child's placement in the adoptive home; and
(iii) a recommendation regarding whether the adoption is in the best interest of the child.
(b) The exemptions from and requirements for evaluations, described in Subsections (1)(c), (2)(c), and (3), also apply to postplacement adoptive evaluations.
(c) Upon the request of the petitioner, the court may waive the postplacement adoptive evaluation, unless it determines that it is in the best interest of the child to require the postplacement evaluation.
(5) If the person or agency conducting the evaluation disapproves the adoptive placement, either in the preplacement or postplacement adoptive evaluation, the court may dismiss the petition. However, upon request of a prospective adoptive parent, the court shall order that an additional preplacement or postplacement adoptive evaluation be conducted, and hold a hearing on the suitability of the adoption, including testimony of interested parties.
(6) Prior to finalization of a petition for adoption the
court shall review and consider the information and recommendations
contained in the preplacement and postplacement adoptive
studies required by this section.
2001
78-30-3.6 Prospective parent not a resident - Preplacement requirements.
(1) When an adoption petition is to be finalized in this state with regard to any prospective adoptive parent who is not a resident of this state at the time a child is placed in that person's home, the potential adoptive parent shall:
(a) comply with the provisions of Section 78-30-3.5 ; and
(b) submit fingerprints for a Federal Bureau of Investigation national criminal history record check.
(2) The fingerprints referenced in Subsection (1)(b) shall be submitted to the Federal Bureau of Investigation either:
(a) through the Criminal Investigations and Technical Services Division of the Department of Public Safety in accordance with the provisions of Section 62A-2-120 ; or
(b) if the prospective adoptive parent is pursuing the
adoption with a private attorney, the request shall be submitted
to the Federal Bureau of Investigation as a personal records
check, in accordance with procedures established by the Criminal
Investigations and Technical Services Division of the Department
of Public Safety.
2001
78-30-4.11 Definition.
For purposes of this chapter, "unmarried biological father"
means a child's biological father who is not married to the
child's mother at the time of the conception or birth of
that child.
1995
78-30-4.12 Rights and responsibilities of parties in adoption proceedings.
(1) The Legislature finds that the rights and interests of all parties affected by an adoption proceeding must be considered and balanced in determining what constitutional protections and processes are necessary and appropriate.
(2) The Legislature finds that:
(a) the state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children;
(b) an unmarried mother, faced with the responsibility of making crucial decisions about the future of a newborn child, is entitled to privacy, and has the right to make timely and appropriate decisions regarding her future and the future of the child, and is entitled to assurance regarding the permanence of an adoptive placement;
(c) adoptive children have a right to permanence and stability in adoptive placements;
(d) adoptive parents have a constitutionally protected liberty and privacy interest in retaining custody of an adopted child; and
(e) an unmarried biological father has an inchoate interest that acquires constitutional protection only when he demonstrates a timely and full commitment to the responsibilities of parenthood, both during pregnancy and upon the child's birth. The state has a compelling interest in requiring unmarried biological fathers to demonstrate that commitment by providing appropriate medical care and financial support and by establishing legal paternity, in accordance with the requirements of this chapter.
(3) (a) In enacting Sections 78-30-4.11 through 78-30-4.21 , the Legislature prescribes the conditions for determining whether an unmarried biological father's action is sufficiently prompt and substantial to require constitutional protection.
(b) If an unmarried biological father fails to grasp the opportunities to establish a relationship with his child that are available to him, his biological parental interest may be lost entirely, or greatly diminished in constitutional significance by his failure to timely exercise it, or by his failure to strictly comply with the available legal steps to substantiate it.
(c) A certain degree of finality is necessary in order to facilitate the state's compelling interest. The Legislature finds that the interests of the state, the mother, the child, and the adoptive parents described in this section outweigh the interest of an unmarried biological father who does not timely grasp the opportunity to establish and demonstrate a relationship with his child in accordance with the requirements of this chapter.
(d) An unmarried biological father has the primary responsibility to protect his rights.
(e) An unmarried biological father is presumed to know that the child may be adopted without his consent unless he strictly complies with the provisions of this chapter, manifests a prompt and full commitment to his parental responsibilities, and establishes paternity.
(4) The Legislature finds that an unmarried mother has
a right of privacy with regard to her pregnancy and adoption
plan, and therefore has no legal obligation to disclose the
identity of an unmarried biological father prior to or during
an adoption proceeding, and has no obligation to volunteer
information to the court with respect to the father.
1995
78-30-4.13 Notice of adoption proceedings.
(1) An unmarried biological father, by virtue of the fact that he has engaged in a sexual relationship with a woman, is deemed to be on notice that a pregnancy and an adoption proceeding regarding that child may occur, and has a duty to protect his own rights and interests. He is therefore entitled to actual notice of a birth or an adoption proceeding with regard to that child only as provided in this section.
(2) Notice of an adoption proceeding shall be served on each of the following persons:
(a) any person or agency whose consent or relinquishment is required under Section 78-30-4.14 unless that right has been terminated by waiver, relinquishment, consent, or judicial action;
(b) any person who has initiated a paternity proceeding and filed notice of that action with the state registrar of vital statistics within the Department of Health, in accordance with Subsection (3);
(c) any legally appointed custodian or guardian of the adoptee;
(d) the petitioner's spouse, if any, only if he has not joined in the petition;
(e) the adoptee's spouse, if any;
(f) any person who is recorded on the birth certificate as the child's father, with the knowledge and consent of the mother;
(g) any person who is openly living in the same household with the child at the time the consent is executed or relinquishment made, and who is holding himself out to be the child's father; and
(h) any person who is married to the child's mother at the time she executes her consent to the adoption or relinquishes the child for adoption.
(3) (a) In order to preserve any right to notice and consent, an unmarried biological father may initiate proceedings to establish paternity under Title 78, Chapter 45a, Uniform Act on Paternity, and file a notice of the initiation of those proceedings with the state registrar of vital statistics within the Department of Health prior to the mother's execution of consent or her relinquishment to an agency. That action and notice may also be filed prior to the child's birth.
(b) If the unmarried biological father does not know the county in which the birth mother resides, he may initiate his action in any county, subject to a change in trial pursuant to Section 78-13-7 .
(c) The Department of Health shall provide forms for the purpose of filing the notice described in Subsection (3)(a), and make those forms available in the office of the county health department in each county.
(4) Notice provided in accordance with this section need not disclose the name of the mother of the child who is the subject of an adoption proceeding.
(5) The notice required by this section may be served immediately after relinquishment or execution of consent, but shall be served at least 30 days prior to the final dispositional hearing. The notice shall specifically state that the person served must respond to the petition within 30 days of service if he intends to intervene in or contest the adoption.
(6) (a) Any person who has been served with notice of an adoption proceeding and who wishes to contest the adoption shall file a motion in the adoption proceeding within 30 days after service. The motion shall set forth specific relief sought and be accompanied by a memorandum specifying the factual and legal grounds upon which the motion is based.
(b) Any person who fails to file a motion for relief within 30 days after service of notice waives any right to further notice in connection with the adoption, forfeits all rights in relation to the adoptee, and is barred from thereafter bringing or maintaining any action to assert any interest in the adoptee.
(7) Service of notice under this section shall be made as follows:
(a) With regard to a person whose consent is necessary under Section 78-30-4.14 , service shall be in accordance with the provisions of the Utah Rules of Civil Procedure. If service is by publication, the court shall designate the content of the notice regarding the identity of the parties. The notice may not include the name of the person or persons seeking to adopt the adoptee.
(b) As to any other person for whom notice is required under this section, service by certified mail, return receipt requested, is sufficient. If that service cannot be completed after two attempts, the court may issue an order providing for service by publication, posting, or by any other manner of service.
(c) Notice to a person who has initiated a paternity proceeding and filed notice of that action with the state registrar of vital statistics in the Department of Health in accordance with the requirements of Subsection (3), shall be served by certified mail, return receipt requested, at the last address filed with the registrar.
(8) The notice required by this section may be waived in writing by the person entitled to receive notice.
(9) Proof of service of notice on all persons for whom notice is required by this section shall be filed with the court before the final dispositional hearing on the adoption.
(10) Notwithstanding any other provision of law, neither the notice of an adoption proceeding nor any process in that proceeding is required to contain the name of the person or persons seeking to adopt the adoptee.
(11) Except as to those persons whose consent to an adoption
is required under Section
78-30-4.14
, the sole purpose of notice under this section
is to enable the person served to intervene in the adoption
and present evidence to the court relevant to the best interest
of the child.
2000
78-30-4.14 Necessary consent to adoption or relinquishment for adoption.
(1) Either relinquishment for adoption to a licensed child-placing agency or consent to adoption is required from:
(a) the adoptee, if he is more than 12 years of age, unless he does not have the mental capacity to consent;
(b) both parents or the surviving parent of an adoptee who was conceived or born within a marriage, unless the adoptee is 18 years of age or older;
(c) the mother of an adoptee born outside of marriage;
(d) any biological parent who has been adjudicated to be the child's biological father by a court of competent jurisdiction prior to the mother's execution of consent or her relinquishment to an agency for adoption;
(e) any biological parent who has executed and filed a voluntary declaration of paternity with the state registrar of vital statistics within the Department of Health in accordance with Title 78, Chapter 45e, prior to the mother's execution of consent or her relinquishment to an agency for adoption, which voluntary declaration of paternity is considered filed when entered into a database that can be accessed by the Department of Health;
(f) an unmarried biological father of an adoptee, as defined in Section 78-30-4.11 , only if the requirements and conditions of Subsection (2)(a) or (b) have been proven; and
(g) the licensed child-placing agency to whom an adoptee has been relinquished and that is placing the child for adoption.
(2) In accordance with Subsection (1), the consent of an unmarried biological father is necessary only if the father has strictly complied with the requirements of this section.
(a) (i) With regard to a child who is placed with adoptive parents more than six months after birth, an unmarried biological father shall have developed a substantial relationship with the child, taken some measure of responsibility for the child and the child's future, and demonstrated a full commitment to the responsibilities of parenthood by financial support of the child, of a fair and reasonable sum and in accordance with the father's ability, when not prevented from doing so by the person or authorized agency having lawful custody of the child, and either:
(A) visiting the child at least monthly when physically and financially able to do so, and when not prevented from doing so by the person or authorized agency having lawful custody of the child; or
(B) regular communication with the child or with the person or agency having the care or custody of the child, when physically and financially unable to visit the child, and when not prevented from doing so by the person or authorized agency having lawful custody of the child.
(ii) The subjective intent of an unmarried biological father, whether expressed or otherwise, unsupported by evidence of acts specified in this subsection shall not preclude a determination that the father failed to meet the requirements of Subsection (2)(a)(i).
(iii) An unmarried biological father who openly lived with the child for a period of six months within the one-year period after the birth of the child and immediately preceding placement of the child with adoptive parents, and openly held himself out to be the father of the child during that period, shall be deemed to have developed a substantial relationship with the child and to have otherwise met the requirements of Subsection (2)(a)(i).
(b) With regard to a child who is under six months of age at the time he is placed with adoptive parents, an unmarried biological father shall have manifested a full commitment to his parental responsibilities by performing all of the acts described in this subsection prior to the time the mother executes her consent for adoption or relinquishes the child to a licensed child-placing agency. The father shall:
(i) initiate proceedings to establish paternity under Title 78, Chapter 45a, Uniform Act on Paternity, and file with that court a sworn affidavit stating that he is fully able and willing to have full custody of the child, setting forth his plans for care of the child, and agreeing to a court order of child support and the payment of expenses incurred in connection with the mother's pregnancy and the child's birth;
(ii) file notice of the commencement of paternity proceedings with the state registrar of vital statistics within the Department of Health, in a confidential registry established by the department for that purpose, which notice is considered filed when the notice is entered in the registry of notices from unmarried biological fathers; and
(iii) if he had actual knowledge of the pregnancy, paid a fair and reasonable amount of the expenses incurred in connection with the mother's pregnancy and the child's birth, in accordance with his means, and when not prevented from doing so by the person or authorized agency having lawful custody of the child.
(3) An unmarried biological father whose consent is required under Subsection (1) or (2) may nevertheless lose his right to consent if the court determines, in accordance with the requirements and procedures of Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act, that his rights should be terminated, based on the petition of any interested party.
(4) If there is no showing that an unmarried biological father has consented to or waived his rights regarding a proposed adoption, the petitioner shall file with the court a certificate from the state registrar of vital statistics within the Department of Health, stating that a diligent search has been made of the registry of notices from unmarried biological fathers described in Subsection (2)(b)(ii), and that no filing has been found pertaining to the father of the child in question, or if a filing is found, stating the name of the putative father and the time and date of filing. That certificate shall be filed with the court prior to entrance of a final decree of adoption.
(5) An unmarried biological father who does not fully
and strictly comply with each of the conditions provided
in this section, is deemed to have waived and surrendered
any right in relation to the child, including the right to
notice of any judicial proceeding in connection with the
adoption of the child, and his consent to the adoption of
the child is not required.
2001
78-30-4.15 Responsibility of each party for own actions - Fraud or misrepresentation - Statutory compliance.
(1) Each parent of a child conceived or born outside of marriage is responsible for his or her own actions and is not excused from strict compliance with the provisions of this chapter based 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 an adoption is entitled to pursue civil or criminal penalties in accordance with existing law. A fraudulent representation is not a defense to strict compliance with the requirements of this chapter, 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 on the best interest of the child, in accordance with the provisions of Section 78-30-4.16 .
(3) The Legislature finds no practical way to remove all risk of fraud or misrepresentation in adoption proceedings, and has provided a method for absolute protection of an unmarried biological father's rights by compliance with the provisions of this chapter. In balancing the rights and interests of the state, and of all parties affected by fraud, specifically the child, the adoptive parents, and the unmarried biological father, the Legislature has determined that the unmarried biological father is in the best position to prevent or ameliorate the effects of fraud and that, therefore, the burden of fraud shall be borne by him.
(4) The Legislature finds that an unmarried biological father who resides in another state may not, in every circumstance, be reasonably presumed to know of, and strictly comply with, the requirements of this chapter. Therefore when all of the following requirements have been met, that unmarried biological father may contest an adoption, prior to finalization of the decree of adoption, and assert his interest in the child; the court may then, in its discretion, proceed with an evidentiary hearing under Subsection 78-30-4.16 (2):
(a) the unmarried biological father resides and has resided in another state where the unmarried mother was also located or resided;
(b) the mother left that state without notifying or informing the unmarried biological father that she could be located in the state of Utah;
(c) the unmarried biological father has, through every reasonable means, attempted to locate the mother but does not know or have reason to know that the mother is residing in the state of Utah; and
(d) the unmarried biological father has complied with
the most stringent and complete requirements of the state
where the mother previously resided or was located, in order
to protect and preserve his parental interest and right in
the child in cases of adoption.
1998
78-30-4.16 Contested adoptions - Rights of parties - Determination of custody.
(1) Whenever any party contests an adoption, the court shall first determine whether the provisions of this chapter have been complied with. If a party who was entitled to notice and consent under the provisions of this chapter, was denied that right, and did not otherwise waive or forfeit that right under the terms of this chapter, the court may:
(a) enjoin the adoption, or dismiss the adoption petition, and proceed in accordance with Subsection (2); or
(b) determine whether proper grounds for termination of that parent's rights exist and, if so, order that the parent's rights be terminated in accordance with the provisions of this chapter or Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act.
(2) (a) In any case, and under any circumstance, if a court determines that a petition for adoption may not be granted, the court may not automatically grant custody of a child to a challenging biological parent, but shall conduct an evidentiary hearing in each case, in order to determine who should have custody of the child, in accordance with the child's best interest.
(b) Evidence considered at that hearing may include, but is not limited to, evidence of psychological or emotional bonds that the child had formed with third parties and any detriment that a change in custody may cause to the child. The fact that a person relinquished a child to a licensed child placing agency or executed a consent for adoption may not be considered by the court as evidence of neglect or abandonment.
(c) Any custody order entered pursuant to this section may also include provisions for parent-time by a biological parent or visitation by an interested third party, and provide for the financial support of the child.
(3) An adoption may not be contested after the final decree
of adoption is entered.
2001
78-30-4.17 Parents whose rights have been terminated.
Neither notice nor consent to adoption or relinquishment
for adoption is required from a parent whose rights with
regard to an adoptee have been terminated by a court.
1995
78-30-4.18 Persons who may take consents and relinquishments.
(1) A consent or relinquishment by a birth mother or an adoptee shall be signed before:
(a) a judge of any court that has jurisdiction over adoption proceedings, or a public officer appointed by that judge for the purpose of taking consents or relinquishments; or
(b) a person who is authorized by a licensed child-placing agency to take consents or relinquishments so long as the signature is notarized or witnessed by two individuals who are not members of the birth mother's immediate family.
(2) If the consent or relinquishment of a birth mother or adoptee is taken out of state it shall be signed before:
(a) a person who is authorized by a child-placing agency licensed by that state to take consents or relinquishments; or
(b) a person authorized or appointed to take consents or relinquishments by a court of this state that has jurisdiction over adoption proceedings, or a court of that state that has jurisdiction over adoption proceedings.
(3) The consent or relinquishment of any other person or agency as required by Section 78-30-4.14 may be signed before a Notary Public or any person authorized to take a consent or relinquishment under Subsection (1) or (2).
(4) A person, authorized by Subsection (1) or (2) to take consents or relinquishments, shall certify to the best of his information and belief that the person executing the consent or relinquishment has read and understands the consent or relinquishment and has signed it freely and voluntarily.
(5) A person executing a consent or relinquishment is
entitled to a copy of the consent or relinquishment.
2000
78-30-4.19 Time period prior to birth mother's consent.
A birth mother may not consent to the adoption of her
child or relinquish control or custody of her child until
at least 24 hours after the birth of her child.
1995
78-30-4.20 When consent or relinquishment effective.
A consent or relinquishment is effective when it is signed
and may not be revoked.
1995
78-30-4.21 Power of a minor to consent or relinquish.
A minor parent has the power to consent to the adoption
of his or her child and has the power to relinquish his or
her control or custody of the child to a licensed child-placing
agency. That consent or relinquishment is valid and has the
same force and effect as a consent or relinquishment executed
by an adult parent. A minor parent, having executed a consent
or relinquishment, cannot revoke that consent upon reaching
the age of majority or otherwise becoming emancipated.
1995
78-30-4.22 Custody pending final decree.
(1) Except as otherwise provided by the court, once a petitioner has received the adoptee into his home and a petition for adoption has been filed, the petitioner is entitled to the custody and control of the adoptee and is responsible for the care, maintenance, and support of the adoptee, including any necessary medical or surgical treatment, pending further order of the court.
(2) Once a child has been placed with, relinquished to,
or ordered into the custody of a licensed child-placing agency
for purposes of adoption, the agency shall have custody and
control of the child and is responsible for his care, maintenance,
and support. The agency may delegate the responsibility for
care, maintenance, and support, including any necessary medical
or surgical treatment, to the petitioner once the petitioner
has received the child into his home. However, until the
final decree of adoption is entered by the court, the agency
has the right to the custody and control of the child.
1995
78-30-4.23 Criminal sexual offenses.
The notice and consent provisions of this chapter do not
apply in cases where the child is conceived as a result of
any sexual offense described in Title 76, Chapter 5, Part
4.
1995
78-30-4.24 Determination of rights prior to adoption petition.
Any interested party may petition the court for a determination
of the rights and interests of any person who may claim an
interest in a child under this chapter, at any time prior
to the filing of a petition for adoption, including any time
prior to the child's birth.
1995
78-30-6 Consent of child - When necessary.
The consent of a child over the age of 12 years is necessary
for his adoption.
1990
78-30-7 Jurisdiction of district and juvenile court - Time for filing.
(1) Adoption proceedings shall be commenced by filing a petition with the clerk of the district court either:
(a) in the district where the person adopting resides; or
(b) with the juvenile court as provided in Subsection 78-3a-104 (1)(o).
(2) If a child is conceived in Utah, adoption proceedings may be commenced by filing a petition with the clerk of the district court in the district where the child was born.
(3) All orders, decrees, agreements, and notices in the proceedings shall be filed with the clerk of the court where the adoption proceedings were commenced under Subsection (1) or (2).
(4) A petition for adoption shall be filed within 30 days
of the date the adoptee is placed in the home of the petitioners
for the purpose of adoption, unless the time for filing has
been extended by the court, or unless the adoption is arranged
by a licensed child-placing agency in which case the agency
may extend the filing time.
2002
78-30-8 Agreement by adoptive parent or parents.
The adoptive parent or parents and the child being adopted
shall appear before the appropriate court, and an agreement
shall be executed by the adoptive parent or parents stating
that the child shall be adopted and treated in all respects
as his own lawful child.
1991
78-30-8.5 Alien child - Evidence of lawful admission to United States required.
(1) As used in this section, "alien child" means a child under 16 years of age who is not considered a citizen or national of the United States by the United States Immigration and Naturalization Service.
(2) Any person adopting an alien child shall file with the petition for adoption written evidence from the United States Immigration and Naturalization Service that the child was inspected and:
(a) admitted into the United States for permanent residence;
(b) admitted into the United States temporarily in one of the lawful nonimmigrant categories specified in 8 U.S.C. Section 1101(a)(15); or
(c) paroled into the United States pursuant to 8 U.S.C. Section 1182(d)(5).
(3) The court may determine the validity of the written evidence required under Subsection (2) before issuing an order of adoption.
(4) The 1992 amendments to this section are retroactive to September 1, 1984. Any adoption decree entered after September 1, 1984, is considered valid if the requirements of Subsection (2), as amended, were met.
(5) If the alien child was born outside the United States,
its territories, and Canada, the petition for adoption may
be joined to a petition to establish the fact, time, and
place of birth under Section
26-2-15
.
1992
78-30-9 Decree of adoption - Best interest of child - Legislative findings.
(1) The court shall examine each person appearing before it in accordance with this chapter, separately, and, if satisfied that the interests of the child will be promoted by the adoption, it shall enter a final decree of adoption declaring that the child is adopted by the adoptive parent or parents and shall be regarded and treated in all respects as the child of the adoptive parent or parents.
(2) The court shall make a specific finding regarding the best interest of the child, taking into consideration information provided to the court pursuant to the requirements of this chapter relating to the health, safety, and welfare of the child and the moral climate of the potential adoptive placement.
(3) (a) The Legislature specifically finds that it is not in a child's best interest to be adopted by a person or persons who are cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this state. Nothing in this section limits or prohibits the court's placement of a child with a single adult who is not cohabiting as defined in Subsection (3)(b).
(b) For purposes of this section, "cohabiting" means residing
with another person and being involved in a sexual relationship
with that person.
2000
78-30-10 Name and status of adopted child.
When a final decree of adoption is entered under Section
78-30-9
, a child may take the family name of the adoptive
parent or parents. After that decree of adoption is entered,
the adoptive parent or parents and the child shall sustain
the legal relationship of parent and child, and have all
the rights and be subject to all the duties of that relationship.
1990
78-30-11 Birth parents' rights and duties dissolved.
The birth parents of an adopted child are, from the time
the final decree of adoption is entered, released from all
parental duties toward and all responsibilities for the adopted
child, and have no further rights with regard to that child.
1990
78-30-14 Division of Child and Family Services - Duties - Report - Fee.
(1) At the request of the court, the Division of Child and Family Services, through its field agents, persons licensed by the division for the care and placement of children, or through the probation officer of the juvenile court or court of like jurisdiction of the county, under the division's supervision, shall verify the allegations of the petition for adoption of a minor child, make a thorough investigation of the matter, and report its findings in writing to the court.
(2) When the court requests an investigation under Subsection (1), it shall serve a copy of the petition, together with a statement containing the names and addresses of the child and petitioners, on the division by certified mail. The division or the person appointed by the division shall complete the investigation and submit the written report to the court within 60 days of that service.
(3) The division shall charge the petitioner a reasonable fee for the services provided under this section. Fees collected shall be deposited in the General Fund.
(4) The written report submitted to the court under this section shall state:
(a) why the birth parents, if living, desire to be released from the care, support, and guardianship of the child;
(b) whether the birth parents have abandoned the child or are morally unfit for custody;
(c) whether the proposed adoptive parent or parents are financially able and morally fit to have the care, supervision, and training of the child;
(d) the physical and mental condition of the child, so far as that may be determined; and
(e) any other facts and circumstances pertaining to the child and his welfare.
(5) The court shall conduct a full hearing on the petition for adoption and examine the parties in interest under oath. The court may adjourn the hearing from time to time as the nature of the case requires.
(6) If the report submitted by the Division of Child and Family Services under Subsection (2) disapproves of the adoption of the child by the petitioner, the court may dismiss the petition.
(7) A final decree of adoption may not be entered until
the child has lived in the home of the adoptive parent or
parents for six months. However, if the adoptive parent is
the spouse of the birth parent, a final decree of adoption
may not be entered until the child has lived in the home
of that adoptive parent for one year. In the event the child
dies prior to the expiration of that six-month or one-year
period, the court has authority to enter a final decree of
adoption after the child's death upon the request of the
adoptive parents. This subsection shall not be construed
to grant any rights to the birth parents of a child to assert
any interest in the child during that six-month or one-year
period.
1996
78-30-14.5 Fees.
Fees for adoption and adoption-related expenses or payments
may only be made in accordance with Section
76-7-203
.
1990
78-30-15 Petition, report, and documents to be sealed - Exceptions.
The court shall order that the petition for adoption, the written report described in Section 78-30-14 , and any other documents filed in connection with the hearing be sealed. Those items are not open to inspection or copying except:
(1) upon order of the court expressly permitting inspection or copying, after good cause has been shown;
(2) as provided under Section 78-30-18 ; or
(3) those records shall become public on the one hundredth
anniversary of the date the final decree of adoption was
entered.
1999
78-30-15.1 Compliance with the Interstate Compact on Placement of Children.
In any adoption proceeding the petition for adoption shall
state whether the child was born in another state and, if
so, both the petition and the court's final decree of adoption
shall state that the requirements of Title 62A, Chapter 4a,
Part 7, Interstate Compact on Placement of Children, have
been complied with.
1997
78-30-15.5 Itemization of fees and expenses.
(1) Prior to the date that a final decree of adoption is entered, an affidavit regarding fees and expenses, signed by the adoptive parent or parents and the person or agent placing the child, shall be filed with the court. That affidavit shall itemize all fees paid, items exchanged, and services rendered in connection with the adoption and shall state that the requirements of Section 76-7-203 have been complied with.
(2) This section does not apply if the adoptive parent
is the legal spouse of the birth parent.
1997
78-30-16 Definitions - Applications.
(1) As used in Sections 78-30-17 through 78-30-19 :
(a) "Adoptee" means a person who has been legally adopted.
(b) "Adoption" means the judicial act which creates the relationship of parent and child where it did not previously exist and which permanently deprives a birth parent of his parental rights.
(c) "Adult adoptee" means an adoptee who is 21 years of age or older.
(d) "Adult sibling" means a brother or sister of the adoptee, who is 21 years of age or older and whose birth mother or father is the same as that of the adoptee.
(e) "Birth parent" means a biological mother, a person whose paternity of a child is established, or, an alleged father, who has been identified as the father of a child by the child's birth mother, and who has not denied paternity.
(f) "Bureau" means the Bureau of Vital Statistics within the Department of Health operating under Title 26, Chapter 2.
(g) "Genetic and social history" means a comprehensive report, when obtainable, on an adoptee's birth parents, aunts, uncles, and grandparents, which contains the following information:
(i) medical history;
(ii) health status;
(iii) cause of and age at death;
(iv) height, weight, eye, and hair color;
(v) ethnic origins;
(vi) where appropriate, levels of education and professional achievement; and
(vii) religion, if any.
(h) "Health history" means a comprehensive report of the adoptee's health status at the time of placement for adoption, and his medical history, including neonatal, psychological, physiological, and medical care history.
(i) "Identifying information" means the name and address of a birth parent or adult adoptee, or other specific information which by itself or in reasonable conjunction with other information may be used to identify that person.
(2) Sections 78-30-17 through 78-30-19 do not apply to adoptions by a stepparent whose spouse is the adoptee's birth parent.
(3) Sections
78-30-17
through
78-30-19
apply only to adoptions of adoptees born in
this state.
1990
78-30-17 Nonidentifying health history of adoptee filed with bureau - Limited availability.
(1) Upon finalization of an adoption in this state, the person who proceeded on behalf of the petitioner for adoption, or a licensed child placing agency if an agency is involved in the adoption, shall file a report with the bureau, in the form established by the bureau. That report shall include a detailed health history, and a genetic and social history of the adoptee.
(2) The report filed under Subsection (1) may not contain any information which identifies the adoptee's birth parents or members of their families.
(3) When the report described in Subsection (1) is filed, a duplicate report shall be provided to the adoptive parents.
(4) The report filed with the bureau under Subsection (1) shall only be available upon request, and upon presentation of positive identification, to the following persons:
(a) the adoptive parents;
(b) in the event of the death of the adoptive parents, the adoptee's legal guardian;
(c) the adoptee;
(d) in the event of the death of the adoptee, the adoptee's spouse, if the spouse is the parent or guardian of the adoptee's child;
(e) the adoptee's child or descendant;
(f) the adoptee's birth parent; and
(g) the adoptee's adult sibling.
(5) No information which identifies a birth parent or his family may be disclosed under this section.
(6) The actual cost of providing information under this
section shall be paid by the person requesting the information.
1987
78-30-18 Mutual-consent, voluntary adoption registry - Procedures - Fees.
(1) The bureau shall establish a mutual-consent, voluntary adoption registry.
(a) Adult adoptees and birth parents of adult adoptees, upon presentation of positive identification, may request identifying information from the bureau, in the form established by the bureau. A court of competent jurisdiction or a child placing agency licensed under Title 62A, Chapter 4a, Part 6, may accept that request from the adult adoptee or birth parent, in the form provided by the bureau, and transfer that request to the bureau. The adult adoptee or birth parent is responsible for notifying the bureau of any change in information contained in the request.
(b) The bureau may only release identifying information to an adult adoptee or birth parent when it receives requests from both the adoptee and his birth parent.
(c) After matching the request of an adult adoptee with that of at least one of his birth parents, the bureau shall notify both the adoptee and the birth parent that the requests have been matched, and disclose the identifying information to those parties. However, if that adult adoptee has a sibling of the same birth parent who is under the age of 21 years, and who was raised in the same family setting as the adult adoptee, the bureau shall not disclose the requested identifying information to that adult adoptee or his birth parent.
(2) (a) Adult adoptees and adult siblings of adult adoptees, upon presentation of positive identification, may request identifying information from the bureau, in the form established by the bureau. A court of competent jurisdiction or a child placing agency licensed under Title 62A, Chapter 4a, Part 6, may accept that request from the adult adoptee or adult sibling, in the form provided by the bureau, and transfer that request to the bureau. The adult adoptee or adult sibling is responsible for notifying the bureau of any change in information contained in the request.
(b) The bureau may only release identifying information to an adult adoptee or adult sibling when it receives requests from both the adoptee and his adult sibling.
(c) After matching the request of an adult adoptee with that of his adult sibling, if the bureau has been provided with sufficient information to make that match, the bureau shall notify both the adoptee and the adult sibling that the requests have been matched, and disclose the identifying information to those parties.
(3) Information registered with the bureau under this section is available only to a registered adult adoptee and his registered birth parent or registered adult sibling, under the terms of this section.
(4) Information regarding a birth parent who has not registered a request with the bureau may not be disclosed.
(5) The bureau may charge a fee for services provided
under this section, limited to the cost of providing those
services.
1995
78-30-19 Restrictions on disclosure of information - Violations - Penalty.
(1) Information maintained or filed with the bureau under this chapter may not be disclosed except as provided by this chapter, or pursuant to a court order.
(2) Any person who discloses information obtained from
the bureau's voluntary adoption registry in violation of
this chapter, or knowingly allows that information to be
disclosed in violation of this chapter is guilty of a class
A misdemeanor.
1987
