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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 Definitions.
As used in this chapter:
(1) "Adoption service provider" means a:
(a) child-placing agency; or
(b) licensed counselor who has at least one year of experience providing professional social work services to:
(i) adoptive parents; or
(ii) birth parents.
(2) "Child-placing agency" means an agency licensed to place children for adoption under Title 62A, Chapter 4a, Part 6, Child Placing.
(3) "Division" means the Division of Child and Family Services, within the Department of Human Services, created in Section 62A-4a-103 .
(4) "Licensed counselor" means a person who is licensed by the state, or another state, district, or territory of the United States as a:
(a) certified social worker;
(b) clinical social worker;
(c) psychologist;
(d) marriage and family therapist;
(e) professional counselor; or
(f) an equivalent licensed professional of another state, district, or territory of the United States.
(5) "Parent," for purposes of Section 78-30-3.3 , means any person described in Subsections 78-30-4.14 (1)(b) through (f) from whom consent for adoption or relinquishment for adoption is required under Section 78-30-4.14 .
(6) "Unmarried biological father" means a person who:
(a) is the biological father of a child; and
(b) was not married to the biological mother of the child described in Subsection (6)(a) at the time of the child's:
(i) conception; or
(ii) birth.
2006
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
78-30-3.3 Counseling for parents.
(1) Subject to Subsection (2)(a), before relinquishing a child to a child-placing agency, or consenting to the adoption of a child, a parent of the child has the right to participate in counseling:
(a) by a licensed counselor or an adoption service provider selected by the parent participating in the counseling;
(b) for up to three sessions of at least 50 minutes per session; and
(c) subject to Subsection (2)(b), at the expense of the:
(i) child-placing agency; or
(ii) prospective adoptive parents.
(2) (a) Notwithstanding Subsection (1), a parent who has the right to participate in the counseling described in this section may waive that right.
(b) Notwithstanding Subsection (1)(c), the total amount required to be paid by a child-placing agency or the prospective adoptive parents for the counseling described in Subsection (1) may not exceed $250.
(3) Before a parent relinquishes a child to a child-placing agency, or consents to the adoption of a child, the parent shall be informed of the right described in Subsection (1) by the:
(a) child-placing agency;
(b) prospective adoptive parents; or
(c) representative of a person described in Subsection (3)(a) or (b).
(4) (a) Subject to Subsections (4)(b) and (c), before the day on which a final decree of adoption is entered, a statement shall be filed with the court that:
(i) is signed by each parent who:
(A) relinquishes the parent's parental rights; or
(B) consents to the adoption; and
(ii) states that, before the parent took the action described in Subsection (4)(a)(i)(A) or (B), the parent was advised of the parent's right to participate in the counseling described in this section at the expense of the:
(A) child-placing agency; or
(B) prospective adoptive parents.
(b) The statement described in Subsection (4)(a) may be included in the document that:
(i) relinquishes the parent's parental rights; or
(ii) consents to the adoption.
(c) Failure by a person to give the notice described in Subsection (3), or pay for the counseling described in this section:
(i) shall not constitute grounds for invalidating a:
(A) relinquishment of parental rights; or
(B) consent to adoption; and
(ii) shall give rise to a cause of action for the recovery of damages suffered, if any, by the parent or guardian who took the action described in Subsection (4)(c)(i)(A) or (B) against the person required to:
(A) give the notice described in Subsection (3); or
(B) pay for the counseling described in this section.
2005
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 required preplacement adoptive evaluation must be completed or updated within the 12-month period immediately preceding the placement of a child with the prospective adoptive parent. If the prospective adoptive parent has previously received custody of a child for the purpose of adoption, the preplacement adoptive evaluation must be completed or updated within the 12-month period immediately preceding the placement of a child with the prospective adoptive parent and after the placement of the previous child with the prospective adoptive parent.
(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, prepared by 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 prepared by 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;
(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); and
(d) if the child to be adopted is a child who is in the custody of any public child welfare agency, and is a child with special needs as defined in Subsection 62A-4a-902 (2), the preplacement evaluation must be conducted by the Department of Human Services or a licensed child placing agency which has entered into a contract with the department to conduct the preplacement evaluations for children with special needs. Any fee assessed by the evaluating agency is the responsibility of the adopting parent or parents.
(3) The person or agency conducting the preplacement adoptive evaluation shall, in connection with the evaluation, provide the prospective adoptive parent or parents with literature approved by the Division of Child and Family Services relating to adoption, and including information relating to the adoption process, developmental issues that may require early intervention, and community resources that are available to the adoptive parent or parents.
(4) A copy of the preplacement adoptive evaluation shall be filed with the court.
(5) (a) Except as provided in Subsections (5)(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. Except where the child to be adopted and the prospective parent are related as set forth in Subsection (1)(c), the court may waive the postplacement adoptive evaluation for a child with special needs as defined in Section 62A-4a-902 .
(6) 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.
(7) 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.
2004
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
78-30-4.12 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 78-30-4.12 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.
2006
78-30-4.13 Notice of adoption proceedings.
(1) (a) An unmarried biological father, by virtue of the fact that he has engaged in a sexual relationship with a woman:
(i) is considered to be on notice that a pregnancy and an adoption proceeding regarding the child may occur; and
(ii) has a duty to protect his own rights and interests.
(b) An unmarried biological father is entitled to actual notice of a birth or an adoption proceeding with regard to his 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:
(i) waiver;
(ii) relinquishment;
(iii) consent; or
(iv) 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 the petitioner's spouse has not joined in the petition;
(e) the adoptee's spouse, if any;
(f) any person who, prior to the time the mother executes her consent for adoption or relinquishes the child for adoption, is recorded on the birth certificate as the child's father, with the knowledge and consent of the mother;
(g) any person who is:
(i) openly living in the same household with the child at the time the consent is executed or relinquishment made; and
(ii) 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, consistent with Subsection (3)(d):
(i) initiate proceedings to establish paternity under Title 78, Chapter 45g, Utah Uniform Parentage Act; and
(ii) file a notice of the initiation of the proceedings described in Subsection (3)(a)(i) with the state registrar of vital statistics within the Department of Health.
(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)(ii), and make those forms available in the office of the county health department in each county.
(d) The action and notice described in Subsection (3)(a):
(i) may be filed before or after the child's birth; and
(ii) shall be filed prior to the mother's:
(A) execution of consent to adoption of the child; or
(B) relinquishment of the child for adoption.
(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:
(a) may be served immediately after relinquishment or execution of consent;
(b) shall be served at least 30 days prior to the final dispositional hearing; and
(c) 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:
(i) within 30 days after the day on which the person was served with notice of the adoption proceeding;
(ii) that shall set forth specific relief sought; and
(iii) that shall 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 the day on which the person was served with notice of the adoption proceeding:
(i) waives any right to further notice in connection with the adoption;
(ii) forfeits all rights in relation to the adoptee; and
(iii) 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) (i) 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.
(ii) If service of a person described in Subsection (7)(a)(i) is by publication, the court shall designate the content of the notice regarding the identity of the parties.
(iii) The notice described in this Subsection (7)(a) may not include the name of a person seeking to adopt the adoptee.
(b) (i) Except as provided in Subsection (7)(b)(ii) to any other person for whom notice is required under this section, service by certified mail, return receipt requested, is sufficient.
(ii) If the service described in Subsection (7)(b)(i) 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:
(a) intervene in the adoption; and
(b) present evidence to the court relevant to the best
interest of the child.
2005
78-30-4.14 Necessary consent to adoption or relinquishment for adoption.
(1) Except as provided in Subsection (2), consent to adoption of a child, or relinquishment of a child for adoption, is required from:
(a) the adoptee, if the adoptee is more than 12 years of age, unless the adoptee 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;
(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 to adoption or her relinquishment of the child for adoption;
(e) consistent with Subsection (3), 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, Voluntary Declaration of Paternity Act, prior to the mother's execution of consent to adoption or her relinquishment of the child for adoption;
(f) an unmarried biological father of an adoptee, only if he strictly complies with the requirements of Subsections (4) through (8) and (10); and
(g) the person or agency to whom an adoptee has been relinquished and that is placing the child for adoption.
(2) (a) The consent of a person described in Subsections (1)(b) through (g) is not required if the adoptee is 18 years of age or older.
(b) The consent of a person described in Subsections (1)(b) through (f) is not required if the person's parental rights relating to the adoptee have been terminated.
(3) For purposes of Subsection (1)(e), a voluntary declaration of paternity is considered filed when it is entered into a database that:
(a) can be accessed by the Department of Health; and
(b) is designated by the state registrar of vital statistics as the official database for voluntary declarations of paternity.
(4) Except as provided in Subsections (5)(a) and (10), and subject to Subsection (8), with regard to a child who is placed with adoptive parents more than six months after birth, consent of an unmarried biological father is not required unless the unmarried biological father:
(a) (i) developed a substantial relationship with the child by:
(A) visiting the child monthly, unless the unmarried biological father was physically or financially unable to visit the child on a monthly basis; or
(B) engaging in regular communication with the child or with the person or authorized agency that has lawful custody of the child;
(ii) took some measure of responsibility for the child and the child's future; and
(iii) demonstrated a full commitment to the responsibilities of parenthood by financial support of the child of a fair and reasonable sum in accordance with the father's ability; or
(b) (i) openly lived with the child:
(A) (I) for a period of at least six months during the one-year period immediately preceding the day on which the child is placed with adoptive parents; or
(II) if the child is less than one year old, for a period of at least six months during the period of time beginning on the day on which the child is born and ending on the day on which the child is placed with adoptive parents; and
(B) immediately preceding placement of the child with adoptive parents; and
(ii) openly held himself out to be the father of the child during the six-month period described in Subsection (4)(b)(i)(A).
(5) (a) If an unmarried biological father was prevented from complying with a requirement of Subsection (4) by the person or authorized agency having lawful custody of the child, the unmarried biological father is not required to comply with that requirement.
(b) The subjective intent of an unmarried biological father, whether expressed or otherwise, that is unsupported by evidence that the requirements in Subsection (4) have been met, shall not preclude a determination that the father failed to meet the requirements of Subsection (4).
(6) Except as provided in Subsection (10), and subject to Subsection (8), with regard to a child who is six months of age or less at the time the child is placed with adoptive parents, consent of an unmarried biological father is not required unless, prior to the time the mother executes her consent for adoption or relinquishes the child for adoption, the unmarried biological father:
(a) initiates proceedings to establish paternity under Title 78, Chapter 45g, Utah Uniform Parentage Act;
(b) files with the court that is presiding over the paternity proceeding a sworn affidavit:
(i) stating that he is fully able and willing to have full custody of the child;
(ii) setting forth his plans for care of the child; and
(iii) 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;
(c) consistent with Subsection (7), files 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; and
(d) offered to pay and 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 financial ability, unless:
(i) he did not have actual knowledge of the pregnancy;
(ii) he was prevented from paying the expenses by the person or authorized agency having lawful custody of the child; or
(iii) the mother refuses to accept the unmarried biological father's offer to pay the expenses described in this Subsection (6)(d).
(7) The notice described in Subsection (6)(c) is considered filed when it is entered into the registry described in Subsection (6)(c).
(8) Consent of an unmarried biological father is not required under this section if:
(a) the court determines, in accordance with the requirements and procedures of Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act, that the unmarried biological father's rights should be terminated, based on the petition of any interested party; or
(b) (i) a declaration of paternity declaring the unmarried biological father to be the father of the child is rescinded under Section 78-45g-306 ; and
(ii) the unmarried biological father fails to comply with Subsection (6) within ten business days after the day that notice of the rescission described in Subsection (8)(b)(i) is mailed by the Office of Vital Records within the Department of Health as provided in Section 78-45g-306 .
(9) Unless the adoptee is conceived or born within a marriage, the petitioner in an adoption proceeding shall, prior to entrance of a final decree of adoption, file with the court a certificate from the state registrar of vital statistics within the Department of Health, stating:
(a) that a diligent search has been made of the registry of notices from unmarried biological fathers described in Subsection (6)(c); and
(b) (i) that no filing has been found pertaining to the father of the child in question; or
(ii) if a filing is found, the name of the putative father and the time and date of filing.
(10) (a) For purposes of this Subsection (10), "qualifying circumstance" means that, at any point during the time period beginning at the conception of the child and ending at the time the mother executed a consent to adoption or relinquishment of the child for adoption:
(i) the child or the child's mother resided, on a permanent or temporary basis, in the state of Utah;
(ii) the mother intended to give birth to the child in the state of Utah;
(iii) the child was born in the state of Utah; or
(iv) the mother intended to execute a consent to adoption or relinquishment of the child for adoption:
(A) in the state of Utah; or
(B) under the laws of the state of Utah.
(b) Notwithstanding the provisions of Subsections (4) and (6), the consent of an unmarried biological father is required with respect to an adoptee who is under the age of 18 if:
(i) (A) the unmarried biological father did not know, and through the exercise of reasonable diligence could not have known, before the time the mother executed a consent to adoption or relinquishment of the child for adoption, that a qualifying circumstance existed; and
(B) before the mother executed a consent to adoption or relinquishment of the child for adoption, the unmarried biological father fully complied with the requirements to establish parental rights in the child, and to preserve the right to notice of a proceeding in connection with the adoption of the child, imposed by:
(I) the last state where the unmarried biological father knew, or through the exercise of reasonable diligence should have known, that the mother resided in before the mother executed the consent to adoption or relinquishment of the child for adoption; or
(II) the state where the child was conceived; or
(ii) (A) the unmarried biological father knew, or through the exercise of reasonable diligence should have known, before the time the mother executed a consent to adoption or relinquishment of the child for adoption, that a qualifying circumstance existed; and
(B) the unmarried biological father complied with the requirements of Subsection (4) or (6) before the later of:
(I) 20 days after the day that the unmarried biological father knew, or through the exercise of reasonable diligence should have known, that a qualifying circumstance existed; or
(II) the time that the mother executed a consent to adoption or relinquishment of the child for adoption.
(11) An unmarried biological father who does not fully and strictly comply with the requirements of this section is considered to have waived and surrendered any right in relation to the child, including the right to:
(a) notice of any judicial proceeding in connection with the adoption of the child; and
(b) consent, or refuse to consent, to the adoption of
the child.
2006
78-30-4.15 Responsibility of each party for own actions - Fraud or misrepresentation.
(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.
2006
78-30-4.16 Contested adoptions - Rights of parties - Determination of custody.
(1) If a person whose consent for an adoption is required pursuant to Subsection 78-30-4.14 (1)(b), (c), (d), (e), or (f) refused to consent, the court shall determine whether proper grounds exist for the termination of that person's rights pursuant to the provisions of this chapter or Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act.
(2) (a) If there are proper grounds to terminate the person's parental rights, the court shall order that the person's rights be terminated.
(b) If there are not proper grounds to terminate the person's parental rights, the court shall:
(i) dismiss the adoption petition;
(ii) conduct an evidentiary hearing to determine who should have custody of the child; and
(iii) award custody of the child in accordance with the child's best interest.
(3) Evidence considered at the custody hearing may include:
(a) evidence of psychological or emotional bonds that the child has formed with a third person, including the prospective adoptive parent; and
(b) any detriment that a change in custody may cause the child.
(4) The fact that a person relinquished a child for adoption or consented to the adoption may not be considered as evidence that it is not in the child's best interest for custody to be awarded to such person or that:
(a) the person is unfit or incompetent to be a parent;
(b) the person has neglected or abandoned the child; or
(c) the person is not interested in having custody of the child.
(5) Any custody order entered pursuant to this section may also:
(a) include provisions for:
(i) parent-time by a biological parent; or
(ii) visitation by an interested third party; and
(b) provide for the financial support of the child.
(6) (a) If a person or entity whose consent is required for an adoption under Subsection 78-30-4.14 (1)(a) or (g) refuses to consent, the court shall proceed with an evidentiary hearing and award custody as set forth in Subsection (2).
(b) The court may also finalize the adoption if doing so is in the best interest of the child.
(7) An adoption may not be contested after the final decree
of adoption is entered.
2005
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 person 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 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 receive a copy of the consent or relinquishment.
2004
78-30-4.19 Time period prior to birth mother's consent.
(1) 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.
(2) The consent or relinquishment of any other person
as required by Section
78-30-4.14
may be executed at any time, including prior
to the birth of the child.
2004
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.
(1) A minor parent has the power to:
(a) consent to the adoption of the minor's child; and
(b) relinquish the minor's control or custody of the child for adoption.
(2) The consent or relinquishment described in Subsection (1) is valid and has the same force and effect as a consent or relinquishment executed by an adult parent.
(3) A minor parent, having executed a consent or relinquishment,
cannot revoke that consent upon reaching the age of majority
or otherwise becoming emancipated.
2005
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.
A biological father is not entitled to notice of an adoption
proceeding, nor is the consent of a biological father required
in connection with an adoption proceeding, in cases where
it is shown that the child who is the subject of the proceeding
was conceived as a result of conduct which would constitute
any sexual offense described in Title 76, Chapter 5, Part
4, regardless of whether the biological father is formally
charged with or convicted of a criminal offense.
2004
78-30-4.24 Determination of rights prior to adoption petition.
Any interested person may petition a court having jurisdiction
over adoption proceedings 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 finalization
of the adoption, including any time prior to the child's
birth.
2004
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 District court venue - Jurisdiction of juvenile court - Jurisdiction over nonresidents - 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 if the person adopting is not a resident of this state, in the district where the child was born or in which the child-placing agency that has custody of the child is located; or
(b) with the juvenile court as provided in Subsection 78-3a-104 (1).
(2) 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).
(3) 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.
(4) (a) If a person whose consent for the adoption is required under Section 78-30-4.14 cannot be found within the state, the fact of the minor's presence within the state shall confer jurisdiction on the court in proceedings under this chapter as to such absent person, provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.
(b) The notice may not include:
(i) the name of the person or persons seeking to adopt the adoptee; or
(ii) an unmarried mother without that person's consent.
(5) Service of notice as provided in Subsection (6) shall vest the court with jurisdiction over the person served in the same manner and to the same extent as if the person served was served personally within the state.
(6) In the case of service outside the state, service completed not less than five days before the time set in the notice for appearance of the person served, shall be sufficient to confer jurisdiction.
(7) Computation of periods of time not otherwise set forth
in this section shall be made in accordance with the Utah
Rules of Civil Procedure.
2006
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 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.
2004
78-30-8.6 Adoption order from foreign country.
(1) Except as otherwise provided by federal law, an adoption order rendered to a resident of this state that is made by a foreign country shall be recognized by the courts of this state and enforced as if the order were rendered by a court in this state.
(2) A person who adopts a child in a foreign country may register the order in this state. A petition for registration of a foreign adoption order may be combined with a petition for a name change. If the court finds that the foreign adoption order meets the requirements of Subsection (1), the court shall order the state registrar to:
(a) file the order pursuant to Section 78-30-9 ; and
(b) file a certificate of birth for the child pursuant to Section 26-2-28 .
(3) If a clerk of the court is unable to establish the
fact, time, and place of birth from the documentation provided,
a person holding a direct, tangible, and legitimate interest
as described in Subsection
26-2-22
(2)(a) or (b) may petition for a court order
establishing the fact, time, and place of a birth pursuant
to Subsection
26-2-15
(1).
2004
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, 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:
(a) verify the allegations of the petition for adoption of a minor child;
(b) make a thorough investigation of the matter; and
(c) report the division's findings in writing to the court.
(2) (a) When the court requests an investigation under Subsection (1), the court 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.
(b) The division, or the person appointed by the division, shall complete the investigation described in Subsection (2)(a) and submit a written report to the court within 60 days after the day that the petition is served on the division.
(3) (a) The division shall charge the petitioner a reasonable fee for the services provided under this section.
(b) 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 the child's welfare.
(5) (a) The court shall conduct a full hearing on the petition for adoption and examine the parties in interest under oath.
(b) 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 under Subsection (2) disapproves of the adoption of the child by the petitioner, the court may dismiss the petition.
(7) (a) Except as provided in Subsection (7)(b), 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.
(b) 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.
(c) In the event the child dies during the time that the child is placed in the home of an adoptive parent or parents for the purpose of adoption, the court has authority to enter a final decree of adoption after the child's death upon the request of the adoptive parents.
(d) The court may enter a final decree of adoption declaring that a child is adopted by both a deceased and a surviving adoptive parent if, after the child is placed in the home of the child's adoptive parents:
(i) one of the adoptive parents dies;
(ii) the surviving adoptive parent requests that the court enter the decree; and
(iii) the decree is entered after the child has lived in the home of the surviving adoptive parent for at least six months.
(e) Upon request of a surviving birth parent, or a surviving parent for whom adoption of a child has been finalized, the court may enter a final decree of adoption declaring that a child is adopted by a deceased adoptive parent who was the spouse of the surviving parent at the time of the adoptive parent's death.
(f) The court may enter a final decree of adoption declaring that a child is adopted by both deceased adoptive parents if:
(i) both of the adoptive parents die after the child is placed in the adoptive parent's home; and
(ii) it is in the best interests of the child to enter the decree.
(8) Nothing in this section shall be construed to grant
any rights to the birth parents of a child to assert any
interest in the child during the six-month or one-year periods
described in this section.
2006
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) Except as provided in Subsection (4), 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 agency placing the child, shall be filed with the court.
(2) The affidavit described in Subsection (1) shall itemize the following items in connection with the adoption:
(a) all legal expenses, maternity expenses, medical or hospital expenses, and living expenses that have been or will be paid to or on behalf of the birth mother or biological father, including the source of payment;
(b) fees paid by the prospective adoptive parent or parents in connection with the adoption;
(c) all gifts, property, or other items that have been or will be provided to the birth mother or biological father, including the source of the gifts, property, or other items;
(d) all public funds used for any medical or hospital costs in connection with the:
(i) pregnancy;
(ii) delivery of the child; or
(iii) care of the child;
(e) the state of residence of the:
(i) birth mother; and
(ii) prospective adoptive parent or parents;
(f) a description of services provided to the prospective adoptive parent or parents or biological parents in connection with the adoption; and
(g) that Section 76-7-203 has not been violated.
(3) A copy of the affidavit described in Subsection (1) shall be provided to the Office of Licensing within the Department of Human Services.
(4) This section does not apply if the adoptive parent
is the legal spouse of the birth parent.
2005
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
