Child Adoption Laws
Utah

We hope to help you learn more about the child adoption laws in the State of Utah.  Please note that while we have tried to be as current as possible, laws are occasionally rewritten and/or amended; accordingly, the Utah adoption law provided below may have errors, omissions, or may not be the most current version. Please remember that this information should not be used as the basis for making any legal decision. Please use appropriate resources and an attorney's advice when making legal decisions.

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Adopting Families in Utah

Utah Adoption Statute and Law
Title 78B: Judicial Code
Chapter 6: Particular Proceedings-Utah Adoption Act

(This page was last updated on (10/22/13.)

78B-6-101. Title.
This part is known as the "Utah Adoption Act."
Enacted by Chapter 3, 2008 General Session

78B-6-102. Legislative intent and findings -- Best interest of child --
Interests of each party.
(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, 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) 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.
(4) 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 this part.
(5) The Legislature also 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;
(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; and
(f) the state has a compelling interest in requiring unmarried biological fathers to
demonstrate commitment by providing appropriate medical care and financial support and by establishing legal paternity, in accordance with the requirements of this chapter.
(6) (a) In enacting this chapter, the Legislature has prescribed 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) 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.
(e) An unmarried biological father has the primary responsibility to protect his
rights.
(f) 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.
(7) 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.
Renumbered and Amended by Chapter 3, 2008 General Session

78B-6-103. Definitions.
As used in this part:
(1) "Adoptee" means a person who:
(a) is the subject of an adoption proceeding; or
(b) has been legally adopted.
(2) "Adoption" means the judicial act that:
(a) creates the relationship of parent and child where it did not previously exist;
and
(b) except as provided in Subsection 78B-6-138(2), terminates the parental
rights of any other person with respect to the child.
(3) "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;
(ii) prospective adoptive parents; or
(iii) birth parents.
(4) "Adoptive parent" means a person who has legally adopted an adoptee.
(5) "Adult" means a person who is 18 years of age or older.
(6) "Adult adoptee" means an adoptee who is 18 years of age or older.
(7) "Adult sibling" means a brother or sister of the adoptee, who is 18 years of
age or older and whose birth mother or father is the same as that of the adoptee.
(8) "Birth mother" means the biological mother of a child.
(9) "Birth parent" means:
(a) a birth mother;
(b) a man whose paternity of a child is established;
(c) a man who:
(i) has been identified as the father of a child by the child's birth mother; and
(ii) has not denied paternity; or
(d) an unmarried biological father.
(10) "Child-placing agency" means an agency licensed to place children for
adoption under Title 62A, Chapter 4a, Part 6, Child Placing.
(11) "Cohabiting" means residing with another person and being involved in a
sexual relationship with that person.
(12) "Division" means the Division of Child and Family Services, within the
Department of Human Services, created in Section 62A-4a-103.
(13) "Extra-jurisdictional child-placing agency" means an agency licensed to
place children for adoption by a district, territory, or state of the United States, other
than Utah.
(14) "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:
(a) medical history;
(b) health status;
(c) cause of and age at death;
(d) height, weight, and eye and hair color;
(e) ethnic origins;
(f) where appropriate, levels of education and professional achievement; and
(g) religion, if any.
(15) "Health history" means a comprehensive report of the adoptee's health
status at the time of placement for adoption, and medical history, including neonatal,
psychological, physiological, and medical care history.
(16) "Identifying information" means the name and address of a pre-existing
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.
(17) "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.
(18) "Man" means a male individual, regardless of age.
(19) "Office" means the Office of Vital Records and Statistics within the
Department of Health operating under Title 26, Chapter 2, Utah Vital Statistics Act.
(20) "Parent," for purposes of Section 78B-6-119, means any person described
in Subsections 78B-6-120(1)(b) through (f) from whom consent for adoption or
relinquishment for adoption is required under Sections 78B-6-120 through 78B-6-122.
(21) "Potential birth father" means a man who:
(a) is identified by a birth mother as a potential biological father of the birth
mother's child, but whose genetic paternity has not been established; and
(b) was not married to the biological mother of the child described in Subsection
(21)(a) at the time of the child's conception or birth.
(22) "Pre-existing parent" means:
(a) a birth parent; or
(b) a person who, before an adoption decree is entered, is, due to an earlier
adoption decree, legally the parent of the child being adopted.
(23) "Prospective adoptive parent" means a person who seeks to adopt an
adoptee.
(24) "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
(24)(a) at the time of the child's conception or birth.
Amended by Chapter 340, 2012 General Session

78B-6-104. Limitations.
(1) Sections 78B-6-143 through 78B-6-145 do not apply to adoptions by a
stepparent whose spouse is the adoptee's parent.
(2) Sections 78B-6-143 through 78B-6-145 apply only to adoptions of adoptees
born in this state.
Amended by Chapter 237, 2010 General Session

78B-6-105. 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 prospective adoptive parent resides;
(b) if the prospective adoptive parent is not a resident of this state, in the district
where:
(i) the adoptee was born;
(ii) the adoptee resides on the day on which the petition is filed; or
(iii) a parent of the proposed adoptee resides on the day on which the petition is
filed; or
(c) with the juvenile court as provided in Subsection 78A-6-103(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:
(a) may be filed before the birth of a child;
(b) may be filed before or after the adoptee is placed in the home of the
petitioner for the purpose of adoption; and
(c) shall be filed no later than 30 days after the day on which the adoptee is
placed in the home of the petitioners for the purpose of adoption, unless:
(i) the time for filing has been extended by the court; or
(ii) the adoption is arranged by a 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
78B-6-120 or 78B-6-121 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 the name of:
(i) a prospective adoptive parent; or
(ii) an unmarried mother without her 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.
Amended by Chapter 458, 2013 General Session

78B-6-106. 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 78B-6-133.
Renumbered and Amended by Chapter 3, 2008 General Session

78B-6-107. Compliance with the Interstate Compact on Placement of
Children -- Compliance with the Indian Child Welfare Act.
(1) 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.
(2) In any adoption proceeding involving an "Indian child," as defined in 25
U.S.C. Sec. 1903, a child-placing agency and the petitioners shall comply with the
Indian Child Welfare Act, Title 25, Chapter 21, of the United States Code.
Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 137, 2008 General Session

78B-6-108. 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.
Renumbered and Amended by Chapter 3, 2008 General Session

78B-6-109. Determination of rights prior to adoption petition.
(1) (a) 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 part.
(b) The petition described in Subsection (1) may be filed at any time before the
finalization of the adoption, including before:
(i) the child's birth;
(ii) a petition for adoption is filed; or
(iii) a petition to terminate parental rights is filed.
(2) If a petition for adoption or a petition to terminate parental rights has been
filed in district court, the petitioner or any interested person may, without filing a
separate petition, move the court for a determination of the rights and interests of any
person who may claim an interest in a child under this part.
Amended by Chapter 237, 2010 General Session

78B-6-110. 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 78B-6-120 or 78B-6-121, unless that right has been terminated by:
(i) waiver;
(ii) relinquishment;
(iii) actual consent, as described in Subsection (12); 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) a 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, unless the court finds that the mother's spouse is not the child's father under Section 78B-15-607.
(3) (a) In order to preserve any right to notice, an unmarried biological father
shall, consistent with Subsection (3)(d):
(i) initiate proceedings in a district court of Utah to establish paternity under Title
78B, Chapter 15, Utah Uniform Parentage Act; and
(ii) file a notice of commencement of the proceedings described in Subsection
(3)(a)(i) with the office 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 78B-3-307.
(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) When the state registrar of vital statistics receives a completed form, the
registrar shall:
(i) record the date and time the form was received; and
(ii) immediately enter the information provided by the unmarried biological father
in the confidential registry established by Subsection 78B-6-121(3)(c).
(e) 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 at any time after the petition for adoption is filed, but may not
be served on a birth mother before she has given birth to the child who is the subject of the petition for adoption;
(b) shall be served at least 30 days prior to the final dispositional hearing;
(c) shall specifically state that the person served shall fulfill the requirements of
Subsection (6)(a), within 30 days after the day on which the person receives service if the person intends to intervene in or contest the adoption;
(d) shall state the consequences, described in Subsection (6)(b), for failure of a
person to file a motion for relief within 30 days after the day on which the person is
served with notice of an adoption proceeding;
(e) is not required to include, nor be accompanied by, a summons or a copy of
the petition for adoption; and
(f) shall state where the person may obtain a copy of the petition for adoption.
(6) (a) A person who has been served with notice of an adoption proceeding and
who wishes to contest the adoption shall file a motion to intervene in the adoption
proceeding:
(i) within 30 days after the day on which the person was served with notice of
the adoption proceeding;
(ii) setting forth specific relief sought; and
(iii) accompanied by a memorandum specifying the factual and legal grounds
upon which the motion is based.
(b) A person who fails to fully and strictly comply with all of the requirements
described in Subsection (6)(a) 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) Subject to Subsection (5)(e), service on a person whose consent is
necessary under Section 78B-6-120 or 78B-6-121 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 78B-6-120 or 78B-6-121, 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.
(12) In order to be excused from the requirement to provide notice as described
in Subsection (2)(a) on the grounds that the person has provided consent to the
adoption proceeding under Subsection (2)(a)(iii), the consent may not be implied
consent, as described in Section 78B-6-120.1.
Amended by Chapter 458, 2013 General Session

78B-6-110.1. Prebirth notice to presumed father of intent to place a child
for adoption.
(1) As used in this section, "birth father" means:
(a) a potential biological father; or
(b) an unmarried biological father.
(2) Before the birth of a child, the following individuals may notify a birth father of
the child that the mother of the child is considering an adoptive placement for the child:
(a) the child's mother;
(b) a licensed child placing agency;
(c) an attorney representing a prospective adoptive parent of the child; or
(d) an attorney representing the mother of the child.
(3) Providing a birth father with notice under Subsection (2) does not obligate
the mother of the child to proceed with an adoptive placement of the child.
(4) The notice described in Subsection (2) shall include the name, address, and
telephone number of the person providing the notice, and shall include the following
information:
(a) the mother's intent to place the child for adoption;
(b) that the mother has named the person receiving this notice as a potential
birth father of her child;
(c) the requirements to contest the adoption, including taking the following steps
within 30 days after the day on which the notice is served:
(i) initiating proceedings to establish or assert paternity in a district court of Utah
within 30 days after the day on which notice is served, including filing an affidavit
stating:
(A) that the birth father is fully able and willing to have full custody of the child;
(B) the birth father's plans to care for the child; and
(C) that the birth father agrees to pay for child support and expenses incurred in
connection with the pregnancy and birth; and
(ii) filing a notice of commencement of paternity proceedings with the state
registrar of vital statistics within the Utah Department of Health;
(d) the consequences for failure to comply with Subsection (4)(c), including that:
(i) the birth father's ability to assert the right, if any, to consent or refuse to
consent to the adoption is irrevocably lost;
(ii) the birth father will lose the ability to assert the right to contest any future
adoption of the child; and
(iii) the birth father will lose the right, if any, to notice of any adoption
proceedings related to the child;
(e) that the birth father may consent to the adoption, if any, within 30 days after
the day on which the notice is received, and that his consent is irrevocable; and
(f) that no communication between the mother of the child and the birth father
changes the rights and responsibilities of the birth father described in the notice.
(5) If the recipient of the notice described in Subsection (2) does not fully and
strictly comply with the requirements of Subsection (4)(c) within 30 days after the day on which he receives the notice, he will lose:
(a) the ability to assert the right to consent or refuse to consent to an adoption of
the child described in the notice;
(b) the ability to assert the right to contest any future adoption of the child
described in the notice; and
(c) the right to notice of any adoption proceedings relating to the child described
in the notice.
(6) If an individual described in Subsection (2) chooses to notify a birth father
under this section, the notice shall be served on a birth father in a manner consistent
with the Utah Rules of Civil Procedure or by certified mail.
Enacted by Chapter 340, 2012 General Session

78B-6-111. 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.
Renumbered and Amended by Chapter 3, 2008 General Session

78B-6-112. District court jurisdiction over certain termination of parental
rights proceedings.
(1) A district court has jurisdiction to hear and decide a petition to terminate
parental rights in a child if the party who filed the petition is seeking to terminate
parental rights in the child for the purpose of facilitating the adoption of the child.
(2) A petition to terminate parental rights under this section may be:
(a) joined with a proceeding on an adoption petition; or
(b) filed as a separate proceeding before or after a petition to adopt the child is
filed.
(3) A court may enter a final order terminating parental rights before a final
decree of adoption is entered.
(4) (a) Nothing in this section limits the jurisdiction of a juvenile court relating to
proceedings to terminate parental rights as described in Section 78A-6-103.
(b) This section does not grant jurisdiction to a district court to terminate parental
rights in a child if the child is under the jurisdiction of the juvenile court in a pending
abuse, neglect, dependency, or termination of parental rights proceeding.
(5) The district court may terminate a person's parental rights in a child if:
(a) the person executes a voluntary consent to adoption, or relinquishment for
adoption, of the child, in accordance with:
(i) the requirements of this chapter; or
(ii) the laws of another state or country, if the consent is valid and irrevocable;
(b) the person is an unmarried biological father who is not entitled to consent to
adoption, or relinquishment for adoption, under Section 78B-6-120 or 78B-6-121;
(c) the person:
(i) received notice of the adoption proceeding relating to the child under Section
78B-6-110; and
(ii) failed to file a motion for relief, under Subsection 78B-6-110(6), within 30
days after the day on which the person was served with notice of the adoption
proceeding;
(d) the court finds, under Section 78B-15-607, that the person is not a parent of
the child; or
(e) the person's parental rights are terminated on grounds described in Title
78A, Chapter 6, Part 5, Termination of Parental Rights Act, if terminating the person's parental rights is in the best interests of the child.
Amended by Chapter 340, 2012 General Session

78B-6-113. Prospective adoptive 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 prospective adoptive parent shall:
(a) comply with the provisions of Sections 78B-6-128 and 78B-6-130; and
(b) (i) if the child is in state custody:
(A) submit fingerprints for a Federal Bureau of Investigation national criminal
history record check through the Criminal and Technical Services Division of the
Department of Public Safety in accordance with the provisions of Section 62A-2-120; or
(B) submit to a fingerprint based Federal Bureau of Investigation national
criminal history record check through a law enforcement agency in another state,
district, or territory of the United States; or
(ii) subject to Subsection (2), if the child is not in state custody:
(A) submit fingerprints for a Federal Bureau of Investigation national criminal
history records check as a personal records check; or
(B) complete a criminal records check and child abuse database check for each
state and, if available, country, where the prospective adoptive parent resided during
the five years immediately preceding the day on which the adoption petition is to be
finalized.
(2) For purposes of Subsection (1)(b)(ii):
(a) if the adoption is being handled by a human services program, as defined in
Section 62A-2-101:
(i) the criminal history check described in Subsection (1)(b)(ii)(A) shall be
submitted in accordance with procedures established by the Criminal Investigations and Technical Services Division of the Department of Public Safety; and
(ii) subject to Subsection (3), the criminal history check described in Subsection
(1)(b)(ii)(B) shall be submitted in a manner acceptable to the court that will:
(A) preserve the chain of custody of the results; and
(B) not permit tampering with the results by a prospective adoptive parent or
other interested party; and
(b) if the adoption is being handled by a private attorney, and not a human
services program, the criminal history checks described in Subsection (1)(b)(ii), shall be:
(i) submitted in accordance with procedures established by the Criminal
Investigations and Technical Services Division of the Department of Public Safety; or
(ii) subject to Subsection (3), submitted in a manner acceptable to the court that
will:
(A) preserve the chain of custody of the results; and
(B) not permit tampering with the results by a prospective adoptive parent or
other interested party.
(3) In order to comply with Subsection (2)(a)(ii) or (b)(ii), the manner in which the
criminal history check is submitted shall be approved by the court.
(4) Except as provided in Subsection 78B-6-131(2), in addition to the other
requirements of this section, before a child in state custody is placed with a prospective foster parent or a prospective adoptive parent, the Department of Human Services shall comply with Section 78B-6-131.
Amended by Chapter 340, 2012 General Session

78B-6-114. Adoption by married persons -- Consent.
(1) A married man who is not lawfully separated from his wife may not adopt a
child without the consent of his wife, if his wife is capable of giving consent.
(2) A married woman who is not lawfully separated from her husband may not
adopt a child without his consent, if he is capable of giving his consent.
Renumbered and Amended by Chapter 3, 2008 General Session

78B-6-115. Who may adopt -- Adoption of minor -- Adoption of adult.
(1) For purposes of this section, "vulnerable adult" means:
(a) a person 65 years of age or older; or
(b) an adult, 18 years of age or older, who has a mental or physical impairment
which substantially affects that person's ability to:
(i) provide personal protection;
(ii) provide necessities such as food, shelter, clothing, or medical or other health
care;
(iii) obtain services necessary for health, safety, or welfare;
(iv) carry out the activities of daily living;
(v) manage the adult's own resources; or
(vi) comprehend the nature and consequences of remaining in a situation of
abuse, neglect, or exploitation.
(2) Subject to this section and Section 78B-6-117, any adult may be adopted by
another adult.
(3) The following provisions of this part apply to the adoption of an adult just as
though the person being adopted were a minor:
(a) (i) Section 78B-6-108;
(ii) Section 78B-6-114;
(iii) Section 78B-6-116;
(iv) Section 78B-6-118;
(v) Section 78B-6-124;
(vi) Section 78B-6-136;
(vii) Section 78B-6-137;
(viii) Section 78B-6-138;
(ix) Section 78B-6-139;
(x) Section 78B-6-141; and
(xi) Section 78B-6-142;
(b) Subsections 78B-6-105(1)(a), (1)(b)(i), (1)(b)(ii), (2), and (7), except that the
juvenile court does not have jurisdiction over a proceeding for adoption of an adult,
unless the adoption arises from a case where the juvenile court has continuing
jurisdiction over the adult adoptee; and
(c) if the adult adoptee is a vulnerable adult, Sections 78B-6-128 through
78B-6-131, regardless of whether the adult adoptee resides, or will reside, with the
adoptors, unless the court, based on a finding of good cause, waives the requirements
of those sections.
(4) Before a court enters a final decree of adoption of an adult, the adoptee and
the prospective adoptive parent or parents shall appear before the court presiding over the adoption proceedings and execute consent to the adoption.
(5) No provision of this part, other than those listed or described in this section
or Section 78B-6-117, apply to the adoption of an adult.
Amended by Chapter 340, 2012 General Session

78B-6-116. Notice and consent for adoption of an adult.
(1) (a) Consent to the adoption of an adult is required from:
(i) the adult adoptee;
(ii) any person who is adopting the adult;
(iii) the spouse of a person adopting the adult; and
(iv) any legally appointed guardian or custodian of the adult adoptee.
(b) No person, other than a person described in Subsection (1)(a), may consent,
or withhold consent, to the adoption of an adult.
(2) (a) Except as provided in Subsection (2)(b), notice of a proceeding for the
adoption of an adult shall be served on each person described in Subsection (1)(a) and the spouse of the adoptee.
(b) The notice described in Subsection (2)(a) may be waived, in writing, by the
person entitled to receive notice.
(3) The notice described in Subsection (2):
(a) shall be served at least 30 days before the day on which the adoption is
finalized;
(b) shall specifically state that the person served must respond to the petition
within 30 days of service if the person intends to intervene in the adoption proceeding;
(c) shall state the name of the person to be adopted;
(d) may not state the name of a person adopting the adoptee, unless the person
consents, in writing, to disclosure of the person's name;
(e) with regard to a person described in Subsection (1)(a):
(i) except as provided in Subsection (2)(b), shall be in accordance with the
provisions of the Utah Rules of Civil Procedure; and
(ii) may not be made by publication; and
(f) with regard to the spouse of the adoptee, may be made:
(i) in accordance with the provisions of the Utah Rules of Civil Procedure;
(ii) by certified mail, return receipt requested; or
(iii) by publication, posting, or other means if:
(A) the service described in Subsection (3)(f)(ii) cannot be completed after two
attempts; and
(B) the court issues an order providing for service by publication, posting, or
other means.
(4) Proof of service of the notice on each person to whom notice is required by
this section shall be filed with the court before the adoption is finalized.
(5) (a) Any person who is served with notice of a proceeding for the adoption of
an adult and who wishes to intervene in the adoption shall file a motion in the adoption proceeding:
(i) within 30 days after the day on which the person is served with notice of the
adoption proceeding;
(ii) that sets forth the specific relief sought; and
(iii) that is accompanied by a memorandum specifying the factual and legal
grounds upon which the motion is made.
(b) A person who fails to file the motion described in Subsection (5)(a) within the
time described in Subsection (5)(a)(i):
(i) waives any right to further notice of the adoption proceeding; and
(ii) is barred from intervening in, or bringing or maintaining any action
challenging, the adoption proceeding.
(6) Except as provided in Subsection (7), after a court enters a final decree of
adoption of an adult, the adult adoptee shall:
(a) serve notice of the finalization of the adoption, pursuant to the Utah Rules of
Civil Procedure, on each person who was a legal parent of the adult adoptee before the final decree of adoption described in this Subsection (6) was entered; and
(b) file with the court proof of service of the notice described in Subsection
(6)(a).
(7) A court may, based on a finding of good cause, waive the notification
requirement described in Subsection (6).
Renumbered and Amended by Chapter 3, 2008 General Session

78B-6-117. Who may adopt -- Adoption of minor.
(1) A minor child may be adopted by an adult person, in accordance with the
provisions and requirements of this section and this part.
(2) A child may be adopted by:
(a) adults who are legally married to each other in accordance with the laws of
this state, including adoption by a stepparent; or
(b) subject to Subsection (4), any single adult, except as provided in Subsection
(3).
(3) 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.
(4) In order to provide a child who is in the custody of the division with the most
beneficial family structure, when a child in the custody of the division is placed for
adoption, the division or child-placing agency shall place the child with a man and a
woman who are married to each other, unless:
(a) there are no qualified married couples who:
(i) have applied to adopt a child;
(ii) are willing to adopt the child; and
(iii) are an appropriate placement for the child;
(b) the child is placed with a relative of the child;
(c) the child is placed with a person who has already developed a substantial
relationship with the child;
(d) the child is placed with a person who:
(i) is selected by a parent or former parent of the child, if the parent or former
parent consented to the adoption of the child; and
(ii) the parent or former parent described in Subsection (4)(d)(i):
(A) knew the person with whom the child is placed before the parent consented
to the adoption; or
(B) became aware of the person with whom the child is placed through a source
other than the division or the child-placing agency that assists with the adoption of the child; or
(e) it is in the best interests of the child to place the child with a single person.
Enacted by Chapter 3, 2008 General Session

78B-6-118. Relative ages.
A person adopting a child must be at least 10 years older than the child adopted,
unless the petitioners for adoption are a married couple, one of which is at least 10
years older than the child.
Renumbered and Amended by Chapter 3, 2008 General Session

78B-6-119. 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 $400, unless an agreement for a greater amount is signed by:
(i) the parent who receives the counseling; and
(ii) the child-placing agency or prospective adoptive parents.
(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.
Amended by Chapter 159, 2009 General Session

78B-6-120. 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) a man who:
(i) by operation of law under Section 78B-15-204, is recognized as the father of
the proposed adoptee, unless:
(A) the presumption is rebutted under Section 78B-15-607; or
(B) the man was not married to the mother of the proposed adoptee until after
the mother consented to adoption, or relinquishment for adoption, of the proposed
adoptee; or
(ii) is the father of the adoptee by a previous legal adoption;
(c) the mother of the adoptee;
(d) a 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), a 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 78B, Chapter 15, Utah Uniform Parentage 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, whose consent is not required
under Subsection (1)(d) or (1)(e), only if he fully and strictly complies with the
requirements of Sections 78B-6-121 and 78B-6-122; 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.
Amended by Chapter 458, 2013 General Session

78B-6-120.1. Implied consent.
(1) (a) As used in this section, "abandonment" means failure of a father, with
reasonable knowledge of the pregnancy, to offer and provide financial and emotional
support to the birth mother for a period of six months before the day on which the
adoptee is born.
(b) A court may not determine that a father abandoned the birth mother if the
father failed to provide financial or emotional support because the birth mother refused to accept support.
(2) (a) As used in this section, "emotional support" means a pattern of
statements or actions that indicate to a reasonable person that a father intends to
provide for the physical and emotional well-being of an unborn child.
(b) A court may not find that a father failed to provide emotional support if the
father's failure was due to impossibility of performance.
(3) Consent or relinquishment, as required by Subsection 78B-6-120(1), may be
implied by any of the following acts:
(a) abandonment;
(b) leaving the adoptee with a third party, without providing the third party with
the parent's identification, for 30 consecutive days;
(c) knowingly leaving the adoptee with another person, without providing for
support, communicating, or otherwise maintaining a substantial relationship with the
adoptee, for six consecutive months; or
(d) receiving notification of a pending adoption proceeding under Subsection
78B-6-110(6) or of a termination proceeding under Section 78B-6-112 and failing to
respond as required.
(4) Implied consent under Subsection (3)(a) may not be withdrawn.
(5) Nothing in this section negates the requirements of Section 78B-6-121 or
78B-6-122 for an unmarried biological father.
Enacted by Chapter 458, 2013 General Session

78B-6-121. Consent of unmarried biological father.
(1) Except as provided in Subsections (2)(a) and 78B-6-122(1), and subject to
Subsections (5) and (6), with regard to a child who is placed with prospective 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 prospective 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 prospective adoptive parents; and
(B) immediately preceding placement of the child with prospective adoptive
parents; and
(ii) openly held himself out to be the father of the child during the six-month
period described in Subsection (1)(b)(i)(A).
(2) (a) If an unmarried biological father was prevented from complying with a
requirement of Subsection (1) 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 (1)
have been met, shall not preclude a determination that the father failed to meet the
requirements of Subsection (1).
(3) Except as provided in Subsections (6) and 78B-6-122(1), and subject to
Subsection (5), with regard to a child who is six months of age or less at the time the
child is placed with prospective 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 in a district court of Utah to establish paternity under
Title 78B, Chapter 15, 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 (4), files notice of the commencement of paternity
proceedings, described in Subsection (3)(a), 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, during the pregnancy and after the child's birth, 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 (3)(d).
(4) The notice described in Subsection (3)(c) is considered filed when received
by the state registrar of vital statistics.
(5) Unless his ability to assert the right to consent has been lost for failure to
comply with Section 78B-6-110.1, or lost under another provision of Utah law, an
unmarried biological father shall have at least one business day after the child's birth to fully and strictly comply with the requirements of Subsection (3).
(6) 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 78A, Chapter 6, Part 5, Termination of Parental Rights Act, that the unmarried
biological father's rights should be terminated, based on the petition of any interested
party;
(b) (i) a declaration of paternity declaring the unmarried biological father to be
the father of the child is rescinded under Section 78B-15-306; and
(ii) the unmarried biological father fails to comply with Subsection (3) within 10
business days after the day that notice of the rescission described in Subsection
(6)(b)(i) is mailed by the Office of Vital Records within the Department of Health as
provided in Section 78B-15-306; or
(c) the unmarried biological father is notified under Section 78B-6-110.1 and
fails to preserve his rights in accordance with the requirements of that section.
(7) 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 (3)(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.
Amended by Chapter 278, 2013 General Session
Amended by Chapter 458, 2013 General Session

78B-6-122. Qualifying circumstance.
(1) (a) For purposes of this section, "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 basis, or a temporary
basis of no less than 30 consecutive days, in the state;
(ii) the mother intended to give birth to the child in the state;
(iii) the child was born in the state; or
(iv) the mother intended to execute a consent to adoption or relinquishment of
the child for adoption:
(A) in the state; or
(B) under the laws of the state.
(b) For purposes of Subsection (1)(c)(i)(C) only, when determining whether an
unmarried biological father has demonstrated a full commitment to his parental
responsibilities, a court shall consider the totality of the circumstances, including, if
applicable:
(i) efforts he has taken to discover the location of the child or the child's mother;
(ii) whether he has expressed or demonstrated an interest in taking
responsibility for the child;
(iii) whether, and to what extent, he has developed, or attempted to develop, a
relationship with the child;
(iv) whether he offered to provide and, if the offer was accepted, did provide,
financial support for the child or the child's mother;
(v) whether, and to what extent, he has communicated, or attempted to
communicate, with the child or the child's mother;
(vi) whether he has filed legal proceedings to establish his paternity of, and take
responsibility for, the child;
(vii) whether he has filed a notice with a public official or agency relating to:
(A) his paternity of the child; or
(B) legal proceedings to establish his paternity of the child; or
(viii) other evidence that demonstrates that he has demonstrated a full
commitment to his parental responsibilities.
(c) Notwithstanding the provisions of Section 78B-6-121, 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;
(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; and
(C) the unmarried biological father has demonstrated, based on the totality of
the circumstances, a full commitment to his parental responsibilities, as described in
Subsection (1)(b); 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 Section
78B-6-121 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.
(2) An unmarried biological father who does not fully and strictly comply with the
requirements of Section 78B-6-121 and 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.
Amended by Chapter 474, 2013 General Session

78B-6-122.5. Effect of out-of-state paternity adjudication, declaration, or
acknowledgment.
Unless a person who is an unmarried biological father has fully and strictly
complied with the requirements of Sections 78B-6-120 through 78B-6-122, an
out-of-state order that adjudicates paternity, or an out-of-state declaration or
acknowledgment of paternity:
(1) only has the effect of establishing that the person is an unmarried biological
father of the child to whom the order, declaration, or acknowledgment relates; and
(2) does not entitle the person to:
(a) notice of any judicial proceeding related to the adoption of the child;
(b) the right to consent, or refuse to consent, to the adoption of the child; or
(c) the right to custody of, control over, or visitation with the child.
Enacted by Chapter 237, 2010 General Session

78B-6-123. 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.
Renumbered and Amended by Chapter 3, 2008 General Session

78B-6-124. 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;
(b) subject to Subsection (6), a person appointed by the judge described in
Subsection (1)(a) to take consents or relinquishments; or
(c) subject to Subsection (6), a person who is authorized by a child-placing
agency to take consents or relinquishments, if the consent or relinquishment grants
legal custody of the child to a child-placing agency or an extra-jurisdictional
child-placing agency.
(2) If the consent or relinquishment of a birth mother or adoptee is taken out of
state it shall be signed before:
(a) subject to Subsection (6), a person who is authorized by a child-placing
agency to take consents or relinquishments, if the consent or relinquishment grants
legal custody of the child to a child-placing agency or an extra-jurisdictional
child-placing agency;
(b) subject to Subsection (6), a person authorized or appointed to take consents
or relinquishments by a court of this state that has jurisdiction over adoption
proceedings;
(c) a court that has jurisdiction over adoption proceedings in the state where the
consent or relinquishment is taken; or
(d) a person authorized, under the laws of the state where the consent or
relinquishment is taken, to take consents or relinquishments of a birth mother or
adoptee.
(3) The consent or relinquishment of any other person or agency as required by
Section 78B-6-120 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.
(6) A signature described in Subsection (1)(b), (1)(c), (2)(a), or (2)(b), shall be:
(a) notarized; or
(b) witnessed by two individuals who are not members of the birth mother's or
the signatory's immediate family.
Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 137, 2008 General Session

78B-6-125. 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 Sections
78B-6-120 and 78B-6-121 may be executed at any time, including prior to the birth of the child.
Renumbered and Amended by Chapter 3, 2008 General Session

78B-6-126. When consent or relinquishment effective.
A consent or relinquishment is effective when it is signed and may not be
revoked.
Renumbered and Amended by Chapter 3, 2008 General Session

78B-6-127. 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.
Renumbered and Amended by Chapter 3, 2008 General Session

78B-6-128. Preplacement 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) Except as provided in Section 78B-6-131, 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 pre-existing parent has legal custody of
the child to be adopted and the prospective adoptive parent is related to that child or
the pre-existing parent as a stepparent, 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
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 no earlier than 18
months immediately preceding placement of the child in accordance with the following:
(i) if the child is in state custody, each prospective adoptive parent and any other
adult living in the prospective home shall:
(A) submit fingerprints for a Federal Bureau of Investigation national criminal
history record check through the Criminal and Technical Services Division of the
Department of Public Safety in accordance with the provisions of Section 62A-2-120; or
(B) submit to a fingerprint based Federal Bureau of Investigation national
criminal history record check through a law enforcement agency in another state,
district, or territory of the United States; or
(ii) subject to Subsection (3), if the child is not in state custody, each prospective
adoptive parent and any other adult living in the prospective home shall:
(A) submit fingerprints for a Federal Bureau of Investigation national criminal
history records check as a personal records check; or
(B) complete a criminal records check, if available, for each state and country
where the prospective adoptive parent and any adult living in the prospective adoptive home resided during the five years immediately preceding the day on which the adoption petition is to be finalized;
(b) a report containing all information regarding reports and investigations 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 the day on which the child is placed in the prospective home, pursuant to waivers executed by each prospective adoptive parent and any other adult living in the prospective home, that:
(i) if the prospective adoptive parent or the adult living in the prospective
adoptive parent's home is a resident of Utah, is prepared by the Department of Human Services from the records of the Department of Human Services; or
(ii) if the prospective adoptive parent or the adult living in the prospective
adoptive parent's home is not a resident of Utah, prepared by the Department of
Human Services, or a similar agency in another state, district, or territory of the United States, where each prospective adoptive parent and any other adult living in the prospective home resided in the five years immediately preceding the day on which the child is placed in the prospective adoptive home;
(c) in accordance with Subsection (6), an evaluation conducted by:
(i) an expert in family relations approved by the court;
(ii) a certified social worker;
(iii) a clinical social worker;
(iv) a marriage and family therapist;
(v) a psychologist;
(vi) a social service worker, if supervised by a certified or clinical social worker;
or
(vii) a professional counselor; and
(d) in accordance with Subsection (7), if the child to be adopted is a child who is
in the custody of any public child welfare agency, and is a child who has a special need as defined in Section 62A-4a-902, the preplacement evaluation shall be conducted by the Department of Human Services or a child-placing agency that has entered into a contract with the department to conduct the preplacement evaluations for children with special needs.
(3) For purposes of Subsection (2)(a)(ii):
(a) if the adoption is being handled by a human services program, as defined in
Section 62A-2-101:
(i) the criminal history check described in Subsection (2)(a)(ii)(A) shall be
submitted through the Criminal Investigations and Technical Services Division of the
Department of Public Safety, in accordance with the provisions of Section 62A-2-120; and
(ii) subject to Subsection (4), the criminal history check described in Subsection
(2)(a)(ii)(B) shall be submitted in a manner acceptable to the court that will:
(A) preserve the chain of custody of the results; and
(B) not permit tampering with the results by a prospective adoptive parent or
other interested party; and
(b) if the adoption is being handled by a private attorney, and not a human
services program, the criminal history checks described in Subsection (2)(a)(ii) shall be:
(i) submitted in accordance with procedures established by the Criminal
Investigations and Technical Services Division of the Department of Public Safety; or
(ii) subject to Subsection (4), submitted in a manner acceptable to the court that
will:
(A) preserve the chain of custody of the results; and
(B) not permit tampering with the results by a prospective adoptive parent or
other interested party.
(4) In order to comply with Subsection (3)(a)(ii) or (b)(ii), the manner in which the
criminal history check is submitted shall be approved by the court.
(5) Except as provided in Subsection 78B-6-131(2), in addition to the other
requirements of this section, before a child in state custody is placed with a prospective foster parent or a prospective adoptive parent, the Department of Human Services shall comply with Section 78B-6-131.
(6) (a) A person described in Subsection (2)(c) shall be licensed to practice
under the laws of:
(i) this state; or
(ii) the state, district, or territory of the United States where the prospective
adoptive parent or other person living in the prospective adoptive home resides.
(b) The evaluation described in Subsection (2)(c) shall be in a form approved by
the Department of Human Services.
(c) 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 under Subsection (2)(c).
(7) Any fee assessed by the evaluating agency described in Subsection (2)(d) is
the responsibility of the adopting parent or parents.
(8) 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, including information relating to:
(a) the adoption process;
(b) developmental issues that may require early intervention; and
(c) community resources that are available to the prospective adoptive parent or
parents.
(9) A copy of the preplacement adoptive evaluation shall be filed with the court.
Amended by Chapter 458, 2013 General Session.

78B-6-129. Postplacement adoptive evaluations.
(1) Except as provided in Subsections (2) and (3), 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:
(a) verification of the allegations of fact contained in the petition for adoption;
(b) an evaluation of the progress of the child's placement in the adoptive home;
and
(c) a recommendation regarding whether the adoption is in the best interest of
the child.
(2) The exemptions from and requirements for evaluations, described in
Subsections 78B-6-128(1)(c), (2)(c), (6), and (8), also apply to postplacement adoptive evaluations.
(3) 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.
Amended by Chapter 340, 2012 General Session

78B-6-130. Preplacement and postplacement adoptive studies -- Review
by court.
(1) 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.
(2) 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 Sections 78B-6-128 and 78B-6-129.
Enacted by Chapter 3, 2008 General Session.

78B-6-131. Child in custody of state -- Placement.
(1) Notwithstanding Sections 78B-6-128 through 78B-6-130, and except as
provided in Subsection (2), a child who is in the legal custody of the state may not be
placed with a prospective foster parent or a prospective adoptive parent, unless, before the child is placed with the prospective foster parent or the prospective adoptive parent:
(a) a fingerprint based FBI national criminal history records check is conducted
on the prospective foster parent, prospective adoptive parent, and any other adult
residing in the household;
(b) the Department of Human Services conducts a check of the child abuse and
neglect registry in each state where the prospective foster parent or prospective
adoptive parent resided in the five years immediately preceding the day on which the
prospective foster parent or prospective adoptive parent applied to be a foster parent or adoptive parent, to determine whether the prospective foster parent or prospective
adoptive parent is listed in the registry as having a substantiated or supported finding of child abuse or neglect;
(c) the Department of Human Services conducts a check of the child abuse and
neglect registry of each state where each adult living in the home of the prospective
foster parent or prospective adoptive parent described in Subsection (1)(b) resided in the five years immediately preceding the day on which the prospective foster parent or prospective adoptive parent applied to be a foster parent or adoptive parent, to determine whether the adult is listed in the registry as having a substantiated or supported finding of child abuse or neglect; and
(d) each person required to undergo a background check described in this
section passes the background check, pursuant to the provisions of Section 62A-2-120.
(2) The requirements under Subsection (1) do not apply to the extent that:
(a) federal law or rule permits otherwise; or
(b) the requirements would prohibit the division or a court from placing a child
with:
(i) a noncustodial parent, under Section 62A-4a-209, 78A-6-307, or
78A-6-307.5; or
(ii) a relative, under Section 62A-4a-209, 78A-6-307, or 78A-6-307.5, pending
completion of the background check described in Subsection (1).
Amended by Chapter 293, 2012 General Session

78B-6-132. Children in the custody of the Division of Child and Family
Services -- Consideration of child's relationship with foster parents who petition
for adoption.
(1) 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.
(2) Nothing in this section shall be construed as requiring an adoption that would
be contrary to the public policy of placing an adoptable child with a married couple
whenever possible.
Amended by Chapter 281, 2012 General Session

78B-6-133. Contested adoptions -- Rights of parties -- Determination of
custody.
(1) If a person whose consent for an adoption is required pursuant to
Subsection 78B-6-120(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 78A, Chapter 6, Part 5, 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) If the court dismisses the adoption petition, the fact that a person
relinquished a child for adoption or consented to the adoption may not be considered as evidence in a custody proceeding described in this section, or in any subsequent
custody proceeding, 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;
(c) the person is not interested in having custody of the child; or
(d) the person has forfeited the person's parental presumption.
(5) Any custody order entered pursuant to this section may also:
(a) include provisions for:
(i) parent-time; 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 78B-6-120(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) (a) A person may not contest an adoption after the final decree of adoption is
entered, if that person:
(i) was a party to the adoption proceeding;
(ii) was served with notice of the adoption proceeding; or
(iii) executed a consent to the adoption or relinquishment for adoption.
(b) No person may contest an adoption after one year from the day on which the
final decree of adoption is entered.
(c) The limitations on contesting an adoption action, described in this
Subsection (7), apply to all attempts to contest an adoption:
(i) regardless of whether the adoption is contested directly or collaterally; and
(ii) regardless of the basis for contesting the adoption, including claims of fraud,
duress, undue influence, lack of capacity or competency, mistake of law or fact, or lack of jurisdiction.
(d) The limitations on contesting an adoption action, described in this
Subsection (7), do not prohibit a timely appeal of:
(i) a final decree of adoption; or
(ii) a decision in an action challenging an adoption, if the action was brought
within the time limitations described in Subsections (7)(a) and (b).
Amended by Chapter 237, 2010 General Session

78B-6-134. Custody pending final decree.
(1) (a) A licensed child placing adoption agency, or a petitioner if the petition for
adoption is filed before a child's birth, may seek an order establishing that the agency or petitioner shall have temporary custody of the child from the time of birth.
(b) The court shall grant an order for temporary custody under Subsection (1)(a)
upon determining that:
(i) the birth mother or both birth parents consent to the order;
(ii) the agency or petitioner is willing and able to take custody of the child; and
(iii) an order will be in the best interest of the child.
(c) The court shall vacate an order if, prior to the child's birth, the birth mother or
birth parents withdraw their consent.
(2) 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.
(3) Once a child has been placed with, relinquished to, or ordered into the
custody of a 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.
Amended by Chapter 458, 2013 General Session

78B-6-135. 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 pre-existing parents, if living, desire to be released from the care,
support, and guardianship of the child;
(b) whether the pre-existing parents have abandoned the child or are unfit for
custody;
(c) whether the prospective 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.
Amended by Chapter 340, 2012 General Session

78B-6-136. Final decree of adoption -- Agreement by adoptive parent or
parents.
(1) Except as provided in Subsection (2), before the court enters a final decree
of adoption:
(a) the prospective adoptive parent or parents and the child being adopted shall
appear before the appropriate court; and
(b) the prospective adoptive parent or parents shall execute an agreement
stating that the child shall be adopted and treated in all respects as the adoptive
parent's or parents' own lawful child.
(2) Except as provided in Subsection 78B-6-115(4), a court may waive the
requirement described in Subsection (1)(a) if:
(a) the adoption is not contested;
(b) the prospective adoptive parent or parents:
(i) execute an agreement stating that the child shall be adopted and treated in
all respects as the parent's or parents' own lawful child;
(ii) have the agreement described in Subsection (2)(b)(i) notarized; and
(iii) file the agreement described in Subsection (2)(b)(i) with the court; and
(c) all requirements of this chapter to obtain a final decree of adoption are
otherwise complied with.
Amended by Chapter 340, 2012 General Session

78B-6-136.5. Timing of entry of final decree of adoption -- Posthumous
adoption.
(1) Except as provided in Subsection (2), a final decree of adoption may not be
entered until the earlier of:
(a) when the child has lived in the home of the prospective adoptive parent for
six months; or
(b) when the child has been placed for adoption with the prospective adoptive
parent for six months.
(2) (a) If the prospective adoptive parent is the spouse of the pre-existing parent,
a final decree of adoption may not be entered until the child has lived in the home of
that prospective adoptive parent for one year, unless, based on a finding of good
cause, the court orders that the final decree of adoption may be entered at an earlier
time.
(b) The court may, based on a finding of good cause, order that the final decree
of adoption be entered at an earlier time than described in Subsection (1).
(3) If the child dies during the time that the child is placed in the home of a
prospective 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 prospective adoptive parents.
(4) 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 prospective adoptive parents:
(a) one of the prospective adoptive parents dies;
(b) the surviving prospective adoptive parent requests that the court enter the
decree; and
(c) the decree is entered after the child has lived in the home of the surviving
prospective adoptive parent for at least six months.
(5) Upon request of a surviving pre-existing 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 prospective adoptive parent's death.
(6) The court may enter a final decree of adoption declaring that a child is
adopted by both deceased prospective adoptive parents if:
(a) both of the prospective adoptive parents die after the child is placed in the
prospective adoptive parents' home; and
(b) it is in the best interests of the child to enter the decree.
(7) Nothing in this section shall be construed to grant any rights to the
pre-existing parents of a child to assert any interest in the child during the six-month or one-year periods described in this section.
Amended by Chapter 340, 2012 General Session

78B-6-137. Decree of adoption -- Best interest of child -- Legislative
findings.
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.
Renumbered and Amended by Chapter 3, 2008 General Session

78B-6-138. Pre-existing parent's rights and duties dissolved.
(1) A pre-existing parent of an adopted child is released from all parental duties
toward and all responsibilities for the adopted child, including residual rights, and has no further rights with regard to that child at the earlier of:
(a) the time the pre-existing parent's parental rights are terminated; or
(b) except as provided in Subsection (2), and subject to Subsection (3), the time
the final decree of adoption is entered.
(2) The rights and duties of a pre-existing parent described in Subsection (1)
who, at the time the child is adopted, is lawfully married to the person adopting the child are not released or terminated under Subsection (1)(b).
(3) The rights and duties of a pre-existing parent described in Subsection (1)
who, at the time the child is adopted, is not lawfully married to the person adopting the child are terminated as provided in Subsection (1)(b).
Amended by Chapter 237, 2010 General Session

78B-6-139. Name and status of adopted child.
When a final decree of adoption is entered under Section 78B-6-137, 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.
Renumbered and Amended by Chapter 3, 2008 General Session

78B-6-140. 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
prospective 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 pre-existing parents of the child, 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
pre-existing parents, 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 or the pre-existing parents; and
(ii) prospective adoptive parent or parents;
(f) a description of services provided to the prospective adoptive parents or
pre-existing 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 prospective adoptive parent is the legal
spouse of a pre-existing parent.
Amended by Chapter 340, 2012 General Session

78B-6-141. Petition, report, and documents sealed -- Exceptions.
(1) A petition for adoption, the written report described in Section 78B-6-135,
and any other documents filed in connection with the petition are sealed.
(2) The documents described in Subsection (1) may only be open to inspection
as follows:
(a) in accordance with Subsection (3)(a), by a party to the adoption proceeding:
(i) while the proceeding is pending; or
(ii) within six months after the day on which the adoption decree is entered;
(b) subject to Subsection (3)(b), a court enters an order permitting access to the
documents by a person who has appealed the denial of that person's motion to
intervene;
(c) upon order of the court expressly permitting inspection or copying, after good
cause has been shown;
(d) as provided under Section 78B-6-144;
(e) those records shall become public on the one hundredth anniversary of the
date the final decree of adoption was entered; or
(f) if the adoptee is an adult at the time the final decree of adoption is entered,
the documents described in this section are open to inspection and copying without a
court order by the adoptee or a parent who adopted the adoptee, unless the final
decree of adoption is entered by the juvenile court under Subsection 78B-6-115(3)(b).
(3) (a) A person who files a motion to intervene in an adoption proceeding:
(i) is not a party to the adoption proceeding, unless the motion to intervene is
granted; and
(ii) may not be granted access to the documents described in Subsection (1),
unless the motion to intervene is granted.
(b) An order described in Subsection (2)(b) shall:
(i) prohibit the person described in Subsection (2)(b) from inspecting a
document described in Subsection (1) that contains identifying information of the
adoptive or prospective adoptive parent; and
(ii) permit the person described in Subsection (3)(b)(i) to review a copy of a
document described in Subsection (3)(b)(i) after the identifying information described in Subsection (3)(b)(i) is redacted from the document.
Amended by Chapter 340, 2012 General Session

78B-6-142. 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 78B-6-137; 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).
Renumbered and Amended by Chapter 3, 2008 General Session

78B-6-143. Nonidentifying health history of adoptee filed with office --
Limited availability.
(1) Upon finalization of an adoption in this state, the person who proceeded on
behalf of the petitioner for adoption, or a child-placing agency if an agency is involved in the adoption, shall file a report with the office, in the form established by the office. 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 office 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.
Amended by Chapter 340, 2012 General Session

78B-6-144. Mutual-consent, voluntary adoption registry -- Procedures --
Fees.
(1) The office 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 office, in the form established by the office. A court of competent jurisdiction or a child-placing agency may accept that request from the adult adoptee or birth parent, in the form provided by the office, and transfer that request to the office. The adult adoptee or birth parent is responsible for notifying the office of any change in information contained in the request.
(b) The office may only release identifying information to an adult adoptee or
birth parent when it receives requests from both the adoptee and the adoptee's birth
parent.
(c) After matching the request of an adult adoptee with that of at least one of the
adoptee's birth parents, the office 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 18 years, and who was raised in the same family setting as the adult
adoptee, the office shall not disclose the requested identifying information to that adult adoptee or the adoptee's birth parent.
(2) (a) Adult adoptees and adult siblings of adult adoptees, upon presentation of
positive identification, may request identifying information from the office, in the form established by the office. A court of competent jurisdiction or a child-placing agency may accept that request from the adult adoptee or adult sibling, in the form provided by the office, and transfer that request to the office. The adult adoptee or adult sibling is responsible for notifying the office of any change in information contained in the request.
(b) The office may only release identifying information to an adult adoptee or
adult sibling when it receives requests from both the adoptee and the adoptee's adult
sibling.
(c) After matching the request of an adult adoptee with that of the adoptee's
adult sibling, if the office has been provided with sufficient information to make that
match, the office 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 the adoptee's 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.
Amended by Chapter 340, 2012 General Session

78B-6-145. Restrictions on disclosure of information -- Violations --
Penalty.
(1) Information maintained or filed with the office 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 office's voluntary
adoption registry in violation of this part, or knowingly allows that information to be
disclosed in violation of this chapter is guilty of a class A misdemeanor.
Amended by Chapter 340, 2012 General Session

78B-6-146. Postadoption contact agreements.
(1) As used in this section:
(a) "Postadoption contact agreement" means a document, agreed upon prior to
the finalization of an adoption of a child in the custody of the division, that outlines the relationship between an adoptive parent, birth parent, or other birth relative, and an adopted child after the finalization of adoption.
(b) "Other birth relative" means a grandparent, stepparent, sibling, stepsibling,
aunt, or uncle of the prospective adoptive child.
(2) (a) Notwithstanding any other provision in this chapter, if a child in the
custody of the division is placed for adoption, the prospective adoptive parent and birth parent, or other birth relative, may enter into a postadoption contact agreement as provided in this section.
(b) A birth parent is not required to be a party to a postadoption contact
agreement in order to permit an open adoption agreement between a prospective
adoptive parent and another birth relative of the child.
(3) In order to be legally enforceable, a postadoption contact agreement shall
be:
(a) approved by the court before the finalization of the adoption, with the court
making a specific finding that the agreement is in the best interest of the child;
(b) signed by each party claiming a right or obligation in the agreement; and
(c) if the adopted child is 12 years old or older, approved by the child.
(4) A postadoption contact agreement shall:
(a) describe:
(i) visits, if any, that shall take place between the birth parent, other birth
relative, adoptive parent, and adopted child;
(ii) the degree of supervision, if any, that shall be required during a visit between
a birth parent, other birth relative, and adopted child;
(iii) the information, if any, that shall be provided to a birth parent, or other birth
relative, about the adopted child and how often that information shall be provided;
(iv) the grounds, if any, on which the adoptive parent may:
(A) decline to permit visits, described in Subsection (4)(a)(i), between the birth
parent, or other birth relative, and adopted child; or
(B) cease providing the information described in Subsection (4)(a)(iii) to the birth
parent or other birth relative; and
(b) state that following the adoption, the court shall presume that the adoptive
parent's judgment about the best interest of the child is correct in any action seeking to enforce, modify, or terminate the agreement.
(5) A postadoption contact agreement may not limit the adoptive parent's ability
to move out of state.
(6) A postadoption contact agreement may only be modified with the consent of
the adoptive parent.
(7) In an action seeking enforcement of a postadoption contact agreement:
(a) an adoptive parent's judgment about the best interest of the child is entitled
to a presumption of correctness;
(b) if the party seeking to enforce the postadoption contact agreement
successfully rebuts the presumption described in Subsection (7)(a), the court shall
consider whether:
(i) the parties performed the duties outlined in the open adoption agreement in
good faith;
(ii) there is a reasonable alternative that fulfills the spirit of the open adoption
agreement without ordering mandatory compliance with the open adoption agreement; and
(iii) enforcement of the open adoption agreement is in the best interest of the
adopted child; and
(c) the court shall order the parties to attend mediation, if the presumption in
Subsection (7)(a) is successfully rebutted and mediation is in the child's best interest.
(8) An open adoption agreement that has been found not to be in the best
interest of the adopted child shall not be enforced.
(9) Violation of an open adoption agreement is not grounds:
(a) to set aside an adoption; or
(b) for an award of money damages.
(10) Nothing in this section shall be construed to mean that an open adoption
agreement is required before an adoption may be finalized.
(11) Refusal or failure to agree to a postadoption contact agreement is not
admissible in any adoption proceeding.
(12) The court that approves a postadoption contact agreement retains
jurisdiction over modification, termination, and enforcement of an approved
postadoption contact agreement.
Enacted by Chapter 438, 2013 General Session