UTAH

Utah Code Annotated 78-30-1to 78-30-9and 78-30-16.3(1995)

Who Can Adopt?

 Any adult person can adopt. If the adoptive parent is married the spouse mustconsent to the adoption unless they are lawfully separated. The adoptiveparent must be 10 years older than the adoptee.

Who Can Be Adopted?

 Any person can be adopted.

Consent to Adoption

 The following people must consent to the adoption:

 (1) the parents if the adoptee was born in wedlock, unless the adoptee is 18years of age or older;

 (2) the mother of the adoptee born out of wedlock;

 (3) the biological father who has executed a voluntary declaration ofpaternity before the mother's execution of consent or her relinquishmentto an agency for adoption;

 (4) the biological father if he has been adjudicated by the court to be thebiological father prior to the mother's execution of consent or herrelinquishment to an agency for adoption;

 (5) the child-placing agency to whom an adoptee has been relinquished; and

 (6) the adoptee who is over 12 years of age, unless the adoptee does not havethe mental capacity to consent.

 Consent to adoption is not required of the following people:

 (1) a parent whose parental rights have been terminated;

 (2) a biological father of a child born out of wedlock who has not establisheda right to consent (see unmarried father's rights, below); and

 (3) a parent who has given up the child to a child-placing agency.

 A birth mother may not consent to the adoption until at least 24 hours afterthe birth of the child. Consent to adoption may not be revoked.

Unmarried Father's Rights

 In 1995, the state enacted a comprehensive scheme regarding unmarriedfather's rights with respect to an adoption. The legislative intent is toencourage finality in adoption and place a burden on unmarried fathers toaffirmatively take steps to demonstrate parenthood. Furthermore, except inlimited circumstances, an unmarried father is presumed to know of thechild's birth if he had sex with the mother. An unmarried father'sconsent, as noted above, is only required when:

 (1) for a child placed with adoptive parents more than six months after birth,the unmarried father has developed a substantial relationship with the child,taken some measure of responsibility for the child and his future, anddemonstrated a full commitment of the responsibilities of parenthood.

 (2) for a child placed when under six months of age, the unmarried fathermanifested parenthood, prior to the mother's relinquishment or consent toadoption, including: initiating a paternity proceeding, filing notice of saidproceeding with the registrar of vital statistics in a confidential registryestablished for this purpose, and if he had actual knowledge of pregnancy, paidfor a fair and reasonable amount of expenses.

Confidentiality

 All adoption records shall be sealed and can not be opened for inspection,except upon a court order. After the adoption is final a report shall becompiled and given to the adoptive parents that includes a detailed health,genetic, and social history of the adoptee. This report should includeinformation about the adoptee's biological family, but not any identifyinginformation.

 A mutual consent voluntary adoption registry shall be established. Theregistry can only release identifying information when it has receivedpermission to release such information from both the adult adoptee (21 years ofage or older) and the biological parent, and any adult sibling of adult adopteerequesting such information.

 Permissible Fees

 Prior to the final adoption hearing a statement of all fees and expenses shallbe filed with the court.

This does not apply if the adoptive parent is the legal spouse of the birthparent.

Place of Adoption Hearing

 The adoption hearing may take place in the county where the adoptive parentslive.

Authority To Place Child

 Any agency licensed to place children. Where a licensed agency has not placedthe child, additional elements are required in the pre-and post-adoptionstudies.

Relative Adoption

 In the case of stepparent adoptions, the child must have first lived with thestepparent for 1 year instead of the required 6 months for other adoptions. Noitemization of fees paid need be submitted by stepparents wishing to adopt. Inaddition, the preplacement adoptive study may be waived in stepparent andrelative adoptions.

Attorney Referral Service

Utah State Bar
645 South 200 East, Suite 310
Salt Lake City, UT 84111
(801) 531-9077

Welcome - Birthparents - Adoptees - Parents - Agencies - International

Books/Magazines - Federal - Legal - Other - About - AdoptioNews - AOL Help

© Copyright 1998 AdoptioNetwork     Updated: July 19, 1998  Disclaimer