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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 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; or
     (ii) birth parents.
     (4) "Adult" means a person who is 18 years of age or older.
     (5) "Adult adoptee" means an adoptee who is 18 years of age or older.
     (6) "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.
     (7) "Birth parent" means:
     (a) a biological mother;
     (b) a person whose paternity of a child is established; or
     (c) an alleged father who:
     (i) has been identified as the father of a child by the child's birth mother; and
     (ii) has not denied paternity.
     (8) "Bureau" means the Bureau of Vital Statistics within the Department of Health operating under Title 26, Chapter 2, Utah Vital Statistics Act.
     (9) "Child-placing agency" means an agency licensed to place children for adoption under Title 62A, Chapter 4a, Part 6, Child Placing.
     (10) "Cohabiting" means residing with another person and being involved in a sexual relationship with that person.
     (11) "Division" means the Division of Child and Family Services, within the Department of Human Services, created in Section 62A-4a-103.
     (12) "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.
     (13) "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.
     (14) "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.
     (15) "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.
     (16) "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.
     (17) "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.
     (18) "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.
     (19) "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 (19)(a) at the time of the child's:
     (i) conception; or
     (ii) birth.

Amended by Chapter 237, 2010 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-6-107.   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

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) consent; or
     (iv) judicial action;
     (b) any person who has initiated a paternity proceeding and filed notice of that action with the state registrar of vital statistics within the Department of Health, in accordance with Subsection (3);
     (c) any legally appointed custodian or guardian of the adoptee;
     (d) the petitioner's spouse, if any, only if the petitioner's spouse has not joined in the petition;
     (e) the adoptee's spouse, if any;
     (f) any person who, prior to the time the mother executes her consent for adoption or relinquishes the child for adoption, is recorded on the birth certificate as the child's father, with the knowledge and consent of the mother;
     (g) 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.
     (3) (a) In order to preserve any right to notice, an unmarried, biological father may, consistent with Subsection (3)(d):
     (i) initiate proceedings in a district court of the state 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 state registrar of vital statistics within the Department of Health.
     (b) If the unmarried, biological father does not know the county in which the birth mother resides, he may initiate his action in any county, subject to a change in trial pursuant to Section 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) 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;
     (b) shall be served at least 30 days prior to the final dispositional hearing;
     (c) shall specifically state that the person served must respond to the petition within 30 days of service if he intends to intervene in or contest the adoption;
     (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.

Amended by Chapter 237, 2010 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.

Amended by Chapter 237, 2010 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-6-117.   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.

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, 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 159, 2009 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 Subsection (5), with regard to a child who is placed with adoptive parents more than six months after birth, consent of an unmarried biological father is not required unless the unmarried biological father:
     (a) (i) developed a substantial relationship with the child by:
     (A) visiting the child monthly, unless the unmarried biological father was physically or financially unable to visit the child on a monthly basis; or
     (B) engaging in regular communication with the child or with the person or authorized agency that has lawful custody of the child;
     (ii) took some measure of responsibility for the child and the child's future; and
     (iii) demonstrated a full commitment to the responsibilities of parenthood by financial support of the child of a fair and reasonable sum in accordance with the father's ability; or
     (b) (i) openly lived with the child:
     (A) (I) for a period of at least six months during the one-year period immediately preceding the day on which the child is placed with adoptive parents; or
     (II) if the child is less than one year old, for a period of at least six months during the period of time beginning on the day on which the child is born and ending on the day on which the child is placed with adoptive parents; and
     (B) immediately preceding placement of the child with adoptive parents; and
     (ii) openly held himself out to be the father of the child during the six-month period described in Subsection (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 Subsection 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 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 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 it is entered into the registry described in Subsection (3)(c).
     (5) 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; or
     (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 (5)(b)(i) is mailed by the Office of Vital Records within the Department of Health as provided in Section 78B-15-306.
     (6) 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 159, 2009 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 or temporary basis, 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 237, 2010 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

  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 birth parent has legal custody of the child to be adopted and the prospective adoptive parent is related to that child as a step-parent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin, unless the evaluation is otherwise requested by the court. The prospective adoptive parent described in this Subsection (1)(c) shall 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 potential 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; or
     (vi) 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 adoptive parent or parents.
     (9) A copy of the preplacement adoptive evaluation shall be filed with the court.

Amended by Chapter 237, 2010 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. Except where the child to be adopted and the prospective parent are related as set forth in Subsection 78B-6-128(1)(c), the court may waive the postplacement adoptive evaluation for a child who has a special need as defined in Section 62A-4a-902.

Amended by Chapter 237, 2010 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-6-133.   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) Except as otherwise provided by the court, once a petitioner has received the adoptee into his home and a petition for adoption has been filed, the petitioner is entitled to the custody and control of the adoptee and is responsible for the care, maintenance, and support of the adoptee, including any necessary medical or surgical treatment, pending further order of the court.
     (2) Once a child has been placed with, relinquished to, or ordered into the custody of a 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.

Renumbered and Amended by Chapter 3, 2008 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 adoptive parent or parents and the child being adopted shall appear before the appropriate court; and
     (b) the 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 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.

Renumbered and Amended by Chapter 3, 2008 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 child has lived in the home of the adoptive parent or parents for six months, unless, based on a finding of good cause, the court orders that the final decree of adoption may be entered at an earlier time.
     (2) If the adoptive parent is the spouse of the birth parent, a final decree of adoption may not be entered until the child has lived in the home of that adoptive parent for one year, unless, based on a finding of good cause, the court orders that the final decree of adoption may be entered at an earlier time.
     (3) If the child dies during the time that the child is placed in the home of an adoptive parent or parents for the purpose of adoption, the court has authority to enter a final decree of adoption after the child's death upon the request of the adoptive parents.
     (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 adoptive parents:
     (a) one of the adoptive parents dies;
     (b) the surviving 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 adoptive parent for at least six months.
     (5) Upon request of a surviving birth parent, or a surviving parent for whom adoption of a child has been finalized, the court may enter a final decree of adoption declaring that a child is adopted by a deceased adoptive parent who was the spouse of the surviving parent at the time of the adoptive parent's death.
     (6) The court may enter a final decree of adoption declaring that a child is adopted by both deceased adoptive parents if:
     (a) both of the adoptive parents die after the child is placed in the adoptive parent's 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.

Enacted by Chapter 237, 2010 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-6-144.   Mutual-consent, voluntary adoption registry -- Procedures -- Fees.
     (1) The bureau shall establish a mutual-consent, voluntary adoption registry.
     (a) Adult adoptees and birth parents of adult adoptees, upon presentation of positive identification, may request identifying information from the bureau, in the form established by the bureau. A court of competent jurisdiction or a child-placing agency may accept that request from the adult adoptee or birth parent, in the form provided by the bureau, and transfer that request to the bureau. The adult adoptee or birth parent is responsible for notifying the bureau of any change in information contained in the request.
     (b) The bureau may only release identifying information to an adult adoptee or birth parent when it receives requests from both the adoptee and his birth parent.
     (c) After matching the request of an adult adoptee with that of at least one of his birth parents, the bureau shall notify both the adoptee and the birth parent that the requests have been matched, and disclose the identifying information to those parties. However, if that adult adoptee has a sibling of the same birth parent who is under the age of 18 years, and who was raised in the same family setting as the adult adoptee, the bureau shall not disclose the requested identifying information to that adult adoptee or his birth parent.
     (2) (a) Adult adoptees and adult siblings of adult adoptees, upon presentation of positive identification, may request identifying information from the bureau, in the form established by the bureau. A court of competent jurisdiction or a child-placing agency may accept that request from the adult adoptee or adult sibling, in the form provided by the bureau, and transfer that request to the bureau. The adult adoptee or adult sibling is responsible for notifying the bureau of any change in information contained in the request.
     (b) The bureau may only release identifying information to an adult adoptee or adult sibling when it receives requests from both the adoptee and his adult sibling.
     (c) After matching the request of an adult adoptee with that of his adult sibling, if the bureau has been provided with sufficient information to make that match, the bureau shall notify both the adoptee and the adult sibling that the requests have been matched, and disclose the identifying information to those parties.
     (3) Information registered with the bureau under this section is available only to a registered adult adoptee and his registered birth parent or registered adult sibling, under the terms of this section.
     (4) Information regarding a birth parent who has not registered a request with the bureau may not be disclosed.
     (5) The bureau may charge a fee for services provided under this section, limited to the cost of providing those services.

Amended by Chapter 159, 2009 General Session

 


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