Section 115 – Who may adopt — Adoption of adult.

• (1) As used in this section, “vulnerable adult” means:
  • (a) an individual who is 65 years old or older; or
  • (b) an adult who is 18 years old or older, and who has a mental or physical impairment that substantially affects that adult’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 individual 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 mature adoptee; and
  • (c) if the mature adoptee is a vulnerable adult, Sections 78B-6-128 through 78B-6-131, regardless of whether the mature adoptee resides, or will reside, with the adopters, 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 a mature adoptee, the mature adoptee and the prospective adoptive parent or parents shall appear before the court presiding over the adoption proceeding 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 65, 2021 General Session