Effective 5/14/2019 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 […]
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
Effective 9/1/2021 78B-6-105. District court venue — Jurisdiction of juvenile court — Jurisdiction over nonresidents — Time for filing. (1) An adoption proceeding shall be commenced by filing a petition in: (a) the district court in the district where the prospective adoptive parent resides; (b) if the prospective adoptive parent is not a resident of […]
Effective 5/9/2017 78B-6-106. Responsibility 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 […]
Effective 9/1/2022 78B-6-107. Compliance with the Interstate Compact on Placement of Children — Compliance with the Indian Child Welfare Act. (1) (a) Subject to Subsection (1)(b), 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 […]
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 […]
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 […]
Effective 5/14/2019 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 […]
Effective 5/9/2017 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 […]
Effective 5/14/2019 78B-6-110.5. Out-of-state birth mothers and adoptive parents — Declaration regarding potential birth fathers. The procedural and substantive requirements of this section shall be required only to the extent that they do not exceed the requirements of the state of conception or the birth mother’s state of residence. (1) (a) For a child who […]
Effective 5/12/2015 78B-6-111. Criminal sexual offenses. An unmarried biological father is not entitled to notice of an adoption proceeding, nor is the consent of an unmarried 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 […]
Effective 9/1/2021 78B-6-112. District court jurisdiction over termination of parental rights proceedings. (1) A district court has jurisdiction to terminate parental rights in a child if the party that 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 […]
Effective 5/9/2017 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 […]
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 […]
Effective 5/5/2021 78B-6-115. 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: […]
Effective 5/12/2015 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 mature 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 […]
Effective 5/4/2022 78B-6-117. Who may adopt — Adoption of minor. (1) A minor child may be adopted by an adult individual, in accordance with 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 […]
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; […]
Effective 5/9/2017 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 […]
