Effective 5/5/2021 78B-6-120.1. Implied consent. (1) As used in this section: (a) “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) “Emotional support” means […]
Effective 9/1/2021 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 […]
Effective 5/10/2016 78B-6-121.5. Compact for Interstate Sharing of Putative Father Registry Information — Severability clause. COMPACT FOR INTERSTATE SHARING OF PUTATIVE FATHER REGISTRY INFORMATION ARTICLE I PURPOSE This compact enables the sharing of putative father registry information collected by a state that is a party to the compact with all other states that are parties […]
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 […]
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 […]
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 […]
Effective 9/1/2022 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 […]
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-6-126. 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
Effective 9/1/2022 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 […]
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 […]
Effective 5/9/2017 78B-6-130. Preplacement and postplacement adoptive evaluations — Review by court. (1) (a) If the person conducting the preplacement adoptive evaluation or postplacement adoptive evaluation disapproves the adoptive placement, the court may dismiss the petition for adoption. (b) Upon request by a prospective adoptive parent, the court shall order that an additional preplacement adoptive […]
Effective 9/1/2022 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 […]
Effective 9/1/2021 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 […]
Effective 5/9/2017 78B-6-134. Custody pending final decree. (1) (a) A licensed child-placing 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 […]
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 […]
Effective 5/5/2021 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 […]
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 […]
Effective 9/1/2021 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 rights and duties toward and all responsibilities for the adopted child, including residual parental rights and duties, as defined in Section 80-1-102, and has no further parental rights or duties with regard to […]
