Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Utah may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Utah child adoption law including such topics as advertising, adoption facilitators, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment
or Surrender).
Use of Advertising and Facilitators in Adoptive Placements
Use of Advertisement
Citation: Ann. Code § 62A-4a-602(2)(b)
An attorney, physician, or other person may not:
Issue or cause to be issued to any person a card, sign, or device indicating that he is available to provide child-placing assistance
Cause, permit, or allow any sign or marking indicating that he is available to provide child-placing assistance, on or in any building or structure
Announce or cause, permit, or allow an announcement indicating that he is available to provide child-placing assistance to appear in any newspaper, magazine, directory, or on radio or television
Advertise by any other means that he is available to provide child-placing assistance
Use of Intermediaries/Facilitators
Citation: Ann. code § 62A-4a-602(1), (2)(a), (3)
No person, agency, corporation, association, or group children's home may engage in child placing, or solicit money or other assistance for child placing, without a valid license. When a child-placing
agency's license is suspended or revoked, the care, control, or custody of any child who has been in the care, control, or custody of that agency shall be transferred to the division.
An attorney, physician, or other person may assist a parent in identifying or locating a person interested in adopting the parent's child, or in identifying or locating a child to be adopted. However,
no payment, charge, fee, reimbursement of expense, or exchange of value of any kind may be made for that assistance.
Nothing in this part precludes payment of fees for medical, legal, or other lawful services rendered in connection with the care of a mother, delivery and care of a child, or lawful adoption proceedings;
and no provision of this part abrogates the right of procedures for independent adoption as provided by law.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 76-7-203
Actual and reasonable legal expenses
Maternity expenses
Related medical and hospital costs
Necessary living expenses
Birth Parent Expenses Not Allowed
Citation: § 78-30-14.5
Payments for adoption-related expenses may only be made in accordance with § 76-7-203.
Allowable Payments for Relinquishing Child
Citation: § 76-7-203
It is unlawful to sell a child or to make payment to induce a mother to place a child or to consent to the adoption of her child.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Code §§ 78-30-4.14; 78-30-4.21
Consent to adoption of a child, or relinquishment of a child for adoption, is required from:
Both parents or the surviving parent of a child who was conceived or born within a marriage
The mother of a child born outside of marriage
Any 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
Any biological parent who has executed and filed a voluntary declaration of paternity with the State registrar of vital statistics within the Department of Health, prior to the mother's execution of consent
to adoption or her relinquishment of the child for adoption
An unmarried biological father of a child, only if he strictly complies with requirements to develop a substantial relationship with child, openly acknowledge himself to be the father, initiate paternity
proceedings, and agrees to support the child
The person or agency to whom the child has been relinquished and that is placing the child for adoption
A minor parent has the power to consent to the adoption of his or her child and relinquish his or her control or custody of the child for adoption. The consent or relinquishment is valid and has the same
force and effect as a consent or relinquishment executed by an adult parent.
A minor parent, having executed a consent or relinquishment, cannot revoke that consent upon reaching the age of majority or otherwise becoming emancipated.
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Code §§ 78-30-4.14; 78-30-6
A child who is age 12 or older must consent to the adoption, unless he or she does not have the capacity to consent.
When Parental Consent is not Needed
Citation: Ann. Code §§ 78-30-4.14; 78-30-4.17; 78-30-4.23
The consent of a parent is not required if the adopted person is age 18 or older. The consent of a parent is not required if the person's parental rights relating to the adopted person have been terminated.
The consent of an unmarried biological father is not required if:
The court determines that the unmarried biological father's rights should be terminated, based on the petition of any interested party.
A declaration of paternity declaring the unmarried biological father to be the father of the child is rescinded.
The unmarried biological father fails to comply to requirements to initiate proceedings to establish his paternity of the child.
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, regardless of whether the biological father is formally charged with or convicted
of a criminal offense.
When Consent Can Be Executed
Citation: Ann. Code § 78-30-4.19
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.
The consent or relinquishment of any other person as required by § 78-30-4.14 may be executed at any time, including prior to the birth of the child.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: § 78-30-4.13(3)(a); (5)
The putative father is entitled to actual notice of a birth or adoption proceeding.
The putative father may initiate proceedings to establish paternity prior to the child's birth, the mother's execution of consent, or her relinquishment of the child to an agency.
The putative father may file notice that he has initiated paternity proceedings with the State Registrar of Vital Statistics, Department of Health.
The putative father must respond to notice of an adoption petition within 30 days, or waive any future right of notice.
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