reglab/housing_qa huggingface dataset:
UT Code § 78B-6-107 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 107 - Compliance with the Interstate Compact on Placement of Children -- Compliance with the Indian Child Welfare Act.

 Effective 5/14/2019  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 of adoption shall state that the requirements of Title 62A, Chapter 4a, Part 7, Interstate Compact on Placement of Children, have been complied with.     (b) Subsection (1)(a) does not apply if the prospective adoptive parent is not required to complete a preplacement adoptive evaluation under Section 78B-6-128.       (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.    Amended by Chapter 491, 2019 General Session
UT Code § 78B-6-108 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 108 - Alien child -- Evidence of lawful admission to United States required.

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
UT Code § 78B-6-109 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 109 - Determination of rights prior to adoption petition.

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
UT Code § 78B-6-111 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 111 - Criminal sexual offenses.

 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 result of conduct that constitutes a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, or under the laws of the state where the child was conceived, regardless of whether the unmarried biological father is formally charged with or convicted of a criminal offense. Amended by Chapter 194, 2015 General Session
UT Code § 78B-6-113 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 113 - Prospective adoptive parent not a resident -- Preplacement requirements.

 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 comply with the provisions of Sections 78B-6-128 and 78B-6-130.     (2) 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.    Amended by Chapter 280, 2017 General Session
UT Code § 78B-6-114 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 114 - Adoption by married persons -- Consent.

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
UT Code § 78B-6-115 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 115 - Who may adopt -- Adoption of adult.

 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:   (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
UT Code § 78B-6-118 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 118 - Relative ages.

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
UT Code § 78B-6-119 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 119 - Counseling for parents.

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
UT Code § 78B-6-120 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 120 - Necessary consent to adoption or relinquishment for adoption.

 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 capacity to consent;     (b) a man or woman who:   (i) by operation of law under Section 78B-15-204, is recognized as the father or mother of the proposed adoptee, unless:   (A) the presumption is rebutted under Section 78B-15-607; or     (B) the man or woman 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, whose consent is not required under Subsection (1)(d) or (1)(e), 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 156, 2017 General Session
UT Code § 78B-6-120.1 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 120.1 - Implied consent.

 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 a pattern of statements or actions that indicate to a reasonable person that a father intends to provide for the physical and emotional well-being of an unborn child.       (2)   (a) A court may not determine that a father abandoned the birth mother if the father failed to provide financial or emotional support because the birth mother refused to accept support.     (b) A court may not find that a father failed to provide emotional support if the father's failure was due to impossibility of performance.       (3) Consent or relinquishment, as required by Subsection 78B-6-120(1), may be implied by any of the following acts:   (a) abandonment;     (b) leaving the adoptee with a third party, without providing the third party with the parent's identification, for 30 consecutive days;     (c) knowingly leaving the adoptee with another person, without providing for support, communicating, or otherwise maintaining a substantial relationship with the adoptee, for six consecutive months; or     (d) receiving notification of a pending adoption proceeding under Subsection 78B-6-110(6) or of a termination proceeding under Section 78B-6-112 and failing to respond as required.       (4) Implied consent under Subsection (3) may not be withdrawn.     (5) Nothing in this section negates the requirements of Section 78B-6-121 or 78B-6-122 for an unmarried biological father.    Amended by Chapter 65, 2021 General Session
UT Code § 78B-6-122.5 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 122.5 - Effect of out-of-state paternity adjudication, declaration, or acknowledgment.

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
UT Code § 78B-6-123 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 123 - Power of a minor to consent or relinquish.

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
UT Code § 78B-6-124 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 124 - Persons who may take consents and relinquishments.

 Effective 5/14/2019  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 adoptee's immediate family.       (7) Except as provided in Subsection 62A-4a-602(2), a transfer of relinquishment from one child-placing agency to another child-placing agency shall be signed before a Notary Public.    Amended by Chapter 354, 2019 General Session
UT Code § 78B-6-125 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 125 - Time period prior to birth mother's consent.

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
UT Code § 78B-6-126 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 126 - When consent or relinquishment effective.

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
UT Code § 78B-6-127 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 127 - Parents whose rights have been terminated.

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
UT Code § 78B-6-129 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 129 - Postplacement adoptive evaluations.

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.    Amended by Chapter 340, 2012 General Session