reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 9 - Public Safety Peer Counseling and Behavioral Emergency Services Technicians › Section 904 - Exclusions for certain communications.

Effective 7/1/2024
78B-5-904.
Exclusions for certain communications.
In accordance with the Utah Rules of Evidence, a behavioral emergency services technician may refuse to disclose communications made by an individual during the delivery of behavioral emergency services as defined in Section 53-2d-101.
Amended by Chapter 310, 2023 General Session
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 1 - Utah Adoption Act › Section 104 - Limitations.

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
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 1 - Utah Adoption Act › Section 105 - District court venue -- Jurisdiction of juvenile court -- Jurisdiction over nonresidents -- Time for filing.

Effective 10/1/2023
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 this state, the district court in the district where:
(i) the adoptee was born;
(ii) the adoptee resides on the day on which the petition is filed; or
(iii) a parent of the proposed adoptee resides on the day on which the petition is filed; or
(c) the juvenile court as provided in Subsection 78A-6-103(2)(a)(xiv) and Section 78A-6-350.
(2) All orders, decrees, agreements, and notices in an adoption proceeding shall be filed with the clerk of the court where the adoption proceeding is commenced under Subsection (1).
(3) A petition for adoption:
(a) may be filed before the birth of a child;
(b) may be filed before or after the adoptee is placed in the home of the petitioner for the purpose of adoption; and
(c) shall be filed no later than 30 days after the day on which the adoptee is placed in the home of the petitioners for the purpose of adoption, unless:
(i) the time for filing has been extended by the court; or
(ii) the adoption is arranged by a child-placing agency in which case the agency may extend the filing time.
(4)
(a) If a person whose consent for the adoption is required under Section 78B-6-120 or 78B-6-121 cannot be found within the state, the fact of the minor's presence within the state shall confer jurisdiction on the court in proceedings under this chapter as to such absent person, provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.
(b) The notice may not include the name of:
(i) a prospective adoptive parent; or
(ii) an unmarried mother without her consent.
(5) Service of notice described in Subsection (6) shall vest the court with jurisdiction over the person served in the same manner and to the same extent as if the person served was served personally within the state.
(6) In the case of service outside the state, service completed not less than five days before the time set in the notice for appearance of the person served is sufficient to confer jurisdiction.
(7) Computation of periods of time not otherwise set forth in this section shall be made in accordance with the Utah Rules of Civil Procedure.
Amended by Chapter 115, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 1 - Utah Adoption Act › Section 106 - Responsibility for own actions -- Fraud or misrepresentation.

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 or third parties.
(2) Any person injured by fraudulent representations or actions in connection with an adoption is entitled to pursue civil or criminal penalties in accordance with existing law. A fraudulent representation is not a defense to strict compliance with the requirements of this chapter and is not a basis for dismissal of a petition for adoption, vacation of an adoption decree, or an automatic grant of custody to the offended party. Custody determinations shall be based on the best interests of the child, in accordance with the provisions of Section 78B-6-133.
(3) A child-placing agency and the employees of a child-placing agency may not:
(a) employ any device, scheme, or artifice to defraud;
(b) engage in any act, practice, or course of business that operates or would operate as a fraud or deceit upon any person;
(c) materially and intentionally misrepresent facts or information; or
(d) request or require a prospective adoptive parent to grant, as a condition of or in connection with entering into an agreement with a child-placing agency, a release of either the prospective adoptive parent's claims or the adoptive child's claims against the child-placing agency regarding any of the following:
(i) criminal misconduct;
(ii) ethical violations, as established by the Office of Licensing's administrative rules;
(iii) bad faith;
(iv) intentional torts;
(v) fraud;
(vi) gross negligence associated with care of the child, as described in Subsection 78B-6-134(3);
(vii) future misconduct that may arise before the adoption is finalized;
(viii) breach of contract; or
(ix) gross negligence.
(4) Subsection (3) does not prohibit a release of claims against a child-placing agency or a child-placing agency's employees for liability arising from the acts or the failure to act of a third party.
Amended by Chapter 148, 2017 General Session
2023 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 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 of adoption shall state that the requirements of Title 80, Chapter 2, Part 9, 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 335, 2022 General Session
2023 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
2023 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
2023 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
2023 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 5/3/2023
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 Health and Human Services shall comply with Section 78B-6-131.
Amended by Chapter 330, 2023 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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 5/3/2023
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 26B-2-127(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 330, 2023 General Session
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 1 - Utah Adoption Act › Section 130 - Preplacement and postplacement adoptive evaluations -- Review by court.

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 evaluation or postplacement adoptive evaluation be conducted, and shall hold a hearing on the suitability of the adoption, including testimony of interested parties.
(2) Before finalization of a petition for adoption the court shall review and consider the information and recommendations contained in the preplacement adoptive evaluation and postplacement adoptive evaluation described in Sections 78B-6-128 and 78B-6-129.
(3) With respect to the home study required as part of the preplacement adoptive evaluation described in Subsection 78B-6-128(2)(c), a court may review and consider information other than the information contained in the home study described in Subsection 78B-6-128(6)(c).
Amended by Chapter 280, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 1 - Utah Adoption Act › Section 131 - Child in custody of state -- Placement.

Effective 5/3/2023
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 the prospective foster parent or the prospective adoptive parent:
(a) a fingerprint based FBI national criminal history records check is conducted on the prospective foster parent, prospective adoptive parent, and any other adult residing in the household;
(b) the Department of Health and Human Services conducts a check of the child abuse and neglect registry in each state where the prospective foster parent or prospective adoptive parent resided in the five years immediately preceding the day on which the prospective foster parent or prospective adoptive parent applied to be a foster parent or adoptive parent, to determine whether the prospective foster parent or prospective adoptive parent is listed in the registry as having a substantiated or supported finding of child abuse or neglect;
(c) the Department of Health and Human Services conducts a check of the child abuse and neglect registry of each state where each adult living in the home of the prospective foster parent or prospective adoptive parent described in Subsection (1)(b) resided in the five years immediately preceding the day on which the prospective foster parent or prospective adoptive parent applied to be a foster parent or adoptive parent, to determine whether the adult is listed in the registry as having a substantiated or supported finding of child abuse or neglect; and
(d) each person required to undergo a background check described in this section passes the background check, pursuant to the provisions of Section 26B-2-120.
(2) The requirements under Subsection (1) do not apply to the extent that:
(a) federal law or rule permits otherwise; or
(b) the requirements would prohibit the division or a court from placing a child with:
(i) a noncustodial parent, under Section 80-2a-301, 80-3-302, or 80-3-303; or
(ii) a relative, under Section 80-2a-301, 80-3-302, or 80-3-303, pending completion of the background check described in Subsection (1).
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 1 - Utah Adoption Act › Section 134 - Custody pending final decree.

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 order for temporary custody under Subsection (1)(a) upon determining that:
(i) the birth mother or both birth parents consent to the order;
(ii) the agency or petitioner is willing and able to take custody of the child; and
(iii) an order will be in the best interest of the child.
(c) The court shall vacate an order if, prior to the child's birth, the birth mother or birth parents withdraw their consent.
(2) Except as otherwise provided by the court, once a petitioner has received the adoptee into his home and a petition for adoption has been filed, the petitioner is entitled to the custody and control of the adoptee and is responsible for the care, maintenance, and support of the adoptee, including any necessary medical or surgical treatment, pending further order of the court.
(3) Once a child has been placed with, relinquished to, or ordered into the custody of a child-placing agency for purposes of adoption, the agency shall have custody and control of the child and is responsible for his care, maintenance, and support. The agency may delegate the responsibility for care, maintenance, and support, including any necessary medical or surgical treatment, to the petitioner once the petitioner has received the child into his home. However, until the final decree of adoption is entered by the court, the agency has the right to the custody and control of the child.
Amended by Chapter 148, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 1 - Utah Adoption Act › Section 136 - Final decree of adoption -- Agreement by adoptive parent or parents.

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 execute an agreement stating that the child shall be adopted and treated in all respects as the adoptive parent's or parents' own lawful child.
(2) Except as provided in Subsection 78B-6-115(4), a court may waive the requirement described in Subsection (1)(a) if:
(a) the adoption is not contested;
(b) the prospective adoptive parent or parents:
(i) execute an agreement stating that the child shall be adopted and treated in all respects as the parent's or parents' own lawful child;
(ii) have the agreement described in Subsection (2)(b)(i) notarized; and
(iii) file the agreement described in Subsection (2)(b)(i) with the court; and
(c) all requirements of this chapter to obtain a final decree of adoption are otherwise complied with.
Amended by Chapter 340, 2012 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 1 - Utah Adoption Act › Section 137 - Decree of adoption -- Best interest of child -- Legislative findings.

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 adopted by the adoptive parent or parents and shall be regarded and treated in all respects as the child of the adoptive parent or parents.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 1 - Utah Adoption Act › Section 138 - Pre-existing parent's rights and duties dissolved.

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 that adopted child at the earlier of:
(a) the time the pre-existing parent's parental rights are terminated; or
(b) except as provided in Subsection (2), and subject to Subsections (3) and (4), the time the final decree of adoption is entered.
(2) The parental rights and duties of a pre-existing parent who, at the time the child is adopted, is lawfully married to the person adopting the child are not released under Subsection (1)(b).
(3) The parental rights and duties of a pre-existing parent who, at the time the child is adopted, is not lawfully married to the person adopting the child are released under Subsection (1)(b).
(4)
(a) Notwithstanding the provisions of this section, the court may allow a prospective adoptive parent to adopt a child without releasing the pre-existing parent from parental rights and duties under Subsection (1)(b), if:
(i) the pre-existing parent and the prospective adoptive parent were lawfully married at some time during the child's life;
(ii) the pre-existing parent consents to the prospective adoptive parent's adoption of the child, or is unable to consent because the pre-existing parent is deceased or incapacitated;
(iii) notice of the adoption proceeding is provided in accordance with Section 78B-6-110;
(iv) consent to the adoption is provided in accordance with Section 78B-6-120; and
(v) the court finds that it is in the best interest of the child to grant the adoption without releasing the pre-existing parent from parental rights and duties.
(b) This Subsection (4) does not permit a child to have more than two natural parents, as that term is defined in Section 80-1-102.
(5) This section may not be construed as terminating any child support obligation of a parent incurred before the adoption.
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 1 - Utah Adoption Act › Section 139 - Name and status of adopted child.

78B-6-139.
Name and status of adopted child.
When a final decree of adoption is entered under Section 78B-6-137, a child may take the family name of the adoptive parent or parents. After that decree of adoption is entered, the adoptive parent or parents and the child shall sustain the legal relationship of parent and child, and have all the rights and be subject to all the duties of that relationship.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 1 - Utah Adoption Act › Section 142 - Adoption order from foreign country.

Effective 5/3/2023
78B-6-142.
Adoption order from foreign country.
(1) Except as otherwise provided by federal law, an adoption order rendered to a resident of this state that is made by a foreign country shall be recognized by the courts of this state and enforced as if the order were rendered by a court in this state.
(2) A person who adopts a child in a foreign country may register the order in this state. A petition for registration of a foreign adoption order may be combined with a petition for a name change. If the court finds that the foreign adoption order meets the requirements of Subsection (1), the court shall order the state registrar to:
(a) file the order pursuant to Section 78B-6-137; and
(b) file a certificate of birth for the child pursuant to Section 26B-8-131.
(3) If a clerk of the court is unable to establish the fact, time, and place of birth from the documentation provided, a person holding a direct, tangible, and legitimate interest as described in Subsection 26B-8-125(3)(a) or (b) may petition for a court order establishing the fact, time, and place of a birth pursuant to Subsection 26B-8-119(1).
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 1 - Utah Adoption Act › Section 143 - Nonidentifying health history of adoptee filed with office -- Limited availability.

Effective 5/9/2017
78B-6-143.
Nonidentifying health history of adoptee filed with office -- Limited availability.
(1)
(a) Upon finalization of an adoption in this state, the person who proceeded on behalf of the petitioner for adoption, or a child-placing agency if an agency is involved in the adoption, shall file a report with the office, in the form established by the office.
(b) The report described in Subsection (1)(a) shall include a detailed health history, and a genetic and social history of the adoptee.
(2) The report described in Subsection (1)(a) may not contain identifying information or any information that identifies the adoptee's birth parents or members of their families.
(3) When the report described in Subsection (1)(a) is filed, a duplicate report shall be provided to the adoptive parents.
(4) The report described in Subsection (1)(a) shall only be available upon request, and upon presentation of positive identification, to the following persons:
(a) the adoptive parents;
(b) in the event of the death of the adoptive parents, the adoptee's legal guardian;
(c) the adoptee;
(d) in the event of the death of the adoptee, the adoptee's spouse, if the spouse is the parent or guardian of the adoptee's child;
(e) the adoptee's child or descendant;
(f) the adoptee's birth parent; and
(g) the adoptee's adult sibling.
(5) No identifying information or information that identifies a birth parent or the birth parent's family may be disclosed under this section.
(6) The actual cost of providing information under this section shall be paid by the person requesting the information.
(7) A child-placing agency may provide a copy of the report described in Subsection (1)(a) and information in the child-placing agency's files, except identifying information, to an adult adoptee, a birth parent, or an adoptive parent.
(8) Notwithstanding Subsection (7), identifying information may be released to the extent that the individual who is the subject of the information provides written authorization of the information's release.
Amended by Chapter 417, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 1 - Utah Adoption Act › Section 144.5 - Adoption records fees.

Effective 5/12/2015
78B-6-144.5.
Adoption records fees.
(1)
(a) The office shall, in accordance with Section 63J-1-504, establish a fee to be paid by an individual who requests information or other services under Section 78B-6-141 or Section 78B-6-144, and to cover the costs related to providing the information, services, and improvements described in Subsection (2).
(b) The office may accept donations or grants from public or private entities to cover the costs related to providing the information, services, and improvements described in Subsection (2).
(2) The office shall deposit fees and donations collected under Subsection (1) into the General Fund as dedicated credits and may be used only to:
(a) fund, automate, and improve the provision of services described in Sections 78B-6-141 and 78B-6-144; or
(b) implement means of maximizing potential matches for the services described in Sections 78B-6-141 and 78B-6-144, including the use of broad search terms and methods.
Enacted by Chapter 137, 2015 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 1 - Utah Adoption Act › Section 145 - Restrictions on disclosure of information -- Violations -- Penalty.

78B-6-145.
Restrictions on disclosure of information -- Violations -- Penalty.
(1) Information maintained or filed with the office under this chapter may not be disclosed except as provided by this chapter, or pursuant to a court order.
(2) Any person who discloses information obtained from the office's voluntary adoption registry in violation of this part, or knowingly allows that information to be disclosed in violation of this chapter is guilty of a class A misdemeanor.
Amended by Chapter 340, 2012 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 2 - Alternative Dispute Resolution Act › Section 201 - Title.

Affected by 63I-1-278 on 7/1/2026
78B-6-201.
Title.
This part is known as the "Alternative Dispute Resolution Act."
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 2 - Alternative Dispute Resolution Act › Section 202 - Definitions.

Affected by 63I-1-278 on 7/1/2026
78B-6-202.
Definitions.
As used in this part:
(1) "ADR" means alternative dispute resolution and includes arbitration, mediation, and other means of dispute resolution, other than court trial, authorized by the Judicial Council under this part.
(2) "ADR organization" means an organization which provides training for ADR providers or offers other ADR services.
(3) "ADR provider" means a neutral person who conducts an ADR procedure. An arbitrator, mediator, and early neutral evaluator are ADR providers. An ADR provider may be an employee of the court or an independent contractor.
(4) "Arbitration" means a private hearing before a neutral or panel of neutrals who hear the evidence, consider the contentions of the parties, and enter a written award to resolve the issues presented pursuant to Section 78B-6-206.
(5) "Award" as used in connection with arbitration includes monetary or equitable relief and may include damages, interest, costs, and attorney fees.
(6) "Civil action" means an action in which a party seeks monetary or equitable relief at common law or pursuant to statute.
(7) "Early neutral evaluation" means a confidential meeting with a neutral expert to identify the issues in a dispute, explore settlement, and assess the merits of the claims.
(8) "Mediation" means a private forum in which one or more impartial persons facilitate communication between parties to a civil action to promote a mutually acceptable resolution or settlement.
(9) "Summary jury trial" means a summary presentation of a case to a jury which results in a nonbinding verdict.
Renumbered and Amended by Chapter 3, 2008 General Session