2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 1 - Utah Adoption Act › Section 141 - Court hearings may be closed -- Petition and documents sealed -- Exceptions.

Effective 11/1/2021
78B-6-141.
Court hearings may be closed -- Petition and documents sealed -- Exceptions.
(1)
(a) Notwithstanding Section 80-4-106, court hearings in adoption cases may be closed to the public upon request of a party to the adoption petition and upon court approval.
(b) In a closed hearing, only the following individuals may be admitted:
(i) a party to the proceeding;
(ii) the adoptee;
(iii) a representative of an agency having custody of the adoptee;
(iv) in a hearing to relinquish parental rights, the individual whose rights are to be relinquished and invitees of that individual to provide emotional support;
(v) in a hearing on the termination of parental rights, the individual whose rights may be terminated;
(vi) in a hearing on a petition to intervene, the proposed intervenor;
(vii) in a hearing to finalize an adoption, invitees of the petitioner; and
(viii) other individuals for good cause, upon order of the court.
(2) An adoption document and any other documents filed in connection with a petition for adoption are sealed.
(3) The documents described in Subsection (2) may only be open to inspection and copying:
(a) in accordance with Subsection (5)(a), by a party to the adoption proceeding:
(i) while the proceeding is pending; or
(ii) within six months after the day on which the adoption decree is entered;
(b) subject to Subsection (5)(b), if a court enters an order permitting access to the documents by an individual who has appealed the denial of that individual's motion to intervene;
(c) upon order of the court expressly permitting inspection or copying, after good cause has been shown;
(d) as provided under Section 78B-6-144;
(e) when the adoption document becomes public on the one hundredth anniversary of the date the final decree of adoption was entered;
(f) when the birth certificate becomes public on the one hundredth anniversary of the date of birth;
(g) to a mature adoptee or a parent who adopted the mature adoptee, without a court order, unless the final decree of adoption is entered by the juvenile court under Subsection 78B-6-115(3)(b); or
(h) to an adult adoptee, to the extent permitted under Subsection (4).
(4)
(a) An adult adoptee that was born in the state may access an adoption document associated with the adult adoptee's adoption without a court order:
(i) to the extent that a birth parent consents under Subsection (4)(b); or
(ii) if the birth parents listed on the original birth certificate are deceased.
(b) A birth parent may:
(i) provide consent to allow the access described in Subsection (4)(a) by electing, electronically or on a written form provided by the office, allowing the birth parent to elect to:
(A) allow the office to provide the adult adoptee with the contact information of the birth parent that the birth parent indicates;
(B) allow the office to provide the adult adoptee with the contact information of an intermediary that the birth parent indicates;
(C) prohibit the office from providing any contact information to the adult adoptee;
(D) allow the office to provide the adult adoptee with a noncertified copy of the original birth certificate; and
(ii) at any time, file, electronically or on a written document with the office, to:
(A) change the election described in Subsection (4)(b); or
(B) elect to make other information about the birth parent, including an updated medical history, available for inspection by an adult adoptee.
(c) A birth parent may not access any identifying information or an adoption document under this Subsection (4).
(d) If two birth parents are listed on the original birth certificate and only one birth parent consents under Subsection (4)(b) or is deceased, the office may redact the name of the other birth parent.
(5)
(a) An individual who files a motion to intervene in an adoption proceeding:
(i) is not a party to the adoption proceeding, unless the motion to intervene is granted; and
(ii) may not be granted access to the documents described in Subsection (2), unless the motion to intervene is granted.
(b) An order described in Subsection (3)(b) shall:
(i) prohibit the individual described in Subsection (3)(b) from inspecting a document described in Subsection (2) that contains identifying information of the adoptive or prospective adoptive parent; and
(ii) permit the individual described in Subsection (5)(b)(i) to review a copy of a document described in Subsection (5)(b)(i) after the identifying information described in Subsection (5)(b)(i) is redacted from the document.
Amended by Chapter 262, 2021 General Session