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The 5 Utah Adoption Laws You Need to Know
Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important Utah adoption laws you need to know about when considering this for your family.
Top 5 Utah Adoption Laws
Birth Father's Legal Rights
Does my baby's father have to agree to the adoption in Utah?
The father’s consent to adoption is required if he is recognized as the father and it has not been rebutted, he has been adjudicated as the father, he has filed a declaration of paternity, or he is a previous adoptive father. Consent is implied if:
- The parent abandons the child
- The parent leaves the child with a third party without parental identification for a consecutive thirty days
- The parent fails to maintain a substantial relationship with the child for six months; or
- The parent fails to respond to notice.
Utah Code Ann. §§ 78B-7-120, 78B-7-120.1, 78B-7-123 (2020)
Consent of an unmarried biological father is not required if:
- The court finds that his parental rights should be terminated
- His declaration of paternity has been rescinded; or
- It can be shown that the child was conceived in rape, even if the father is not formally convicted
Utah Code Ann. §§ 78B-7-111, 78B-7-120, 78B-7-121 (2020)
In Utah, to preserve the right to notice of an adoption proceeding, a father must initiate a proceeding to establish paternity.
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Expectant/Birth Mother Living Expenses
Can I get help with my living expenses during my pregnancy in a Utah adoption?
An expectant mother may receive money towards legal expenses, maternity expenses, medical expenses, hospital expenses, counseling expenses, temporary living expenses and lost wages during the pregnancy for up to eight weeks after the day the mother delivers the child, and expenses for travel. Money from adoptive parents must be given as an act of charity.
Separate Legal Representation
Will I be offered my own Utah adoption lawyer?
This issue is not addressed under Utah law, but you still need to make sure you have your own attorney paid for by the agency or adoptive parents. Any family you choose from AdoptMatch will make sure you have your own attorney.
Open Adoption
How does Open Adoption work in Utah?
A postadoption contact agreement shall describe visitation, the degree of supervision, the information to be provided to the birth relative about the adopted child, and the grounds the adoptive parent has to deny visitation or stop providing information. The agreement shall state that following the adoption, the court will presume that the adoptive parents’ judgment in enforcing, modifying, or terminating the agreement is in the best interest of the child. The agreement cannot limit the adoptive parents’ ability to move out of state. For an agreement to be enforceable, it must be approved by the court before the adoption is finalized, signed by each party, and approved by the child if they are over twelve years old. If a party rebuts the presumption that the adoptive parent is acting in the best interest of the child to seek enforcement of the agreement, then the court will consider if the agreement was upheld in good faith, if there are alternative things that can be done that fulfills the spirit of the open adoption, and whether enforcement is in the best interest of the child. The agreement may only be modified with the adoptive parents’ consent.
Utah Code Ann. § 78B-6-146 (2020)
Click here for a map showing which states enforce open adoption agreements.
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How does Consent to Adoption work in Utah?
How does the legal process for adoption work in Utah?
Consent may be given twenty-four hours after the birth of the child and must be signed in the presence of a judge or someone authorized to take acknowledgements.
Utah Code Ann. §§ 78B-6-124(1), 78B-6-125(1) (2020)
How long will I have to change my mind about adoption in Utah?
Consent is irrevocable.
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AdoptMatch is an initiative of Ethical Family Building, a nonprofit organization working to safeguard domestic adoptions through education, transparency, and accountability.
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