Utah's Adoption Laws

• Adoption Records
• Consent To Adoption
• Parties To An Adoption
• Birth Father Statutes
• Adoption Expenses
• International Expenses
• General Adoption Statutes

Adoption Records

Utah

Statute: § 62A-4a-412(1)

Records Confidential: Yes

Persons with access to records

• CPS/State Agencies

• Courts/Judges

• Law Enforcement

• Attorneys General/Prosecutors

• Attorneys, GAL's

• Physicians

• Researchers

• Employers

• Parents/Guardians

• Treatment Providers

• Subject of Reports

Persons without access to records

• Agencies From Other States

• Grand Juries

• Reporters of Abuse

• Coroners

• Review Teams

• Public/Any Person

Other State Office of Education

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

Consent to Adoption

The consent may be signed 24 hours following the birth.

Pre-consents are not allowed in the state of Utah.

Revocation Time Frame in Utah

The consent is irrevocable upon signing.

Parties to an Adoption

Utah

• The following persons are eligible to adopt:

o Adults who are legally married to each other

o A stepparent

o Any single adult

• Persons who are cohabiting but not legally married may not adopt.

• The adoptive parent must be at least 10 years older than the adoptee.

• In the case of a married couple, only one person needs to be 10 years older.

• A married person may not adopt without the consent of his or her spouse.

• Any minor child

• Any adult

• A parent

• A licensed child-placing agency

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

Birth Father Statutes

No information currently available.

Adoption Expenses

Utah

1. • Actual and reasonable legal expenses
2. • Maternity expenses
3. • Related medical and hospital costs
4. • Necessary living expenses

 Payments for adoption-related expenses may only be made in accordance with § 76-7-203.

Not addressed in statutes reviewed

 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.

 The division shall charge the petitioner a reasonable fee for the services provided.

 Prior to the entry of the final decree, an affidavit regarding fees and expenses, signed by the adoptive parents and the person or agency placing the child, shall be filed with the court. The affidavit shall itemize:

1. • All expenses paid, per § 76-7-203
2. • Fees paid by the adoptive parent
3. • All gifts, property, or other items that have been provided to the birth parents
4. • All public funds used for any medical or hospital costs
5. • A description of services provided

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

International Expenses

No information currently available.

General Adoption Statutes

Utah

1. • Licensed child placement agency
2. • The Division of Child and Family Services
3. • Probation officer

1. • Detailed health history
2. • Genetic and social history

1. • Reasons for placing child for adoption
2. • Whether the birth parents have abandoned the child or are morally unfit for custody

1. • Financial stability
2. • Moral fitness for care, training, and supervision of the adopted person

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.