2006 Utah Code - 78-30-4.14 — Necessary consent to adoption or relinquishment for adoption.

     78-30-4.14.   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) both parents or the surviving parent of an adoptee who was conceived or born within a marriage;
     (c) the mother of an adoptee born outside of marriage;
     (d) any 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), any 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 78, Chapter 45e, Voluntary Declaration of Paternity 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, only if he strictly complies with the requirements of Subsections (4) through (8) and (10); 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.
     (4) Except as provided in Subsections (5)(a) and (10), and subject to Subsection (8), with regard to a child who is placed with adoptive parents more than six months after birth, consent of an unmarried biological father is not required unless the unmarried biological father:
     (a) (i) developed a substantial relationship with the child by:
     (A) visiting the child monthly, unless the unmarried biological father was physically or financially unable to visit the child on a monthly basis; or
     (B) engaging in regular communication with the child or with the person or authorized agency that has lawful custody of the child;
     (ii) took some measure of responsibility for the child and the child's future; and
     (iii) demonstrated a full commitment to the responsibilities of parenthood by financial support of the child of a fair and reasonable sum in accordance with the father's ability; or
     (b) (i) openly lived with the child:
     (A) (I) for a period of at least six months during the one-year period immediately preceding the day on which the child is placed with adoptive parents; or
     (II) if the child is less than one year old, for a period of at least six months during the period of time beginning on the day on which the child is born and ending on the day on which the child is placed with adoptive parents; and

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     (B) immediately preceding placement of the child with adoptive parents; and
     (ii) openly held himself out to be the father of the child during the six-month period described in Subsection (4)(b)(i)(A).
     (5) (a) If an unmarried biological father was prevented from complying with a requirement of Subsection (4) by the person or authorized agency having lawful custody of the child, the unmarried biological father is not required to comply with that requirement.
     (b) The subjective intent of an unmarried biological father, whether expressed or otherwise, that is unsupported by evidence that the requirements in Subsection (4) have been met, shall not preclude a determination that the father failed to meet the requirements of Subsection (4).
     (6) Except as provided in Subsection (10), and subject to Subsection (8), with regard to a child who is six months of age or less at the time the child is placed with adoptive parents, consent of an unmarried biological father is not required unless, prior to the time the mother executes her consent for adoption or relinquishes the child for adoption, the unmarried biological father:
     (a) initiates proceedings to establish paternity under Title 78, Chapter 45g, Utah Uniform Parentage Act;
     (b) files with the court that is presiding over the paternity proceeding a sworn affidavit:
     (i) stating that he is fully able and willing to have full custody of the child;
     (ii) setting forth his plans for care of the child; and
     (iii) agreeing to a court order of child support and the payment of expenses incurred in connection with the mother's pregnancy and the child's birth;
     (c) consistent with Subsection (7), files notice of the commencement of paternity proceedings with the state registrar of vital statistics within the Department of Health, in a confidential registry established by the department for that purpose; and
     (d) offered to pay and paid a fair and reasonable amount of the expenses incurred in connection with the mother's pregnancy and the child's birth, in accordance with his financial ability, unless:
     (i) he did not have actual knowledge of the pregnancy;
     (ii) he was prevented from paying the expenses by the person or authorized agency having lawful custody of the child; or
     (iii) the mother refuses to accept the unmarried biological father's offer to pay the expenses described in this Subsection (6)(d).
     (7) The notice described in Subsection (6)(c) is considered filed when it is entered into the registry described in Subsection (6)(c).
     (8) Consent of an unmarried biological father is not required under this section if:
     (a) the court determines, in accordance with the requirements and procedures of Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act, that the unmarried biological father's rights should be terminated, based on the petition of any interested party; or
     (b) (i) a declaration of paternity declaring the unmarried biological father to be the father of the child is rescinded under Section 78-45g-306; and
     (ii) the unmarried biological father fails to comply with Subsection (6) within ten business days after the day that notice of the rescission described in Subsection (8)(b)(i) is mailed by the Office of Vital Records within the Department of Health as provided in Section 78-45g-306.

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     (9) Unless the adoptee is conceived or born within a marriage, the petitioner in an adoption proceeding shall, prior to entrance of a final decree of adoption, file with the court a certificate from the state registrar of vital statistics within the Department of Health, stating:
     (a) that a diligent search has been made of the registry of notices from unmarried biological fathers described in Subsection (6)(c); and
     (b) (i) that no filing has been found pertaining to the father of the child in question; or
     (ii) if a filing is found, the name of the putative father and the time and date of filing.
     (10) (a) For purposes of this Subsection (10), "qualifying circumstance" means that, at any point during the time period beginning at the conception of the child and ending at the time the mother executed a consent to adoption or relinquishment of the child for adoption:
     (i) the child or the child's mother resided, on a permanent or temporary basis, in the state of Utah;
     (ii) the mother intended to give birth to the child in the state of Utah;
     (iii) the child was born in the state of Utah; or
     (iv) the mother intended to execute a consent to adoption or relinquishment of the child for adoption:
     (A) in the state of Utah; or
     (B) under the laws of the state of Utah.
     (b) Notwithstanding the provisions of Subsections (4) and (6), the consent of an unmarried biological father is required with respect to an adoptee who is under the age of 18 if:
     (i) (A) the unmarried biological father did not know, and through the exercise of reasonable diligence could not have known, before the time the mother executed a consent to adoption or relinquishment of the child for adoption, that a qualifying circumstance existed; and
     (B) before the mother executed a consent to adoption or relinquishment of the child for adoption, the unmarried biological father fully complied with the requirements to establish parental rights in the child, and to preserve the right to notice of a proceeding in connection with the adoption of the child, imposed by:
     (I) the last state where the unmarried biological father knew, or through the exercise of reasonable diligence should have known, that the mother resided in before the mother executed the consent to adoption or relinquishment of the child for adoption; or
     (II) the state where the child was conceived; or
     (ii) (A) the unmarried biological father knew, or through the exercise of reasonable diligence should have known, before the time the mother executed a consent to adoption or relinquishment of the child for adoption, that a qualifying circumstance existed; and
     (B) the unmarried biological father complied with the requirements of Subsection (4) or (6) before the later of:
     (I) 20 days after the day that the unmarried biological father knew, or through the exercise of reasonable diligence should have known, that a qualifying circumstance existed; or
     (II) the time that the mother executed a consent to adoption or relinquishment of the child for adoption.
     (11) An unmarried biological father who does not fully and strictly comply with the requirements of this section is considered to have waived and surrendered any right in relation to the child, including the right to:
     (a) notice of any judicial proceeding in connection with the adoption of the child; and
     (b) consent, or refuse to consent, to the adoption of the child.

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Repealed and Re-enacted by Chapter 186, 2006 General Session