2006 Utah Code - 78-30-4.16 — Contested adoptions -- Rights of parties -- Determination of custody.

     78-30-4.16.   Contested adoptions -- Rights of parties -- Determination of custody.
     (1) If a person whose consent for an adoption is required pursuant to Subsection 78-30-4.14(1)(b), (c), (d), (e), or (f) refused to consent, the court shall determine whether proper grounds exist for the termination of that person's rights pursuant to the provisions of this chapter or Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act.
     (2) (a) If there are proper grounds to terminate the person's parental rights, the court shall order that the person's rights be terminated.
     (b) If there are not proper grounds to terminate the person's parental rights, the court shall:
     (i) dismiss the adoption petition;
     (ii) conduct an evidentiary hearing to determine who should have custody of the child; and
     (iii) award custody of the child in accordance with the child's best interest.
     (3) Evidence considered at the custody hearing may include:
     (a) evidence of psychological or emotional bonds that the child has formed with a third person, including the prospective adoptive parent; and
     (b) any detriment that a change in custody may cause the child.
     (4) The fact that a person relinquished a child for adoption or consented to the adoption may not be considered as evidence that it is not in the child's best interest for custody to be awarded to such person or that:
     (a) the person is unfit or incompetent to be a parent;
     (b) the person has neglected or abandoned the child; or
     (c) the person is not interested in having custody of the child.
     (5) Any custody order entered pursuant to this section may also:
     (a) include provisions for:
     (i) parent-time by a biological parent; or
     (ii) visitation by an interested third party; and
     (b) provide for the financial support of the child.
     (6) (a) If a person or entity whose consent is required for an adoption under Subsection 78-30-4.14(1)(a) or (g) refuses to consent, the court shall proceed with an evidentiary hearing and award custody as set forth in Subsection (2).
     (b) The court may also finalize the adoption if doing so is in the best interest of the child.
     (7) An adoption may not be contested after the final decree of adoption is entered.

Amended by Chapter 137, 2005 General Session