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2021 Utah Code
Title 78B - Judicial Code
Chapter 6 - Particular Proceedings
Part 1 - Utah Adoption Act
Section 105 - District court venue -- Jurisdiction of juvenile court -- Jurisdiction over nonresidents -- Time for filing.
Universal Citation: UT Code § 78B-6-105 (2021)
Effective 9/1/2021
78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction over nonresidents -- Time for filing.
Amended by Chapter 261, 2021 General Session
78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction over nonresidents -- Time for filing.
- (1) An adoption proceeding shall be commenced by filing a petition in:
- (a) the district court in the district where the prospective adoptive parent resides;
- (b) if the prospective adoptive parent is not a resident of this state, the district court in the district where:
- (i) the adoptee was born;
- (ii) the adoptee resides on the day on which the petition is filed; or
- (iii) a parent of the proposed adoptee resides on the day on which the petition is filed; or
- (c) the juvenile court as provided in Subsection 78A-6-103(2)(n) and Section 78A-6-350.
- (2) All orders, decrees, agreements, and notices in an adoption proceeding shall be filed with the clerk of the court where the adoption proceeding is commenced under Subsection (1).
- (3) A petition for adoption:
- (a) may be filed before the birth of a child;
- (b) may be filed before or after the adoptee is placed in the home of the petitioner for the purpose of adoption; and
- (c) shall be filed no later than 30 days after the day on which the adoptee is placed in the home of the petitioners for the purpose of adoption, unless:
- (i) the time for filing has been extended by the court; or
- (ii) the adoption is arranged by a child-placing agency in which case the agency may extend the filing time.
- (4)
- (a) If a person whose consent for the adoption is required under Section 78B-6-120 or 78B-6-121 cannot be found within the state, the fact of the minor's presence within the state shall confer jurisdiction on the court in proceedings under this chapter as to such absent person, provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.
- (b) The notice may not include the name of:
- (i) a prospective adoptive parent; or
- (ii) an unmarried mother without her consent.
- (5) Service of notice described in Subsection (6) shall vest the court with jurisdiction over the person served in the same manner and to the same extent as if the person served was served personally within the state.
- (6) In the case of service outside the state, service completed not less than five days before the time set in the notice for appearance of the person served is sufficient to confer jurisdiction.
- (7) Computation of periods of time not otherwise set forth in this section shall be made in accordance with the Utah Rules of Civil Procedure.
Amended by Chapter 261, 2021 General Session
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