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2021 Utah Code
Title 78B - Judicial Code
Chapter 6 - Particular Proceedings
Part 1 - Utah Adoption Act
Section 115 - Who may adopt -- Adoption of adult.
Universal Citation: UT Code § 78B-6-115 (2021)
Effective 5/5/2021
78B-6-115. Who may adopt -- Adoption of adult.
Amended by Chapter 65, 2021 General Session
78B-6-115. Who may adopt -- Adoption of adult.
- (1) As used in this section, "vulnerable adult" means:
- (a) an individual who is 65 years old or older; or
- (b) an adult who is 18 years old or older, and who has a mental or physical impairment that substantially affects that adult's ability to:
- (i) provide personal protection;
- (ii) provide necessities such as food, shelter, clothing, or medical or other health care;
- (iii) obtain services necessary for health, safety, or welfare;
- (iv) carry out the activities of daily living;
- (v) manage the adult's own resources; or
- (vi) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation.
- (2) Subject to this section and Section 78B-6-117, any adult may be adopted by another adult.
- (3) The following provisions of this part apply to the adoption of an adult just as though the individual being adopted were a minor:
- (a)
- (i) Section 78B-6-108;
- (ii) Section 78B-6-114;
- (iii) Section 78B-6-116;
- (iv) Section 78B-6-118;
- (v) Section 78B-6-124;
- (vi) Section 78B-6-136;
- (vii) Section 78B-6-137;
- (viii) Section 78B-6-138;
- (ix) Section 78B-6-139;
- (x) Section 78B-6-141; and
- (xi) Section 78B-6-142;
- (b) Subsections 78B-6-105(1)(a), (1)(b)(i), (1)(b)(ii), (2), and (7), except that the juvenile court does not have jurisdiction over a proceeding for adoption of an adult, unless the adoption arises from a case where the juvenile court has continuing jurisdiction over the mature adoptee; and
- (c) if the mature adoptee is a vulnerable adult, Sections 78B-6-128 through 78B-6-131, regardless of whether the mature adoptee resides, or will reside, with the adopters, unless the court, based on a finding of good cause, waives the requirements of those sections.
- (a)
- (4) Before a court enters a final decree of adoption of a mature adoptee, the mature adoptee and the prospective adoptive parent or parents shall appear before the court presiding over the adoption proceeding and execute consent to the adoption.
- (5) No provision of this part, other than those listed or described in this section or Section 78B-6-117, apply to the adoption of an adult.
Amended by Chapter 65, 2021 General Session
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