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2021 Utah Code
Title 78B - Judicial Code
Chapter 6 - Particular Proceedings
Part 1 - Utah Adoption Act
Section 117 - Who may adopt -- Adoption of minor.
Universal Citation: UT Code § 78B-6-117 (2021)
Effective 9/1/2021
78B-6-117. Who may adopt -- Adoption of minor.
Amended by Chapter 262, 2021 General Session
78B-6-117. Who may adopt -- Adoption of minor.
- (1) A minor child may be adopted by an adult individual, in accordance with this section and this part.
- (2) A child may be adopted by:
- (a) adults who are legally married to each other in accordance with the laws of this state, including adoption by a stepparent; or
- (b) subject to Subsections (3) and (4), a single adult.
- (3) A child may not be adopted by an individual who is cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this state unless the individual is a relative of the child or a recognized placement under the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq.
- (4) To provide a child who is in the custody of the division with the most beneficial family structure, when a child in the custody of the division is placed for adoption, the division or child-placing agency shall place the child with a married couple, unless:
- (a) there are no qualified married couples who:
- (i) have applied to adopt a child;
- (ii) are willing to adopt the child; and
- (iii) are an appropriate placement for the child;
- (b) the child is placed with a relative of the child;
- (c) the child is placed with an individual who has already developed a substantial relationship with the child;
- (d) the child is placed with an individual who:
- (i) is selected by a parent or former parent of the child, if the parent or former parent consented to the adoption of the child; and
- (ii) the parent or former parent described in Subsection (4)(d)(i):
- (A) knew the individual with whom the child is placed before the parent consented to the adoption; or
- (B) became aware of the individual with whom the child is placed through a source other than the division or the child-placing agency that assists with the adoption of the child; or
- (e) it is in the best interests of the child to place the child with a single adult.
- (a) there are no qualified married couples who:
- (5) Except as provided in Subsection (6), an adult may not adopt a child if, before adoption is finalized, the adult has been convicted of, pleaded guilty to, or pleaded no contest to a felony or attempted felony involving conduct that constitutes any of the following:
- (a) child abuse, as described in Section 76-5-109;
- (b) child abuse homicide, as described in Section 76-5-208;
- (c) child kidnapping, as described in Section 76-5-301.1;
- (d) human trafficking of a child, as described in Section 76-5-308.5;
- (e) sexual abuse of a minor, as described in Section 76-5-401.1;
- (f) rape of a child, as described in Section 76-5-402.1;
- (g) object rape of a child, as described in Section 76-5-402.3;
- (h) sodomy on a child, as described in Section 76-5-403.1;
- (i) sexual abuse of a child or aggravated sexual abuse of a child, as described in Section 76-5-404.1;
- (j) sexual exploitation of a minor, as described in Section 76-5b-201; or
- (k) an offense in another state that, if committed in this state, would constitute an offense described in this Subsection (5).
- (6)
- (a) For purpose of this Subsection (6), "disqualifying offense" means an offense listed in Subsection (5) that prevents a court from considering an individual for adoption of a child except as provided in this Subsection (6).
- (b) An individual described in Subsection (5) may only be considered for adoption of a child if the following criteria are met by clear and convincing evidence:
- (i) at least 10 years have elapsed from the day on which the individual is successfully released from prison, jail, parole, or probation related to a disqualifying offense;
- (ii) during the 10 years before the day on which the individual files a petition with the court seeking adoption, the individual has not been convicted, pleaded guilty, or pleaded no contest to an offense greater than an infraction or traffic violation that would likely impact the health, safety, or well-being of the child;
- (iii) the individual can provide evidence of successful treatment or rehabilitation directly related to the disqualifying offense;
- (iv) the court determines that the risk related to the disqualifying offense is unlikely to cause harm, as defined in Section 80-1-102, or potential harm to the child currently or at any time in the future when considering all of the following:
- (A) the child's age;
- (B) the child's gender;
- (C) the child's development;
- (D) the nature and seriousness of the disqualifying offense;
- (E) the preferences of a child 12 years old or older;
- (F) any available assessments, including custody evaluations, home studies, pre-placement adoptive evaluations, parenting assessments, psychological or mental health assessments, and bonding assessments; and
- (G) any other relevant information;
- (v) the individual can provide evidence of all of the following:
- (A) the relationship with the child is of long duration;
- (B) that an emotional bond exists with the child; and
- (C) that adoption by the individual who has committed the disqualifying offense ensures the best interests of the child are met; and
- (vi) the adoption is by:
- (A) a stepparent whose spouse is the adoptee's parent and consents to the adoption; or
- (B) subject to Subsection (6)(d), a relative of the child as defined in Section 80-3-102 and there is not another relative without a disqualifying offense filing an adoption petition.
- (c) The individual with the disqualifying offense bears the burden of proof regarding why adoption with that individual is in the best interest of the child over another responsible relative or equally situated individual who does not have a disqualifying offense.
- (d) If there is an alternative responsible relative who does not have a disqualifying offense filing an adoption petition, the following applies:
- (i) preference for adoption shall be given to a relative who does not have a disqualifying offense; and
- (ii) before the court may grant adoption to the individual who has the disqualifying offense over another responsible, willing, and able relative:
- (A) an impartial custody evaluation shall be completed; and
- (B) a guardian ad litem shall be assigned.
- (7) Subsections (5) and (6) apply to a case pending on March 25, 2017, for which a final decision on adoption has not been made and to a case filed on or after March 25, 2017.
Amended by Chapter 262, 2021 General Session
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