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2021 Utah Code
Title 78B - Judicial Code
Chapter 6 - Particular Proceedings
Part 1 - Utah Adoption Act
Section 136.5 - Timing of entry of final decree of adoption -- Posthumous adoption.
Universal Citation: UT Code § 78B-6-136.5 (2021)
Effective 5/5/2021
78B-6-136.5. Timing of entry of final decree of adoption -- Posthumous adoption.
Amended by Chapter 65, 2021 General Session
78B-6-136.5. Timing of entry of final decree of adoption -- Posthumous adoption.
- (1) Except as provided in Subsection (2), a final decree of adoption may not be entered until the earlier of:
- (a) when the child has lived in the home of the prospective adoptive parent for six months; or
- (b) when the child has been placed for adoption with the prospective adoptive parent for six months.
- (2)
- (a) If the prospective adoptive parent is the spouse of the preexisting parent, a final decree of adoption may not be entered until the child has lived in the home of that prospective adoptive parent for one year, unless, based on a finding of good cause, the court orders that the final decree of adoption may be entered at an earlier time.
- (b) The court may, based on a finding of good cause, order that the final decree of adoption be entered at an earlier time than described in Subsection (1).
- (3) The court has authority to enter a final decree of adoption after a child's death upon the request of the prospective adoptive parent or parents of the child if:
- (a) the child dies during the time that the child is placed in the home of a prospective adoptive parent or parents for the purpose of adoption; or
- (b) the prospective adoptive parent is the spouse of a preexisting parent of the child and the child lived with the prospective adoptive parent before the child's death.
- (4) The court may enter a final decree of adoption declaring that a child is adopted by:
- (a) both a deceased and a surviving adoptive parent if after the child is placed in the home of the child's prospective adoptive parents:
- (i) one of the prospective adoptive parents dies;
- (ii) the surviving prospective adoptive parent requests that the court enter the decree; and
- (iii) the decree is entered after the child has lived in the home of the surviving prospective adoptive parent for at least six months; or
- (b) a spouse of a preexisting parent if after the child has lived with the spouse of the preexisting parent:
- (i) the preexisting parent, or the spouse of the preexisting parent, dies;
- (ii) the preexisting parent, or the spouse of the preexisting parent, requests that the court enter the decree; and
- (iii) the child has lived in the same home as the spouse of the preexisting parent for at least one year.
- (a) both a deceased and a surviving adoptive parent if after the child is placed in the home of the child's prospective adoptive parents:
- (5) Upon request of a surviving preexisting parent, or a surviving parent for whom adoption of a child has been finalized, the court may enter a final decree of adoption declaring that a child is adopted by a deceased adoptive parent who was the spouse of the surviving parent at the time of the prospective adoptive parent's death.
- (6) The court may enter a final decree of adoption declaring that a child is adopted by both deceased prospective adoptive parents if:
- (a) both of the prospective adoptive parents die after the child is placed in the prospective adoptive parents' home; and
- (b) it is in the best interests of the child to enter the decree.
- (7) Nothing in this section shall be construed to grant any rights to the preexisting parents of a child to assert any interest in the child during the six-month or one-year periods described in this section.
Amended by Chapter 65, 2021 General Session
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