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Utah Code
2025 Utah Code
Title 81 - Utah Domestic Relations Code
Chapter 13 - Adoption
Part 3 - Adoption of an Adult
Section 306 - Effect of adoption of an adult on pre-existing parent.
Universal Citation:
UT Code § 81-13-306 (2025)
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Effective 9/1/2025
81-13-306. Effect of adoption of an adult on pre-existing parent.
Enacted by Chapter 426, 2025 General Session
81-13-306. Effect of adoption of an adult on pre-existing parent.
- (1)A pre-existing parent of an adult adoptee:
- (a)is released from all parental rights and duties toward and all responsibilities for the adult adoptee, including residual parental rights and duties, as defined in Section 80-1-102; and
- (b)has no further parental rights or duties with regard to the adult adoptee at the earlier of:
- (i)the time the pre-existing parent's parental rights are terminated; or
- (ii)except as provided in Subsection (2), and subject to Subsections (3) and (4), the time the final decree of adoption is entered.
- (2)The parental rights and duties of a pre-existing parent who, at the time the adult adoptee is adopted, is lawfully married to the individual adopting the adult adoptee are not released under Subsection (1)(b).
- (3)The parental rights and duties of a pre-existing parent who, at the time the adult adoptee is adopted, is not lawfully married to the individual adopting the adult adoptee are released under Subsection (1)(b).
- (4)
- (a)Notwithstanding the provisions of this section, the court may allow a prospective adoptive parent to adopt an adult adoptee without releasing the pre-existing parent from parental rights and duties under Subsection (1)(b) if:
- (i)the pre-existing parent and the prospective adoptive parent were lawfully married at some time during the adult adoptee's life;
- (ii)the pre-existing parent consents to the prospective adoptive parent's adoption of the adult adoptee or is unable to consent because the pre-existing parent is deceased or incapacitated;
- (iii)notice of the adoption proceeding is provided in accordance with Section 81-13-303;
- (iv)consent to the adoption is provided in accordance with Section 81-13-304; and
- (v)the court finds that it is in the best interest of the adult adoptee to grant the adoption without releasing the pre-existing parent from parental rights and duties.
- (b)This Subsection (4) does not permit an adult adoptee to have more than two parents.
- (a)Notwithstanding the provisions of this section, the court may allow a prospective adoptive parent to adopt an adult adoptee without releasing the pre-existing parent from parental rights and duties under Subsection (1)(b) if:
- (5)This section may not be construed as terminating any child support obligation of a parent incurred before the adoption.
Enacted by Chapter 426, 2025 General Session
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