78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction over
nonresidents -- Time for filing.
(1) Adoption proceedings shall be commenced by filing a petition with the clerk of the
district court either:
(a) in the district where the person adopting resides;
(b) if the person adopting is not a resident of this state, in the district where:
(i) the proposed adoptee was born;
(ii) the proposed 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) with the juvenile court as provided in Subsection 78A-6-103(1).
(2) All orders, decrees, agreements, and notices in the proceedings shall be filed with the
clerk of the court where the adoption proceedings were commenced under Subsection (1).
(3) A petition for adoption shall be filed within 30 days of the date the adoptee is placed
in the home of the petitioners for the purpose of adoption, unless:
(a) the time for filing has been extended by the court; or
(b) 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) the person or persons seeking to adopt the adoptee; or
(ii) an unmarried mother without her consent.
(5) Service of notice as provided 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, shall be 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 159, 2009 General Session
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Last revised: Thursday, May 28, 2009