Title 78B Chapter 6 Section 141
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Judicial Code | |
Particular Proceedings | |
Section 141 | Petition, report, and documents sealed -- Exceptions. |
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78B-6-141. Petition, report, and documents sealed --
Exceptions.
(1) A petition for adoption, the written report described in Section 78B-6-135, and any other documents filed in connection with the petition are sealed. (2) The documents described in Subsection (1) may only be open to inspection as follows: (a) in accordance with Subsection (3)(a), by a party to the adoption proceeding: (i) while the proceeding is pending; or (ii) within six months after the day on which the adoption decree is entered; (b) subject to Subsection (3)(b), a court enters an order permitting access to the documents by a person who has appealed the denial of that person's motion to intervene; (c) upon order of the court expressly permitting inspection or copying, after good cause has been shown; (d) as provided under Section 78B-6-144; (e) those records shall become public on the one hundredth anniversary of the date the final decree of adoption was entered; or (f) if the adoptee is an adult at the time the final decree of adoption is entered, the documents described in this section are open to inspection and copying without a court order by the adoptee or a parent who adopted the adoptee, unless the final decree of adoption is entered by the juvenile court under Subsection 78B-6-115(3)(b). (3) (a) A person who files a motion to intervene in an adoption proceeding: (i) is not a party to the adoption proceeding, unless the motion to intervene is granted; and (ii) may not be granted access to the documents described in Subsection (1), unless the motion to intervene is granted. (b) An order described in Subsection (2)(b) shall: (i) prohibit the person described in Subsection (2)(b) from inspecting a document described in Subsection (1) that contains identifying information of the adoptive or prospective adoptive parent; and (ii) permit the person described in Subsection (3)(b)(i) to review a copy of a document described in Subsection (3)(b)(i) after the identifying information described in Subsection (3)(b)(i) is redacted from the document. Amended by Chapter 340, 2012 General Session | |
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