H.B. 74 Enrolled

1

ADOPTION AND CHILD CUSTODY
2 AMENDMENTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Sheryl L. Allen
6 Senate Sponsor: Daniel R. Liljenquist
7
8 LONG TITLE
9 General Description:
10 This bill amends adoption and child custody provisions in the portion of the Utah Code
11 relating to divorce, the Utah Human Services Code, the Utah Adoption Act, and the
12 Utah Uniform Parentage Act.
13 Highlighted Provisions:
14 This bill:
15 . defines terms;
16 . removes the requirement that, when making a child custody determination in a
17 separation or divorce proceeding, the court take into consideration that a parent has
18 attempted to permanently relinquish custody of the child to a third party;
19 . amends race, color, and ethnicity requirements of the Utah Human Services Code
20 to conform with the language of the federal Multiethnic Placement Act;
21 . describes when a petition for adoption may be filed;
22 . describes the time and manner in which a person may file a petition or motion to
23 determine the rights and interests of a person who may claim an interest in a child;
24 . amends provisions relating to background checks;
25 . amends provisions relating to contesting an adoption;
26 . describes when a petition for termination of parental rights may be filed under the
27 Utah Adoption Act;
28 . enacts and clarifies provisions relating to the preservation of rights by an unmarried
29 biological father;

30 . describes the affect that a court's dismissal of an adoption petition has in a custody
31 proceeding;
32 . requires a court to dismiss a paternity petition filed by an unmarried biological
33 father, without adjudicating paternity, if the unmarried biological father is not
34 entitled to consent to the adoption of the child; and
35 . makes technical changes.
36 Monies Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 None
40 Utah Code Sections Affected:
41 AMENDS:
42 30-3-10, as last amended by Laws of Utah 2009, Chapter 179
43 62A-4a-205.5, as last amended by Laws of Utah 2008, Chapter 3
44 78B-6-103, as last amended by Laws of Utah 2009, Chapter 159
45 78B-6-104, as enacted by Laws of Utah 2008, Chapter 3
46 78B-6-105, as last amended by Laws of Utah 2009, Chapter 159
47 78B-6-109, as renumbered and amended by Laws of Utah 2008, Chapter 3
48 78B-6-110, as last amended by Laws of Utah 2009, Chapter 159
49 78B-6-112, as renumbered and amended by Laws of Utah 2008, Chapter 3
50 78B-6-113, as last amended by Laws of Utah 2008, Chapter 17 and renumbered and
51 amended by Laws of Utah 2008, Chapter 3
52 78B-6-122, as enacted by Laws of Utah 2008, Chapter 3 and last amended by Laws of
53 Utah 2008, Chapter 123
54 78B-6-128, as enacted by Laws of Utah 2008, Chapter 3 and last amended by Laws of
55 Utah 2008, Chapter 137
56 78B-6-129, as enacted by Laws of Utah 2008, Chapter 3 and last amended by Laws of
57 Utah 2008, Chapter 137

58 78B-6-133, as renumbered and amended by Laws of Utah 2008, Chapter 3
59 78B-6-135, as renumbered and amended by Laws of Utah 2008, Chapter 3
60 78B-6-138, as last amended by Laws of Utah 2009, Chapter 159
61 78B-6-140, as renumbered and amended by Laws of Utah 2008, Chapter 3
62 78B-15-104, as renumbered and amended by Laws of Utah 2008, Chapter 3
63 ENACTS:
64 78B-6-122.5, Utah Code Annotated 1953
65 78B-6-136.5, Utah Code Annotated 1953
66
67 Be it enacted by the Legislature of the state of Utah:
68 Section 1. Section 30-3-10 is amended to read:
69 30-3-10. Custody of children in case of separation or divorce -- Custody
70 consideration.
71 (1) If a husband and wife having minor children are separated, or their marriage is
72 declared void or dissolved, the court shall make an order for the future care and custody of the
73 minor children as it considers appropriate.
74 (a) In determining any form of custody, the court shall consider the best interests of
75 the child and, among other factors the court finds relevant, the following:
76 (i) the past conduct and demonstrated moral standards of each of the parties;
77 (ii) which parent is most likely to act in the best interest of the child, including
78 allowing the child frequent and continuing contact with the noncustodial parent;
79 (iii) the extent of bonding between the parent and child, meaning the depth, quality,
80 and nature of the relationship between a parent and child; and
81 (iv) those factors outlined in Section 30-3-10.2 .
82 (b) The court shall, in every case, consider joint custody but may award any form of
83 custody which is determined to be in the best interest of the child.
84 (c) The children may not be required by either party to testify unless the trier of fact
85 determines that extenuating circumstances exist that would necessitate the testimony of the

86 children be heard and there is no other reasonable method to present their testimony.
87 (d) The court may inquire of the children and take into consideration the children's
88 desires regarding future custody or parent-time schedules, but the expressed desires are not
89 controlling and the court may determine the children's custody or parent-time otherwise. The
90 desires of a child 16 years of age or older shall be given added weight, but is not the single
91 controlling factor.
92 (e) If interviews with the children are conducted by the court pursuant to Subsection
93 (1)(d), they shall be conducted by the judge in camera. The prior consent of the parties may
94 be obtained but is not necessary if the court finds that an interview with the children is the
95 only method to ascertain the child's desires regarding custody.
96 (2) In awarding custody, the court shall consider, among other factors the court finds
97 relevant, which parent is most likely to act in the best interests of the child, including allowing
98 the child frequent and continuing contact with the noncustodial parent as the court finds
99 appropriate.
100 (3) If the court finds that one parent does not desire custody of the child, [or has
101 attempted to permanently relinquish custody to a third party, it] the court shall take that
102 evidence into consideration in determining whether to award custody to the other parent.
103 (4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against a
104 parent due to a disability, as defined in Section 57-21-2 , in awarding custody or determining
105 whether a substantial change has occurred for the purpose of modifying an award of custody.
106 (b) If a court takes a parent's disability into account in awarding custody or
107 determining whether a substantial change has occurred for the purpose of modifying an award
108 of custody, the parent with a disability may rebut any evidence, presumption, or inference
109 arising from the disability by showing that:
110 (i) the disability does not significantly or substantially inhibit the parent's ability to
111 provide for the physical and emotional needs of the child at issue; or
112 (ii) the parent with a disability has sufficient human, monetary, or other resources
113 available to supplement the parent's ability to provide for the physical and emotional needs of

114 the child at issue.
115 (c) Nothing in this section may be construed to apply to adoption proceedings under
116 Title 78B, Chapter 6, Part 1, Utah Adoption Act.
117 (5) This section establishes neither a preference nor a presumption for or against joint
118 legal custody, joint physical custody or sole custody, but allows the court and the family the
119 widest discretion to choose a parenting plan that is in the best interest of the child.
120 Section 2. Section 62A-4a-205.5 is amended to read:
121 62A-4a-205.5. Prohibition of discrimination based on race, color, or ethnicity.
122 [With regard to children]
123 (1) As used in this section, "adoptable children" means children:
124 (a) who are in the custody of the division [who]; and
125 (b) (i) who have permanency goals of adoption; or
126 (ii) for whom a final plan for pursuing termination of parental rights has been
127 approved in accordance with Section 78A-6-314 [, the].
128 (2) Except as required under the Indian Child Welfare Act, 25 U.S.C. Secs.
129 1901-1963, the division may not base its decision for placement of [those] adoptable children
130 [solely] on the race, color, ethnicity, or [cultural heritage] national origin of either the child or
131 the prospective adoptive parents.
132 (3) The basis of a decision for placement of an adoptable child shall be the best
133 interest of the child.
134 Section 3. Section 78B-6-103 is amended to read:
135 78B-6-103. Definitions.
136 As used in this part:
137 (1) "Adoptee" means a person who has been legally adopted.
138 (2) "Adoption" means the judicial act [which] that:
139 (a) creates the relationship of parent and child where it did not previously exist [and
140 which permanently deprives a birth parent of parental rights.]; and
141 (b) except as provided in Subsection 78B-6-138 (2), terminates the parental rights of

142 any other person with respect to the child.
143 (3) "Adoption service provider" means a:
144 (a) child-placing agency; or
145 (b) licensed counselor who has at least one year of experience providing professional
146 social work services to:
147 (i) adoptive parents; or
148 (ii) birth parents.
149 (4) "Adult" means a person who is 18 years of age or older.
150 (5) "Adult adoptee" means an adoptee who is 18 years of age or older.
151 (6) "Adult sibling" means a brother or sister of the adoptee, who is 18 years of age or
152 older and whose birth mother or father is the same as that of the adoptee.
153 (7) "Birth parent" means:
154 (a) a biological mother[,];
155 (b) a person whose paternity of a child is established[,]; or
156 (c) an alleged father[,] who:
157 (i) has been identified as the father of a child by the child's birth mother[, and who];
158 and
159 (ii) has not denied paternity.
160 (8) "Bureau" means the Bureau of Vital Statistics within the Department of Health
161 operating under Title 26, Chapter 2, Utah Vital Statistics Act.
162 (9) "Child-placing agency" means an agency licensed to place children for adoption
163 under Title 62A, Chapter 4a, Part 6, Child Placing.
164 (10) "Cohabiting" means residing with another person and being involved in a sexual
165 relationship with that person.
166 (11) "Division" means the Division of Child and Family Services, within the
167 Department of Human Services, created in Section 62A-4a-103 .
168 (12) "Extra-jurisdictional child-placing agency" means an agency licensed to place
169 children for adoption by a district, territory, or state of the United States, other than Utah.

170 (13) "Genetic and social history" means a comprehensive report, when obtainable, on
171 an adoptee's birth parents, aunts, uncles, and grandparents, which contains the following
172 information:
173 (a) medical history;
174 (b) health status;
175 (c) cause of and age at death;
176 (d) height, weight, and eye and hair color;
177 (e) ethnic origins;
178 (f) where appropriate, levels of education and professional achievement; and
179 (g) religion, if any.
180 (14) "Health history" means a comprehensive report of the adoptee's health status at
181 the time of placement for adoption, and medical history, including neonatal, psychological,
182 physiological, and medical care history.
183 (15) "Identifying information" means the name and address of a [birth] pre-existing
184 parent or adult adoptee, or other specific information which by itself or in reasonable
185 conjunction with other information may be used to identify that person.
186 (16) "Licensed counselor" means a person who is licensed by the state, or another
187 state, district, or territory of the United States as a:
188 (a) certified social worker;
189 (b) clinical social worker;
190 (c) psychologist;
191 (d) marriage and family therapist;
192 (e) professional counselor; or
193 (f) an equivalent licensed professional of another state, district, or territory of the
194 United States.
195 (17) "Parent," for purposes of Section 78B-6-119 , means any person described in
196 Subsections 78B-6-120 (1)(b) through (f) from whom consent for adoption or relinquishment
197 for adoption is required under Sections 78B-6-120 through 78B-6-122 .

198 (18) "Pre-existing parent" means:
199 (a) a birth parent; or
200 (b) a person who, before an adoption decree is entered, is, due to an earlier adoption
201 decree, legally the parent of the child being adopted.
202 [(18)] (19) "Unmarried biological father" means a person who:
203 (a) is the biological father of a child; and
204 (b) was not married to the biological mother of the child described in Subsection
205 [(18)] (19)(a) at the time of the child's:
206 (i) conception; or
207 (ii) birth.
208 Section 4. Section 78B-6-104 is amended to read:
209 78B-6-104. Limitations.
210 (1) Sections 78B-6-143 through 78B-6-145 do not apply to adoptions by a stepparent
211 whose spouse is the adoptee's [birth] parent.
212 (2) Sections 78B-6-143 through 78B-6-145 apply only to adoptions of adoptees born
213 in this state.
214 Section 5. Section 78B-6-105 is amended to read:
215 78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction
216 over nonresidents -- Time for filing.
217 (1) Adoption proceedings shall be commenced by filing a petition with the clerk of the
218 district court either:
219 (a) in the district where the person adopting resides;
220 (b) if the person adopting is not a resident of this state, in the district where:
221 (i) the proposed adoptee was born;
222 (ii) the proposed adoptee resides on the day on which the petition is filed; or
223 (iii) a parent of the proposed adoptee resides on the day on which the petition is filed;
224 or
225 (c) with the juvenile court as provided in Subsection 78A-6-103 (1).

226 (2) All orders, decrees, agreements, and notices in the proceedings shall be filed with
227 the clerk of the court where the adoption proceedings were commenced under Subsection (1).
228 (3) A petition for adoption:
229 (a) may be filed before or after the adoptee is placed in the home of the petitioner for
230 the purpose of adoption; and
231 (b) shall be filed [within 30 days of the date] no later than 30 days after the day on
232 which the adoptee is placed in the home of the petitioners for the purpose of adoption, unless:
233 [(a)] (i) the time for filing has been extended by the court; or
234 [(b)] (ii) the adoption is arranged by a child-placing agency in which case the agency
235 may extend the filing time.
236 (4) (a) If a person whose consent for the adoption is required under Section 78B-6-120
237 or 78B-6-121 cannot be found within the state, the fact of the minor's presence within the state
238 shall confer jurisdiction on the court in proceedings under this chapter as to such absent
239 person, provided that due notice has been given in accordance with the Utah Rules of Civil
240 Procedure.
241 (b) The notice may not include the name of:
242 (i) the person or persons seeking to adopt the adoptee; or
243 (ii) an unmarried mother without her consent.
244 (5) Service of notice as provided in Subsection (6) shall vest the court with
245 jurisdiction over the person served in the same manner and to the same extent as if the person
246 served was served personally within the state.
247 (6) In the case of service outside the state, service completed not less than five days
248 before the time set in the notice for appearance of the person served, shall be sufficient to
249 confer jurisdiction.
250 (7) Computation of periods of time not otherwise set forth in this section shall be
251 made in accordance with the Utah Rules of Civil Procedure.
252 Section 6. Section 78B-6-109 is amended to read:
253 78B-6-109. Determination of rights prior to adoption petition.

254 (1) (a) Any interested person may petition a court having jurisdiction over adoption
255 proceedings for a determination of the rights and interests of any person who may claim an
256 interest in a child under this [chapter, at any time prior to] part.
257 (b) The petition described in Subsection (1) may be filed at any time before the
258 finalization of the adoption, including [any time prior to] before:
259 (i) the child's birth[.];
260 (ii) a petition for adoption is filed; or
261 (iii) a petition to terminate parental rights is filed.
262 (2) If a petition for adoption or a petition to terminate parental rights has been filed in
263 district court, the petitioner or any interested person may, without filing a separate petition,
264 move the court for a determination of the rights and interests of any person who may claim an
265 interest in a child under this part.
266 Section 7. Section 78B-6-110 is amended to read:
267 78B-6-110. Notice of adoption proceedings.
268 (1) (a) An unmarried biological father, by virtue of the fact that he has engaged in a
269 sexual relationship with a woman:
270 (i) is considered to be on notice that a pregnancy and an adoption proceeding
271 regarding the child may occur; and
272 (ii) has a duty to protect his own rights and interests.
273 (b) An unmarried biological father is entitled to actual notice of a birth or an adoption
274 proceeding with regard to his child only as provided in this section.
275 (2) Notice of an adoption proceeding shall be served on each of the following persons:
276 (a) any person or agency whose consent or relinquishment is required under Section
277 78B-6-120 or 78B-6-121 , unless that right has been terminated by:
278 (i) waiver;
279 (ii) relinquishment;
280 (iii) consent; or
281 (iv) judicial action;

282 (b) any person who has initiated a paternity proceeding and filed notice of that action
283 with the state registrar of vital statistics within the Department of Health, in accordance with
284 Subsection (3);
285 (c) any legally appointed custodian or guardian of the adoptee;
286 (d) the petitioner's spouse, if any, only if the petitioner's spouse has not joined in the
287 petition;
288 (e) the adoptee's spouse, if any;
289 (f) any person who, prior to the time the mother executes her consent for adoption or
290 relinquishes the child for adoption, is recorded on the birth certificate as the child's father,
291 with the knowledge and consent of the mother;
292 (g) a person who is:
293 (i) openly living in the same household with the child at the time the consent is
294 executed or relinquishment made; and
295 (ii) holding himself out to be the child's father; and
296 (h) any person who is married to the child's mother at the time she executes her
297 consent to the adoption or relinquishes the child for adoption.
298 (3) (a) In order to preserve any right to notice, an unmarried, biological father may,
299 consistent with Subsection (3)(d):
300 (i) initiate proceedings in a district court of the state of Utah to establish paternity
301 under Title 78B, Chapter 15, Utah Uniform Parentage Act; and
302 (ii) file a notice of commencement of the proceedings described in Subsection (3)(a)(i)
303 with the state registrar of vital statistics within the Department of Health.
304 (b) If the unmarried, biological father does not know the county in which the birth
305 mother resides, he may initiate his action in any county, subject to a change in trial pursuant to
306 Section 78B-3-307 .
307 (c) The Department of Health shall provide forms for the purpose of filing the notice
308 described in Subsection (3)(a)(ii), and make those forms available in the office of the county
309 health department in each county.

310 (d) The action and notice described in Subsection (3)(a):
311 (i) may be filed before or after the child's birth; and
312 (ii) shall be filed prior to the mother's:
313 (A) execution of consent to adoption of the child; or
314 (B) relinquishment of the child for adoption.
315 (4) Notice provided in accordance with this section need not disclose the name of the
316 mother of the child who is the subject of an adoption proceeding.
317 (5) The notice required by this section:
318 (a) may be served at any time after the petition for adoption is filed;
319 (b) shall be served at least 30 days prior to the final dispositional hearing;
320 (c) shall specifically state that the person served must respond to the petition within 30
321 days of service if he intends to intervene in or contest the adoption;
322 (d) shall state the consequences, described in Subsection (6)(b), for failure of a person
323 to file a motion for relief within 30 days after the day on which the person is served with
324 notice of an adoption proceeding;
325 (e) is not required to include, nor be accompanied by, a summons or a copy of the
326 petition for adoption; and
327 (f) shall state where the person may obtain a copy of the petition for adoption.
328 (6) (a) A person who has been served with notice of an adoption proceeding and who
329 wishes to contest the adoption shall file a motion to intervene in the adoption proceeding:
330 (i) within 30 days after the day on which the person was served with notice of the
331 adoption proceeding;
332 (ii) setting forth specific relief sought; and
333 (iii) accompanied by a memorandum specifying the factual and legal grounds upon
334 which the motion is based.
335 (b) A person who fails to [file a motion for relief] fully and strictly comply with all of
336 the requirements described in Subsection (6)(a) within 30 days after the day on which the
337 person was served with notice of the adoption proceeding:

338 (i) waives any right to further notice in connection with the adoption;
339 (ii) forfeits all rights in relation to the adoptee; and
340 (iii) is barred from thereafter bringing or maintaining any action to assert any interest
341 in the adoptee.
342 (7) Service of notice under this section shall be made as follows:
343 (a) (i) Subject to Subsection (5)(e), service on a person whose consent is necessary
344 under Section 78B-6-120 or 78B-6-121 shall be in accordance with the provisions of the Utah
345 Rules of Civil Procedure.
346 (ii) If service of a person described in Subsection (7)(a)(i) is by publication, the court
347 shall designate the content of the notice regarding the identity of the parties.
348 (iii) The notice described in this Subsection (7)(a) may not include the name of a
349 person seeking to adopt the adoptee.
350 (b) (i) Except as provided in Subsection (7)(b)(ii) to any other person for whom notice
351 is required under this section, service by certified mail, return receipt requested, is sufficient.
352 (ii) If the service described in Subsection (7)(b)(i) cannot be completed after two
353 attempts, the court may issue an order providing for service by publication, posting, or by any
354 other manner of service.
355 (c) Notice to a person who has initiated a paternity proceeding and filed notice of that
356 action with the state registrar of vital statistics in the Department of Health in accordance with
357 the requirements of Subsection (3), shall be served by certified mail, return receipt requested,
358 at the last address filed with the registrar.
359 (8) The notice required by this section may be waived in writing by the person entitled
360 to receive notice.
361 (9) Proof of service of notice on all persons for whom notice is required by this section
362 shall be filed with the court before the final dispositional hearing on the adoption.
363 (10) Notwithstanding any other provision of law, neither the notice of an adoption
364 proceeding nor any process in that proceeding is required to contain the name of the person or
365 persons seeking to adopt the adoptee.

366 (11) Except as to those persons whose consent to an adoption is required under
367 Section 78B-6-120 or 78B-6-121 , the sole purpose of notice under this section is to enable the
368 person served to:
369 (a) intervene in the adoption; and
370 (b) present evidence to the court relevant to the best interest of the child.
371 Section 8. Section 78B-6-112 is amended to read:
372 78B-6-112. District court jurisdiction over certain termination of parental rights
373 proceedings.
374 (1) A district court has jurisdiction to hear and decide a petition to terminate parental
375 rights in a child if the party who filed the petition is seeking to terminate parental rights in [a]
376 the child for the purpose of facilitating the adoption of the child.
377 (2) A petition to terminate parental rights under this section may be:
378 (a) [be] joined with a proceeding on an adoption petition; or
379 (b) [be] filed as a separate proceeding before or after a petition to adopt the child is
380 filed.
381 (3) A court may enter a final order terminating parental rights before a final decree of
382 adoption is entered.
383 (4) (a) Nothing in this section limits the jurisdiction of a juvenile court relating to
384 proceedings to terminate parental rights as described in Section 78A-6-103 .
385 (b) This section does not grant jurisdiction to a district court to terminate parental
386 rights in a child if the child is under the jurisdiction of the juvenile court in a pending abuse,
387 neglect, dependency, or termination of parental rights proceeding.
388 (5) The district court may terminate a person's parental rights in a child if:
389 (a) the person executes a voluntary consent to adoption, or relinquishment for
390 adoption, of the child, in accordance with:
391 (i) the requirements of this chapter; or
392 (ii) the laws of another state or country, if the consent is valid and irrevocable;
393 (b) the person is an unmarried biological father who is not entitled to consent to

394 adoption, or relinquishment for adoption, under Section 78B-6-120 or 78B-6-121 ;
395 (c) the person:
396 (i) received notice of the adoption proceeding relating to the child under Section
397 78B-6-110 ; and
398 (ii) failed to file a motion for relief, under Subsection 78B-6-110 (6), within 30 days
399 after the day on which the person was served with notice of the adoption proceeding;
400 (d) the court finds, under Section 78B-15-607 , that the person is not a parent of the
401 child; or
402 (e) the person's parental rights are terminated on grounds described in Title 78A,
403 Chapter 6, Part 5, Termination of Parental Rights Act.
404 Section 9. Section 78B-6-113 is amended to read:
405 78B-6-113. Prospective parent not a resident -- Preplacement requirements.
406 (1) When an adoption petition is to be finalized in this state with regard to any
407 prospective adoptive parent who is not a resident of this state at the time a child is placed in
408 that person's home, the potential adoptive parent shall:
409 (a) comply with the provisions of Sections 78B-6-128 and 78B-6-130 ; and
410 (b) (i) if the child is in state custody[,]:
411 (A) submit fingerprints for a Federal Bureau of Investigation national criminal history
412 record check through the Criminal and Technical Services Division of the Department of
413 Public Safety in accordance with the provisions of Section 62A-2-120 ; or
414 (B) submit to a fingerprint based Federal Bureau of Investigation national criminal
415 history record check through a law enforcement agency in another state, district, or territory of
416 the United States; or
417 (ii) subject to Subsection (2), if the child is not in state custody:
418 (A) submit fingerprints for a Federal Bureau of Investigation national criminal history
419 records check as a personal records check; or
420 (B) complete a criminal records check and child abuse database check for each state
421 and, if available, country, where the potential adoptive parent resided during the five years

422 immediately preceding the day on which the adoption petition is to be finalized.
423 (2) For purposes of Subsection (1)(b)(ii):
424 (a) if the adoption is being handled by a human services program, as defined in
425 Section 62A-2-101 :
426 (i) the criminal history check described in Subsection (1)(b)(ii)(A) shall be submitted
427 in accordance with procedures established by the Criminal Investigations and Technical
428 Services Division of the Department of Public Safety; and
429 (ii) subject to Subsection (3), the criminal history check described in Subsection
430 (1)(b)(ii)(B) shall be submitted in a manner acceptable to the court that will:
431 (A) preserve the chain of custody of the results; and
432 (B) not permit tampering with the results by a prospective adoptive parent or other
433 interested party; and
434 (b) if the adoption is being handled by a private attorney, and not a human services
435 program, the criminal history checks described in Subsection (1)(b)(ii), shall be:
436 (i) submitted in accordance with procedures established by the Criminal Investigations
437 and Technical Services Division of the Department of Public Safety; or
438 (ii) subject to Subsection (3), submitted in a manner acceptable to the court that will:
439 (A) preserve the chain of custody of the results; and
440 (B) not permit tampering with the results by a prospective adoptive parent or other
441 interested party.
442 (3) In order to comply with Subsection (2)(a)(ii) or (b)(ii), the manner in which the
443 criminal history check is submitted shall be approved by the court.
444 (4) Except as provided in Subsection 78B-6-131 (2), in addition to the other
445 requirements of this section, before a child in state custody is placed with a prospective foster
446 parent or a prospective adoptive parent, the Department of Human Services shall comply with
447 Section 78B-6-131 .
448 Section 10. Section 78B-6-122 is amended to read:
449 78B-6-122. Qualifying circumstance.

450 (1) (a) For purposes of this section, "qualifying circumstance" means that, at any point
451 during the time period beginning at the conception of the child and ending at the time the
452 mother executed a consent to adoption or relinquishment of the child for adoption:
453 (i) the child or the child's mother resided, on a permanent or temporary basis, in the
454 state;
455 (ii) the mother intended to give birth to the child in the state;
456 (iii) the child was born in the state; or
457 (iv) the mother intended to execute a consent to adoption or relinquishment of the
458 child for adoption:
459 (A) in the state; or
460 (B) under the laws of the state.
461 (b) For purposes of Subsection [(1)(c)(i), a court shall consider the totality of the
462 circumstances] (1)(c)(i)(C) only, when determining whether an unmarried biological father has
463 demonstrated a full commitment to his parental responsibilities, a court shall consider the
464 totality of the circumstances, including, if applicable:
465 (i) efforts he has taken to discover the location of the child or the child's mother;
466 (ii) whether he has expressed or demonstrated an interest in taking responsibility for
467 the child;
468 (iii) whether, and to what extent, he has developed, or attempted to develop, a
469 relationship with the child;
470 (iv) whether he offered to provide and, if the offer was accepted, did provide, financial
471 support for the child or the child's mother;
472 (v) whether, and to what extent, he has communicated, or attempted to communicate,
473 with the child or the child's mother;
474 (vi) whether he has filed legal proceedings to establish his paternity of, and take
475 responsibility for, the child;
476 (vii) whether he has filed a notice with a public official or agency relating to:
477 (A) his paternity of the child; or

478 (B) legal proceedings to establish his paternity of the child; or
479 (viii) other evidence that demonstrates that he has demonstrated a full commitment to
480 his parental responsibilities.
481 (c) Notwithstanding the provisions of Section 78B-6-121 , the consent of an unmarried
482 biological father is required with respect to an adoptee who is under the age of 18 if:
483 (i) (A) the unmarried biological father did not know, and through the exercise of
484 reasonable diligence could not have known, before the time the mother executed a consent to
485 adoption or relinquishment of the child for adoption, that a qualifying circumstance existed;
486 (B) before the mother executed a consent to adoption or relinquishment of the child
487 for adoption, the unmarried biological father fully complied with the requirements to establish
488 parental rights in the child, and to preserve the right to notice of a proceeding in connection
489 with the adoption of the child, imposed by:
490 (I) the last state where the unmarried biological father knew, or through the exercise of
491 reasonable diligence should have known, that the mother resided in before the mother
492 executed the consent to adoption or relinquishment of the child for adoption; or
493 (II) the state where the child was conceived; and
494 (C) the unmarried biological father has demonstrated, based on the totality of the
495 circumstances, a full commitment to his parental responsibilities, as described in Subsection
496 (1)(b); or
497 (ii) (A) the unmarried biological father knew, or through the exercise of reasonable
498 diligence should have known, before the time the mother executed a consent to adoption or
499 relinquishment of the child for adoption, that a qualifying circumstance existed; and
500 (B) the unmarried biological father complied with the requirements of Section
501 78B-6-121 before the later of:
502 (I) 20 days after the day that the unmarried biological father knew, or through the
503 exercise of reasonable diligence should have known, that a qualifying circumstance existed; or
504 (II) the time that the mother executed a consent to adoption or relinquishment of the
505 child for adoption.

506 (2) An unmarried biological father who does not fully and strictly comply with the
507 requirements of Section 78B-6-121 and this section is considered to have waived and
508 surrendered any right in relation to the child, including the right to:
509 (a) notice of any judicial proceeding in connection with the adoption of the child; and
510 (b) consent, or refuse to consent, to the adoption of the child.
511 Section 11. Section 78B-6-122.5 is enacted to read:
512 78B-6-122.5. Effect of out-of-state paternity adjudication, declaration, or
513 acknowledgment.
514 Unless a person who is an unmarried biological father has fully and strictly complied
515 with the requirements of Sections 78B-6-120 through 78B-6-122 , an out-of-state order that
516 adjudicates paternity, or an out-of-state declaration or acknowledgment of paternity:
517 (1) only has the effect of establishing that the person is an unmarried biological father
518 of the child to whom the order, declaration, or acknowledgment relates; and
519 (2) does not entitle the person to:
520 (a) notice of any judicial proceeding related to the adoption of the child;
521 (b) the right to consent, or refuse to consent, to the adoption of the child; or
522 (c) the right to custody of, control over, or visitation with the child.
523 Section 12. Section 78B-6-128 is amended to read:
524 78B-6-128. Preplacement adoptive evaluations -- Exceptions.
525 (1) (a) Except as otherwise provided in this section, a child may not be placed in an
526 adoptive home until a preplacement adoptive evaluation, assessing the prospective adoptive
527 parent and the prospective adoptive home, has been conducted in accordance with the
528 requirements of this section.
529 (b) Except as provided in Section 78B-6-131 , the court may, at any time, authorize
530 temporary placement of a child in a potential adoptive home pending completion of a
531 preplacement adoptive evaluation described in this section.
532 (c) Subsection (1)(a) does not apply if a birth parent has legal custody of the child to
533 be adopted and the prospective adoptive parent is related to that child as a step-parent, sibling

534 by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin, unless the
535 evaluation is otherwise requested by the court. The prospective adoptive parent described in
536 this Subsection (1)(c) shall[, however,] obtain the information described in Subsections (2)(a)
537 and (b), and file that documentation with the court prior to finalization of the adoption.
538 (d) The required preplacement adoptive evaluation must be completed or updated
539 within the 12-month period immediately preceding the placement of a child with the
540 prospective adoptive parent. If the prospective adoptive parent has previously received
541 custody of a child for the purpose of adoption, the preplacement adoptive evaluation must be
542 completed or updated within the 12-month period immediately preceding the placement of a
543 child with the prospective adoptive parent and after the placement of the previous child with
544 the prospective adoptive parent.
545 (2) The preplacement adoptive evaluation shall include:
546 (a) criminal history record information regarding each prospective adoptive parent and
547 any other adult living in the prospective home, prepared [by a law enforcement agency based
548 on a fingerprint criminal history check,] no earlier than 18 months immediately preceding
549 placement of the child[;] in accordance with the following:
550 (i) if the child is in state custody, each prospective adoptive parent and any other adult
551 living in the prospective home shall:
552 (A) submit fingerprints for a Federal Bureau of Investigation national criminal history
553 record check through the Criminal and Technical Services Division of the Department of
554 Public Safety in accordance with the provisions of Section 62A-2-120 ; or
555 (B) submit to a fingerprint based Federal Bureau of Investigation national criminal
556 history record check through a law enforcement agency in another state, district, or territory of
557 the United States; or
558 (ii) subject to Subsection (3), if the child is not in state custody, each prospective
559 adoptive parent and any other adult living in the prospective home shall:
560 (A) submit fingerprints for a Federal Bureau of Investigation national criminal history
561 records check as a personal records check; or

562 (B) complete a criminal records check, if available, for each state and country where
563 the potential adoptive parent and any adult living in the prospective adoptive home resided
564 during the five years immediately preceding the day on which the adoption petition is to be
565 finalized;
566 (b) a report [prepared by the Department of Human Services] containing all
567 information regarding reports and [investigation] investigations of child abuse, neglect, and
568 dependency, with respect to each prospective adoptive parent and any other adult living in the
569 prospective home, obtained no earlier than 18 months immediately preceding [placement of
570 the child] the day on which the child is placed in the prospective home, pursuant to waivers
571 executed by [those parties;] each prospective adoptive parent and any other adult living in the
572 prospective home, that:
573 (i) if the prospective adoptive parent or the adult living in the prospective adoptive
574 parent's home is a resident of Utah, is prepared by the Department of Human Services from the
575 records of the Department of Human Services; or
576 (ii) if the prospective adoptive parent or the adult living in the prospective adoptive
577 parent's home is not a resident of Utah, prepared by the Department of Human Services, or a
578 similar agency in another state, district, or territory of the United States, where each
579 prospective adoptive parent and any other adult living in the prospective home resided in the
580 five years immediately preceding the day on which the child is placed in the prospective
581 adoptive home;
582 (c) in accordance with Subsection (6), an evaluation conducted by:
583 (i) an expert in family relations approved by the court [or];
584 (ii) a certified social worker[,];
585 (iii) a clinical social worker[,];
586 (iv) a marriage and family therapist[,];
587 (v) a psychologist[,]; or
588 (vi) a professional counselor[, or other court-determined expert in family relations,
589 who is licensed to practice under the laws of this state or under the laws of the state where the

590 prospective adoptive parent or other person living in the prospective adoptive home resides.
591 The evaluation shall be in a form approved by the Department of Human Services. Neither the
592 Department of Human Services nor any of its divisions may proscribe who qualifies as an
593 expert in family relations or who may conduct evaluations pursuant to this Subsection (2)];
594 and
595 (d) in accordance with Subsection (7), if the child to be adopted is a child who is in
596 the custody of any public child welfare agency, and is a child who has a special need as
597 defined in Section 62A-4a-902 , the preplacement evaluation [must] shall be conducted by the
598 Department of Human Services or a child-placing agency [which] that has entered into a
599 contract with the department to conduct the preplacement evaluations for children with special
600 needs. [Any fee assessed by the evaluating agency is the responsibility of the adopting parent
601 or parents.]
602 (3) For purposes of Subsection (2)(a)(ii):
603 (a) if the adoption is being handled by a human services program, as defined in
604 Section 62A-2-101 :
605 (i) the criminal history check described in Subsection (2)(a)(ii)(A) shall be submitted
606 through the Criminal Investigations and Technical Services Division of the Department of
607 Public Safety, in accordance with the provisions of Section 62A-2-120 ; and
608 (ii) subject to Subsection (4), the criminal history check described in Subsection
609 (2)(a)(ii)(B) shall be submitted in a manner acceptable to the court that will:
610 (A) preserve the chain of custody of the results; and
611 (B) not permit tampering with the results by a prospective adoptive parent or other
612 interested party; and
613 (b) if the adoption is being handled by a private attorney, and not a human services
614 program, the criminal history checks described in Subsection (2)(a)(ii) shall be:
615 (i) submitted in accordance with procedures established by the Criminal Investigations
616 and Technical Services Division of the Department of Public Safety; or
617 (ii) subject to Subsection (4), submitted in a manner acceptable to the court that will:

618 (A) preserve the chain of custody of the results; and
619 (B) not permit tampering with the results by a prospective adoptive parent or other
620 interested party.
621 (4) In order to comply with Subsection (3)(a)(ii) or (b)(ii), the manner in which the
622 criminal history check is submitted shall be approved by the court.
623 (5) Except as provided in Subsection 78B-6-131 (2), in addition to the other
624 requirements of this section, before a child in state custody is placed with a prospective foster
625 parent or a prospective adoptive parent, the Department of Human Services shall comply with
626 Section 78B-6-131 .
627 (6) (a) A person described in Subsection (2)(c) shall be licensed to practice under the
628 laws of:
629 (i) this state; or
630 (ii) the state, district, or territory of the United States where the prospective adoptive
631 parent or other person living in the prospective adoptive home resides.
632 (b) The evaluation described in Subsection (2)(c) shall be in a form approved by the
633 Department of Human Services.
634 (c) Neither the Department of Human Services nor any of its divisions may proscribe
635 who qualifies as an expert in family relations or who may conduct evaluations under
636 Subsection (2)(c).
637 (7) Any fee assessed by the evaluating agency described in Subsection (2)(d) is the
638 responsibility of the adopting parent or parents.
639 [(3)] (8) The person or agency conducting the preplacement adoptive evaluation shall,
640 in connection with the evaluation, provide the prospective adoptive parent or parents with
641 literature approved by the Division of Child and Family Services relating to adoption, [and]
642 including information relating to:
643 (a) the adoption process[,];
644 (b) developmental issues that may require early intervention[,]; and
645 (c) community resources that are available to the adoptive parent or parents.

646 [(4)] (9) A copy of the preplacement adoptive evaluation shall be filed with the court.
647 Section 13. Section 78B-6-129 is amended to read:
648 78B-6-129. Postplacement adoptive evaluations.
649 (1) Except as provided in Subsections (2) and (3), a postplacement evaluation shall be
650 conducted and submitted to the court prior to the final hearing in an adoption proceeding. The
651 postplacement evaluation shall include:
652 (a) verification of the allegations of fact contained in the petition for adoption;
653 (b) an evaluation of the progress of the child's placement in the adoptive home; and
654 (c) a recommendation regarding whether the adoption is in the best interest of the
655 child.
656 (2) The exemptions from and requirements for evaluations, described in Subsections
657 78B-6-128 (1)(c), (2)(c), (6), and [(3)] (8), also apply to postplacement adoptive evaluations.
658 (3) Upon the request of the petitioner, the court may waive the postplacement adoptive
659 evaluation, unless it determines that it is in the best interest of the child to require the
660 postplacement evaluation. Except where the child to be adopted and the prospective parent
661 are related as set forth in Subsection 78B-6-128 (1)(c), the court may waive the postplacement
662 adoptive evaluation for a child who has a special need as defined in Section 62A-4a-902 .
663 Section 14. Section 78B-6-133 is amended to read:
664 78B-6-133. Contested adoptions -- Rights of parties -- Determination of custody.
665 (1) If a person whose consent for an adoption is required pursuant to Subsection
666 78B-6-120 (1)(b), (c), (d), (e), or (f) refused to consent, the court shall determine whether
667 proper grounds exist for the termination of that person's rights pursuant to the provisions of
668 this chapter or Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act.
669 (2) (a) If there are proper grounds to terminate the person's parental rights, the court
670 shall order that the person's rights be terminated.
671 (b) If there are not proper grounds to terminate the person's parental rights, the court
672 shall:
673 (i) dismiss the adoption petition;

674 (ii) conduct an evidentiary hearing to determine who should have custody of the child;
675 and
676 (iii) award custody of the child in accordance with the child's best interest.
677 (3) Evidence considered at the custody hearing may include:
678 (a) evidence of psychological or emotional bonds that the child has formed with a
679 third person, including the prospective adoptive parent; and
680 (b) any detriment that a change in custody may cause the child.
681 (4) [The] If the court dismisses the adoption petition, the fact that a person
682 relinquished a child for adoption or consented to the adoption may not be considered as
683 evidence in a custody proceeding described in this section, or in any subsequent custody
684 proceeding, that it is not in the child's best interest for custody to be awarded to such person or
685 that:
686 (a) the person is unfit or incompetent to be a parent;
687 (b) the person has neglected or abandoned the child; [or]
688 (c) the person is not interested in having custody of the child[.]; or
689 (d) the person has forfeited the person's parental presumption.
690 (5) Any custody order entered pursuant to this section may also:
691 (a) include provisions for:
692 (i) parent-time [by a biological parent]; or
693 (ii) visitation by an interested third party; and
694 (b) provide for the financial support of the child.
695 (6) (a) If a person or entity whose consent is required for an adoption under Subsection
696 78B-6-120 (1)(a) or (g) refuses to consent, the court shall proceed with an evidentiary hearing
697 and award custody as set forth in Subsection (2).
698 (b) The court may also finalize the adoption if doing so is in the best interest of the
699 child.
700 (7) (a) A person may not contest an adoption after the final decree of adoption is
701 entered, if that person:

702 (i) was a party to the adoption proceeding;
703 (ii) was served with notice of the adoption proceeding; or
704 (iii) executed a consent to the adoption or relinquishment for adoption.
705 (b) No person may contest an adoption after one year from the day on which the final
706 decree of adoption is entered.
707 (c) The limitations on contesting an adoption action, described in this Subsection (7),
708 apply to all attempts to contest an adoption:
709 (i) regardless of whether the adoption is contested directly or collaterally; and
710 (ii) regardless of the basis for contesting the adoption, including claims of fraud,
711 duress, undue influence, lack of capacity or competency, mistake of law or fact, or lack of
712 jurisdiction.
713 (d) The limitations on contesting an adoption action, described in this Subsection (7),
714 do not prohibit a timely appeal of:
715 (i) a final decree of adoption; or
716 (ii) a decision in an action challenging an adoption, if the action was brought within
717 the time limitations described in Subsections (7)(a) and (b).
718 Section 15. Section 78B-6-135 is amended to read:
719 78B-6-135. Division of Child and Family Services -- Duties -- Report -- Fee.
720 (1) At the request of the court, the division, through its field agents, persons licensed
721 by the division for the care and placement of children, or through the probation officer of the
722 juvenile court or court of like jurisdiction of the county, under the division's supervision, shall:
723 (a) verify the allegations of the petition for adoption of a minor child;
724 (b) make a thorough investigation of the matter; and
725 (c) report the division's findings in writing to the court.
726 (2) (a) When the court requests an investigation under Subsection (1), the court shall
727 serve a copy of the petition, together with a statement containing the names and addresses of
728 the child and petitioners, on the division by certified mail.
729 (b) The division, or the person appointed by the division, shall complete the

730 investigation described in Subsection (2)(a) and submit a written report to the court within 60
731 days after the day that the petition is served on the division.
732 (3) (a) The division shall charge the petitioner a reasonable fee for the services
733 provided under this section.
734 (b) Fees collected shall be deposited in the General Fund.
735 (4) The written report submitted to the court under this section shall state:
736 (a) why the birth parents, if living, desire to be released from the care, support, and
737 guardianship of the child;
738 (b) whether the birth parents have abandoned the child or are morally unfit for
739 custody;
740 (c) whether the proposed adoptive parent or parents are financially able and morally fit
741 to have the care, supervision, and training of the child;
742 (d) the physical and mental condition of the child, so far as that may be determined;
743 and
744 (e) any other facts and circumstances pertaining to the child and the child's welfare.
745 (5) (a) The court shall conduct a full hearing on the petition for adoption and examine
746 the parties in interest under oath.
747 (b) The court may adjourn the hearing from time to time as the nature of the case
748 requires.
749 (6) If the report submitted by the division under Subsection (2) disapproves of the
750 adoption of the child by the petitioner, the court may dismiss the petition.
751 [(7) (a) Except as provided in Subsection (7)(b), a final decree of adoption may not be
752 entered until the child has lived in the home of the adoptive parent or parents for six months,
753 unless, based on a finding of good cause, the court orders that the final decree of adoption may
754 be entered at an earlier time.]
755 [(b) If the adoptive parent is the spouse of the birth parent, a final decree of adoption
756 may not be entered until the child has lived in the home of that adoptive parent for one year,
757 unless, based on a finding of good cause, the court orders that the final decree of adoption may

758 be entered at an earlier time.]
759 [(c) In the event the child dies during the time that the child is placed in the home of
760 an adoptive parent or parents for the purpose of adoption, the court has authority to enter a
761 final decree of adoption after the child's death upon the request of the adoptive parents.]
762 [(d) The court may enter a final decree of adoption declaring that a child is adopted by
763 both a deceased and a surviving adoptive parent if, after the child is placed in the home of the
764 child's adoptive parents:]
765 [(i) one of the adoptive parents dies;]
766 [(ii) the surviving adoptive parent requests that the court enter the decree; and]
767 [(iii) the decree is entered after the child has lived in the home of the surviving
768 adoptive parent for at least six months.]
769 [(e) Upon request of a surviving birth parent, or a surviving parent for whom adoption
770 of a child has been finalized, the court may enter a final decree of adoption declaring that a
771 child is adopted by a deceased adoptive parent who was the spouse of the surviving parent at
772 the time of the adoptive parent's death.]
773 [(f) The court may enter a final decree of adoption declaring that a child is adopted by
774 both deceased adoptive parents if:]
775 [(i) both of the adoptive parents die after the child is placed in the adoptive parent's
776 home; and]
777 [(ii) it is in the best interests of the child to enter the decree.]
778 [(8) Nothing in this section shall be construed to grant any rights to the birth parents
779 of a child to assert any interest in the child during the six-month or one-year periods described
780 in this section.]
781 Section 16. Section 78B-6-136.5 is enacted to read:
782 78B-6-136.5. Timing of entry of final decree of adoption -- Posthumous adoption.
783 (1) Except as provided in Subsection (2), a final decree of adoption may not be
784 entered until the child has lived in the home of the adoptive parent or parents for six months,
785 unless, based on a finding of good cause, the court orders that the final decree of adoption may

786 be entered at an earlier time.
787 (2) If the adoptive parent is the spouse of the birth parent, a final decree of adoption
788 may not be entered until the child has lived in the home of that adoptive parent for one year,
789 unless, based on a finding of good cause, the court orders that the final decree of adoption may
790 be entered at an earlier time.
791 (3) If the child dies during the time that the child is placed in the home of an adoptive
792 parent or parents for the purpose of adoption, the court has authority to enter a final decree of
793 adoption after the child's death upon the request of the adoptive parents.
794 (4) The court may enter a final decree of adoption declaring that a child is adopted by
795 both a deceased and a surviving adoptive parent if, after the child is placed in the home of the
796 child's adoptive parents:
797 (a) one of the adoptive parents dies;
798 (b) the surviving adoptive parent requests that the court enter the decree; and
799 (c) the decree is entered after the child has lived in the home of the surviving adoptive
800 parent for at least six months.
801 (5) Upon request of a surviving birth parent, or a surviving parent for whom adoption
802 of a child has been finalized, the court may enter a final decree of adoption declaring that a
803 child is adopted by a deceased adoptive parent who was the spouse of the surviving parent at
804 the time of the adoptive parent's death.
805 (6) The court may enter a final decree of adoption declaring that a child is adopted by
806 both deceased adoptive parents if:
807 (a) both of the adoptive parents die after the child is placed in the adoptive parent's
808 home; and
809 (b) it is in the best interests of the child to enter the decree.
810 (7) Nothing in this section shall be construed to grant any rights to the pre-existing
811 parents of a child to assert any interest in the child during the six-month or one-year periods
812 described in this section.
813 Section 17. Section 78B-6-138 is amended to read:

814 78B-6-138. Pre-existing parent's rights and duties dissolved.
815 (1) A [biological] pre-existing parent of an adopted child is released from all parental
816 duties toward and all responsibilities for the adopted child, including residual rights, and has
817 no further rights with regard to that child at the earlier of:
818 (a) the time the pre-existing parent's parental rights are terminated; or
819 (b) except as provided in Subsection (2), and subject to Subsection (3), the time the
820 final decree of adoption is entered.
821 (2) The rights and duties of a [biological] pre-existing parent described in Subsection
822 (1) who, at the time the child is adopted, is lawfully married to the person adopting the child
823 are not released or terminated under Subsection (1)(b).
824 (3) The rights and duties of a [biological] pre-existing parent described in Subsection
825 (1) who, at the time the child is adopted, is not lawfully married to the person adopting the
826 child are terminated as provided in Subsection (1)(b).
827 Section 18. Section 78B-6-140 is amended to read:
828 78B-6-140. Itemization of fees and expenses.
829 (1) Except as provided in Subsection (4), prior to the date that a final decree of
830 adoption is entered, an affidavit regarding fees and expenses, signed by the adoptive parent or
831 parents and the person or agency placing the child, shall be filed with the court.
832 (2) The affidavit described in Subsection (1) shall itemize the following items in
833 connection with the adoption:
834 (a) all legal expenses, maternity expenses, medical or hospital expenses, and living
835 expenses that have been or will be paid to or on behalf of the [birth mother or biological
836 father] pre-existing parents of the child, including the source of payment;
837 (b) fees paid by the prospective adoptive parent or parents in connection with the
838 adoption;
839 (c) all gifts, property, or other items that have been or will be provided to the [birth
840 mother or biological father] pre-existing parents, including the source of the gifts, property, or
841 other items;

842 (d) all public funds used for any medical or hospital costs in connection with the:
843 (i) pregnancy;
844 (ii) delivery of the child; or
845 (iii) care of the child;
846 (e) the state of residence of the:
847 (i) birth mother or the pre-existing parents; and
848 (ii) prospective adoptive parent or parents;
849 (f) a description of services provided to the prospective adoptive [parent or] parents or
850 [biological] pre-existing parents in connection with the adoption; and
851 (g) that Section 76-7-203 has not been violated.
852 (3) A copy of the affidavit described in Subsection (1) shall be provided to the Office
853 of Licensing within the Department of Human Services.
854 (4) This section does not apply if the adoptive parent is the legal spouse of the birth
855 parent.
856 Section 19. Section 78B-15-104 is amended to read:
857 78B-15-104. Adjudication -- Jurisdiction.
858 (1) The district court, the juvenile court, and the Office of Recovery Services in
859 accordance with Section 62A-11-304.2 and Title 63G, Chapter 4, Administrative Procedures
860 Act, are authorized to adjudicate parentage under Parts 1 through 6, and Part 9 of this chapter.
861 (2) The district court and the juvenile court have jurisdiction over proceedings under
862 Parts 7 and 8.
863 (3) The court shall, without adjudicating paternity, dismiss a petition that is filed
864 under this chapter by an unmarried biological father if he is not entitled to consent to the
865 adoption of the child under Sections 78B-6-121 and 78B-6-122 .