This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 3, 2015 at 9:57 AM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill amends the Utah Adoption Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires an unmarried biological father to file a petition in district court for an order
13 establishing temporary child support before the unmarried biological father may
14 consent to the adoption of a child who is six months of age or less; and
15 ▸ creates a process for the juvenile court to consider multiple petitions for adoption.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 78B-6-121, as last amended by Laws of Utah 2013, Chapters 278 and 458
23 78B-6-132, as last amended by Laws of Utah 2012, Chapter 281
24 78B-6-133, as last amended by Laws of Utah 2010, Chapter 237
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78B-6-121 is amended to read:
28 78B-6-121. Consent of unmarried biological father.
29 (1) Except as provided in Subsections (2)(a) and 78B-6-122(1), and subject to
30 Subsections (5) and (6), with regard to a child who is placed with prospective adoptive parents
31 more than six months after birth, consent of an unmarried biological father is not required
32 unless the unmarried biological father:
33 (a) (i) developed a substantial relationship with the child by:
34 (A) visiting the child monthly, unless the unmarried biological father was physically or
35 financially unable to visit the child on a monthly basis; or
36 (B) engaging in regular communication with the child or with the person or authorized
37 agency that has lawful custody of the child;
38 (ii) took some measure of responsibility for the child and the child's future; and
39 (iii) demonstrated a full commitment to the responsibilities of parenthood by financial
40 support of the child of a fair and reasonable sum in accordance with the father's ability; or
41 (b) (i) openly lived with the child:
42 (A) (I) for a period of at least six months during the one-year period immediately
43 preceding the day on which the child is placed with prospective adoptive parents; or
44 (II) if the child is less than one year old, for a period of at least six months during the
45 period of time beginning on the day on which the child is born and ending on the day on which
46 the child is placed with prospective adoptive parents; and
47 (B) immediately preceding placement of the child with prospective adoptive parents;
48 and
49 (ii) openly held himself out to be the father of the child during the six-month period
50 described in Subsection (1)(b)(i)(A).
51 (2) (a) If an unmarried biological father was prevented from complying with a
52 requirement of Subsection (1) by the person or authorized agency having lawful custody of the
53 child, the unmarried biological father is not required to comply with that requirement.
54 (b) The subjective intent of an unmarried biological father, whether expressed or
55 otherwise, that is unsupported by evidence that the requirements in Subsection (1) have been
56 met, shall not preclude a determination that the father failed to meet the requirements of
57 Subsection (1).
58 (3) Except as provided in Subsections (6) and 78B-6-122(1), and subject to Subsection
59 (5), with regard to a child who is six months of age or less at the time the child is placed with
60 prospective adoptive parents, consent of an unmarried biological father is not required unless,
61 prior to the time the mother executes her consent for adoption or relinquishes the child for
62 adoption, the unmarried biological father:
63 (a) initiates proceedings in a district court of Utah to establish paternity under Title
64 78B, Chapter 15, Utah Uniform Parentage Act;
65 (b) files with the court that is presiding over the paternity proceeding a sworn affidavit:
66 (i) stating that he is fully able and willing to have full custody of the child;
67 (ii) setting forth his plans for care of the child; and
68 (iii) agreeing to a court order of child support and the payment of expenses incurred in
69 connection with the mother's pregnancy and the child's birth;
70 (c) files a petition in a district court of Utah for a temporary order to establish child
71 support in accordance with Title 78B, Chapter 12, Utah Child Support Act;
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73 proceedings, described in Subsection (3)(a), with the state registrar of vital statistics within the
74 Department of Health, in a confidential registry established by the department for that purpose;
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77 and reasonable amount of the expenses incurred in connection with the mother's pregnancy and
78 the child's birth, in accordance with his financial ability, unless:
79 (i) he did not have actual knowledge of the pregnancy;
80 (ii) he was prevented from paying the expenses by the person or authorized agency
81 having lawful custody of the child; or
82 (iii) the mother [
83 the expenses described in this Subsection (3)[
84 (4) The notice described in Subsection (3)[
85 the state registrar of vital statistics.
86 (5) Unless his ability to assert the right to consent has been lost for failure to comply
87 with Section 78B-6-110.1, or lost under another provision of Utah law, an unmarried biological
88 father shall have at least one business day after the child's birth to fully and strictly comply with
89 the requirements of Subsection (3).
90 (6) Consent of an unmarried biological father is not required under this section if:
91 (a) the court determines, in accordance with the requirements and procedures of Title
92 78A, Chapter 6, Part 5, Termination of Parental Rights Act, that the unmarried biological
93 father's rights should be terminated, based on the petition of any interested party;
94 (b) (i) a declaration of paternity declaring the unmarried biological father to be the
95 father of the child is rescinded under Section 78B-15-306; and
96 (ii) the unmarried biological father fails to comply with Subsection (3) within 10
97 business days after the day that notice of the rescission described in Subsection (6)(b)(i) is
98 mailed by the Office of Vital Records within the Department of Health as provided in Section
99 78B-15-306; or
100 (c) the unmarried biological father is notified under Section 78B-6-110.1 and fails to
101 preserve his rights in accordance with the requirements of that section.
102 (7) Unless the adoptee is conceived or born within a marriage, the petitioner in an
103 adoption proceeding shall, prior to entrance of a final decree of adoption, file with the court a
104 certificate from the state registrar of vital statistics within the Department of Health, stating:
105 (a) that a diligent search has been made of the registry of notices from unmarried
106 biological fathers described in Subsection (3)[
107 (b) (i) that no filing has been found pertaining to the father of the child in question; or
108 (ii) if a filing is found, the name of the putative father and the time and date of filing.
109 Section 2. Section 78B-6-132 is amended to read:
110 78B-6-132. Adoption by married couple.
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116 contrary to the public policy of placing an adoptable child with a married couple whenever
117 possible.
118 Section 3. Section 78B-6-133 is amended to read:
119 78B-6-133. Contested adoptions -- Rights of parties -- Determination of custody.
120 (1) If a person whose consent for an adoption is required pursuant to Subsection
121 78B-6-120(1)[
122 proper grounds exist for the termination of that person's rights pursuant to the provisions of this
123 chapter or Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act.
124 (2) (a) If there are proper grounds to terminate the person's parental rights, the court
125 shall order that the person's rights be terminated.
126 (b) If there are not proper grounds to terminate the person's parental rights, the court
127 shall:
128 (i) dismiss the adoption petition;
129 (ii) conduct an evidentiary hearing to determine who should have custody of the child;
130 and
131 (iii) award custody of the child in accordance with the child's best interest.
132 (3) Evidence considered at the custody hearing may include:
133 (a) evidence of psychological or emotional bonds that the child has formed with a third
134 person, including the prospective adoptive parent; and
135 (b) any detriment that a change in custody may cause the child.
136 (4) If the court dismisses the adoption petition, the fact that a person relinquished a
137 child for adoption or consented to the adoption may not be considered as evidence in a custody
138 proceeding described in this section, or in any subsequent custody proceeding, that it is not in
139 the child's best interest for custody to be awarded to such person or that:
140 (a) the person is unfit or incompetent to be a parent;
141 (b) the person has neglected or abandoned the child;
142 (c) the person is not interested in having custody of the child; or
143 (d) the person has forfeited the person's parental presumption.
144 (5) Any custody order entered pursuant to this section may also:
145 (a) include provisions for:
146 (i) parent-time; or
147 (ii) visitation by an interested third party; and
148 (b) provide for the financial support of the child.
149 (6) (a) If a person or entity whose consent is required for an adoption under Subsection
150 78B-6-120(1)[
151 and award custody as set forth in Subsection (2).
152 (b) The court may also finalize the adoption if doing so is in the best interest of the
153 child.
154 (7) (a) A person may not contest an adoption after the final decree of adoption is
155 entered, if that person:
156 (i) was a party to the adoption proceeding;
157 (ii) was served with notice of the adoption proceeding; or
158 (iii) executed a consent to the adoption or relinquishment for adoption.
159 (b) No person may contest an adoption after one year from the day on which the final
160 decree of adoption is entered.
161 (c) The limitations on contesting an adoption action, described in this Subsection (7),
162 apply to all attempts to contest an adoption:
163 (i) regardless of whether the adoption is contested directly or collaterally; and
164 (ii) regardless of the basis for contesting the adoption, including claims of fraud,
165 duress, undue influence, lack of capacity or competency, mistake of law or fact, or lack of
166 jurisdiction.
167 (d) The limitations on contesting an adoption action, described in this Subsection (7),
168 do not prohibit a timely appeal of:
169 (i) a final decree of adoption; or
170 (ii) a decision in an action challenging an adoption, if the action was brought within the
171 time limitations described in Subsections (7)(a) and (b).
172 (8) A juvenile court that has jurisdiction over a child for whom more than one petition
173 for adoption is filed shall grant a hearing only under the following circumstances:
174 (a) to a petitioner:
175 (i) with whom the child is placed;
176 (ii) who has custody or guardianship of the child; or
177 (iii) who has filed a written statement with the juvenile court within 120 days after the
178 day on which the shelter hearing is held:
179 (A) requesting immediate placement of the child with the petitioner; and
180 (B) expressing the petitioner's intention of adopting the child; or
181 (b) if the child:
182 (i) has been in the current placement for less than Ŝ→ [
182a which the
183 petitioner files the petition for adoption; or
184 (ii) is placed with or is in the custody or guardianship of an individual who previously
185 informed the division or the juvenile court that the individual is unwilling or unable to adopt
186 the child.
187 (9) (a) If the court grants a hearing on more than one petition for adoption, there is a
188 rebuttable presumption that it is in the best interest of the child to be placed for adoption with a
189 petitioner with whom the child has continuously resided for six months or more before the day
190 on which the petition was filed, if that petitioner has fulfilled the other requirements in Title
191 78B, Chapter 6, Part 1, Utah Adoption Act.
192 (b) The juvenile court may consider other factors relevant to the best interest of the
193 child to determine whether the presumption is rebutted.
194 (10) Nothing in this section shall be construed to prevent the division or the child's
195 guardian ad litem from appearing or participating in any proceeding for a petition for adoption.
196 (11) Neither the juvenile court nor the division is obligated to inform a petitioner of the
197 petitioner's rights or duties under this section.