Representative V. Lowry Snow proposes the following substitute bill:




Chief Sponsor: Todd Weiler

House Sponsor: V. Lowry Snow


8     General Description:
9          This bill amends the Utah Adoption Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions related to a birth mother's declaration regarding potential birth
13     fathers;
14          ▸     provides that any documents filed in connection with a petition for adoption are
15     sealed; and
16          ▸     provides that a child-placing agency may provide certain information, except
17     identifying information, to an adult adoptee.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          78B-6-110.5, as enacted by Laws of Utah 2014, Chapter 410
25          78B-6-141, as last amended by Laws of Utah 2015, Chapters 137 and 322

26          78B-6-143, as last amended by Laws of Utah 2012, Chapter 340

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 78B-6-110.5 is amended to read:
30          78B-6-110.5. Out-of-state birth mothers and adoptive parents -- Declaration
31     regarding potential birth fathers.
32          (1) (a) For a child who is six months of age or less at the time the child is placed with
33     prospective adoptive parents, the birth mother shall sign, and the adoptive parents shall file
34     with the court, a declaration regarding each potential birth father, in accordance with this
35     section, before or at the time a petition for adoption is filed with the court, if, at any point
36     during the time period beginning at the conception of the child and ending at the time the
37     mother executes consent to adoption or relinquishment of the child for adoption, neither the
38     birth mother [or] nor at least one of the adoptive parents has [not] resided in the state for 90
39     total days or more, as described in Subsection (1)(c)[, the birth mother shall file with the court
40     a declaration regarding each potential birth father, in accordance with this section, before or at
41     the time a petition for adoption is filed with the court].
42          (b) The [birth mother] child-placing agency or adoptive parents shall search the
43     putative father registry of each state where the birth mother believes the child may have been
44     conceived and each state where the birth mother lived during her pregnancy, if the state has a
45     putative father registry, to determine whether a potential birth father registered with the state's
46     putative father registry.
47          (c) In determining whether the 90-day requirement is satisfied, the following apply:
48          (i) the 90 days are not required to be consecutive;
49          (ii) no absence from the state may be for more than seven consecutive days;
50          (iii) any day on which the individual is absent from the state does not count toward the
51     total 90-day period; and
52          (iv) the 90-day period begins and ends during a period that is no more than 120
53     consecutive days.
54          (2) The declaration filed under Subsection (1) regarding a potential birth father shall
55     include, for each potential birth father, the following information:
56          (a) if known, the potential birth father's name, date of birth, social security number, and

57     address;
58          (b) with regard to a state's putative father registry in each state described in Subsection
59     (1)(b):
60          (i) whether the state has a putative father registry; and
61          (ii) for each state that has a putative father registry, with the declaration, a certificate or
62     written statement from the state's putative father registry that a search of the state's putative
63     father registry was made and disclosing the results of the search;
64          (c) whether the potential birth father was notified of:
65          (i) the birth mother's pregnancy;
66          (ii) the fact that he is a potential birth father; or
67          (iii) the fact that the birth mother intends to consent to adoption or relinquishment of
68     the child for adoption, in Utah;
69          (d) each state where the birth mother lived during the pregnancy;
70          (e) if known, the state in which the child was conceived;
71          (f) whether the birth mother informed the potential birth father that she was traveling to
72     or planning to reside in Utah;
73          (g) whether the birth mother has contacted the potential birth father while she was
74     located in Utah;
75          (h) whether, and for how long, the potential birth father has ever lived with the child;
76          (i) whether the potential birth father has given the birth mother money or offered to pay
77     for any of her expenses during pregnancy or the child's birth;
78          (j) whether the potential birth father has offered to pay child support;
79          (k) if known, whether the potential birth father has taken any legal action to establish
80     paternity of the child, either in Utah or in any other state, and, if known, what action he has
81     taken; and
82          (l) whether the birth mother has ever been involved in a domestic violence matter with
83     the potential birth father.
84          (3) Based on the declaration regarding the potential birth father, the court shall order
85     the birth mother to serve a potential birth father notice that she intends to consent or has
86     consented to adoption or relinquishment of the child for adoption, if the court finds that the
87     potential birth father:

88          (a) has taken sufficient action to demonstrate an interest in the child;
89          (b) has taken sufficient action to attempt to preserve his legal rights as a birth father,
90     including by filing a legal action to establish paternity or filing with a state's putative father
91     registry; or
92          (c) does not know, and does not have a reason to know, that:
93          (i) the mother or child are present in Utah;
94          (ii) the mother intended to give birth to the child in Utah;
95          (iii) the child was born in Utah; or
96          (iv) the mother intends to consent to adoption or relinquishment of the child for
97     adoption in Utah.
98          (4) Notice under this section shall be made in accordance with Subsections
99     78B-6-110(7) through (12).
100          Section 2. Section 78B-6-141 is amended to read:
101          78B-6-141. Petition, report, and documents sealed -- Exceptions.
102          (1) An adoption document [is] and any other documents filed in connection with a
103     petition for adoption are sealed.
104          (2) An adoption document may only be open to inspection and copying as follows:
105          (a) in accordance with Subsection (4)(a), by a party to the adoption proceeding:
106          (i) while the proceeding is pending; or
107          (ii) within six months after the day on which the adoption decree is entered;
108          (b) subject to Subsection (4)(b), if a court enters an order permitting access to the
109     documents by a person who has appealed the denial of that person's motion to intervene;
110          (c) upon order of the court expressly permitting inspection or copying, after good cause
111     has been shown;
112          (d) as provided under Section 78B-6-144;
113          (e) when the adoption document becomes public on the one hundredth anniversary of
114     the date the final decree of adoption was entered;
115          (f) when the birth certificate becomes public on the one hundredth anniversary of the
116     date of birth;
117          (g) to a mature adoptee or a parent who adopted the mature adoptee, without a court
118     order, unless the final decree of adoption is entered by the juvenile court under Subsection

119     78B-6-115(3)(b); or
120          (h) to an adult adoptee, to the extent permitted under Subsection (3).
121          (3) (a) For an adoption finalized on or after January 1, 2016, a birth parent may elect,
122     on a written consent form provided by the office, to permit identifying information about the
123     birth parent to be made available for inspection by an adult adoptee.
124          (b) A birth parent may, at any time, file a written document with the office to:
125          (i) change the election described in Subsection (3)(a); or
126          (ii) elect to make other information about the birth parent, including an updated
127     medical history, available for inspection by an adult adoptee.
128          (c) A birth parent may not access any identifying information or an adoption document
129     under this Subsection (3).
130          (4) (a) A person who files a motion to intervene in an adoption proceeding:
131          (i) is not a party to the adoption proceeding, unless the motion to intervene is granted;
132     and
133          (ii) may not be granted access to the documents described in Subsection (1), unless the
134     motion to intervene is granted.
135          (b) An order described in Subsection (2)(b) shall:
136          (i) prohibit the person described in Subsection (2)(b) from inspecting a document
137     described in Subsection (1) that contains identifying information of the adoptive or prospective
138     adoptive parent; and
139          (ii) permit the person described in Subsection (4)(b)(i) to review a copy of a document
140     described in Subsection (4)(b)(i) after the identifying information described in Subsection
141     (4)(b)(i) is redacted from the document.
142          Section 3. Section 78B-6-143 is amended to read:
143          78B-6-143. Nonidentifying health history of adoptee filed with office -- Limited
144     availability.
145          (1) (a) Upon finalization of an adoption in this state, the person who proceeded on
146     behalf of the petitioner for adoption, or a child-placing agency if an agency is involved in the
147     adoption, shall file a report with the office, in the form established by the office. [That]
148          (b) The report described in Subsection (1)(a) shall include a detailed health history, and
149     a genetic and social history of the adoptee.

150          (2) The report [filed under] described in Subsection (1)(a) may not contain [any
151     information which identifies the adoptee's birth parents or members of their families]
152     identifying information.
153          (3) When the report described in Subsection (1)(a) is filed, a duplicate report shall be
154     provided to the adoptive parents.
155          (4) The report [filed with the office under] described in Subsection (1)(a) shall only be
156     available upon request, and upon presentation of positive identification, to the following
157     persons:
158          (a) the adoptive parents;
159          (b) in the event of the death of the adoptive parents, the adoptee's legal guardian;
160          (c) the adoptee;
161          (d) in the event of the death of the adoptee, the adoptee's spouse, if the spouse is the
162     parent or guardian of the adoptee's child;
163          (e) the adoptee's child or descendant;
164          (f) the adoptee's birth parent; and
165          (g) the adoptee's adult sibling.
166          (5) No information [which] that identifies a birth parent or [his] the birth parent's
167     family may be disclosed under this section.
168          (6) The actual cost of providing information under this section shall be paid by the
169     person requesting the information.
170          (7) A child-placing agency may provide a copy of the report described in Subsection
171     (1)(a) and information in its files, except identifying information, to an adult adoptee.