This document includes Senate Committee Amendments incorporated into the bill on Tue, Mar 12, 2019 at 9:33 AM by estauffer.
1     
ADOPTION REVISIONS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah Adoption Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions related to:
13               •     notice in an adoption proceeding;
14               •     who may adopt a child or adult;
15               •     a postadoption contact agreement; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          78B-6-110, as last amended by Laws of Utah 2018, Chapter 359
24          78B-6-110.1, as last amended by Laws of Utah 2017, Chapter 148
25          78B-6-112, as last amended by Laws of Utah 2018, Chapter 359
26          78B-6-115, as last amended by Laws of Utah 2015, Chapter 137
27          78B-6-117, as last amended by Laws of Utah 2018, Chapter 43 and further amended by
28     Revisor Instructions, Laws of Utah 2018, Chapter 446
29          78B-6-136, as last amended by Laws of Utah 2012, Chapter 340
30          78B-6-146, as enacted by Laws of Utah 2013, Chapter 438
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 78B-6-110 is amended to read:
34          78B-6-110. Notice of adoption proceedings.
35          (1) (a) An unmarried biological father, by virtue of the fact that he has engaged in a
36     sexual relationship with a woman:
37          (i) is considered to be on notice that a pregnancy and an adoption proceeding regarding
38     the child may occur; and
39          (ii) has a duty to protect his own rights and interests.
40          (b) An unmarried biological father is entitled to actual notice of a birth or an adoption
41     proceeding with regard to his child only as provided in this section or Section 78B-6-110.5.
42          (2) Notice of an adoption proceeding shall be served on each of the following persons:
43          (a) any person or agency whose consent or relinquishment is required under Section
44     78B-6-120 or 78B-6-121, unless that right has been terminated by:
45          (i) waiver;
46          (ii) relinquishment;
47          (iii) actual consent, as described in Subsection (12); or
48          (iv) judicial action;
49          (b) any person who has initiated a paternity proceeding and filed notice of that action
50     with the state registrar of vital statistics within the Department of Health, in accordance with
51     Subsection (3);
52          (c) any legally appointed custodian or guardian of the adoptee;
53          (d) the petitioner's spouse, if any, only if the petitioner's spouse has not joined in the
54     petition;
55          (e) the adoptee's spouse, if any;
56          (f) any [person] individual who, [prior to] before the time at which the mother executes
57     her consent for adoption or relinquishes the child for adoption, is recorded on the birth
58     certificate as the child's father, with the knowledge and consent of the mother;
59          (g) [a person] an individual who is:
60          (i) openly living in the same household with the child at the time the consent is
61     executed or relinquishment made; and
62          (ii) holding himself out to be the child's father; and
63          (h) [any person] an individual who is married to the child's mother at the time she
64     executes her consent to the adoption or relinquishes the child for adoption, unless the court
65     finds that the mother's spouse is not the child's father under Section 78B-15-607.
66          (3) (a) In order to preserve any right to notice, an unmarried biological father shall,
67     consistent with Subsection (3)(d):
68          (i) initiate proceedings in a district court of Utah to establish paternity under Title 78B,
69     Chapter 15, Utah Uniform Parentage Act; and
70          (ii) file a notice of commencement of the proceedings described in Subsection (3)(a)(i)
71     with the office of vital statistics within the Department of Health.
72          (b) If the unmarried, biological father does not know the county in which the birth
73     mother resides, he may initiate his action in any county, subject to a change in trial pursuant to
74     Section 78B-3-307.
75          (c) The Department of Health shall provide forms for the purpose of filing the notice
76     described in Subsection (3)(a)(ii), and make those forms available in the office of the county
77     health department in each county.
78          (d) When the state registrar of vital statistics receives a completed form, the registrar
79     shall:
80          (i) record the date and time the form was received; and
81          (ii) immediately enter the information provided by the unmarried biological father in
82     the confidential registry established by Subsection 78B-6-121(3)(c).
83          (e) The action and notice described in Subsection (3)(a):
84          (i) may be filed before or after the [child's birth] day on which the child is born; and
85          (ii) shall be filed prior to the mother's:
86          (A) execution of consent to adoption of the child; or
87          (B) relinquishment of the child for adoption.
88          (4) Notice provided in accordance with this section need not disclose the name of the
89     mother of the child who is the subject of an adoption proceeding.
90          (5) The notice required by this section:
91          (a) may be served at any time after the day on which the petition for adoption is filed,
92     but may not be served on a birth mother before she has given birth to the child who is the
93     subject of the petition for adoption;
94          (b) shall be served at least Ŝ→ :
94a          (i) ←Ŝ [30] 60 days [prior to] before the day on which the final
95     dispositional hearing is held; Ŝ→ or
95a          (ii) if the child is in the custody of the division or under the continuing jurisdiction of
95b     the juvenile court under Section 78A-6-120, 30 days before the day on which the final
95c     dispositional hearing is held; ←Ŝ
96          (c) shall specifically state that the person served shall fulfill the requirements of
97     Subsection (6)(a) within [30] 60 days after the day on which the person receives service if the
98     person intends to intervene in or contest the adoption;
99          (d) shall state the consequences, described in Subsection (6)(b), for failure of a person
100     to file a motion for relief within [30] 60 days after the day on which the person is served with
101     notice of an adoption proceeding;
102          (e) is not required to include, nor be accompanied by, a summons or a copy of the
103     petition for adoption;
104          (f) shall state where the person may obtain a copy of the petition for adoption; and
105          (g) shall indicate the right to the appointment of counsel for a party whom the court
106     determines is indigent and at risk of losing the party's parental rights.
107          (6) (a) A person who [has been] is served with notice of an adoption proceeding and
108     who wishes to contest the adoption shall file a motion to intervene in the adoption proceeding:
109          (i) within [30] 60 days after the day on which the person [was] is served with notice of
110     the adoption proceeding;
111          (ii) setting forth specific relief sought; and
112          (iii) accompanied by a memorandum specifying the factual and legal grounds upon
113     which the motion is based.
114          (b) A person who fails to fully and strictly comply with all of the requirements
115     described in Subsection (6)(a) within [30] 60 days after the day on which the person [was] is
116     served with notice of the adoption proceeding:
117          (i) waives any right to further notice in connection with the adoption;
118          (ii) forfeits all rights in relation to the adoptee; and
119          (iii) is barred from thereafter bringing or maintaining any action to assert any interest in
120     the adoptee.
121          (7) Service of notice under this section shall be made as follows:
122          (a) (i) Subject to Subsection (5)(e), service on a person whose consent is necessary
123     under Section 78B-6-120 or 78B-6-121 shall be in accordance with the provisions of the Utah
124     Rules of Civil Procedure.
125          (ii) If service of a person described in Subsection (7)(a)(i) is by publication, the court
126     shall designate the content of the notice regarding the identity of the parties.
127          (iii) The notice described in this Subsection (7)(a) may not include the name of a
128     person seeking to adopt the adoptee.
129          (b) (i) Except as provided in Subsection (7)(b)(ii) to any other person for whom notice
130     is required under this section, service by certified mail, return receipt requested, is sufficient.
131          (ii) If the service described in Subsection (7)(b)(i) cannot be completed after two
132     attempts, the court may issue an order providing for service by publication, posting, or by any
133     other manner of service.
134          (c) Notice to a person who has initiated a paternity proceeding and filed notice of that
135     action with the state registrar of vital statistics in the Department of Health in accordance with
136     the requirements of Subsection (3), shall be served by certified mail, return receipt requested, at
137     the last address filed with the registrar.
138          (8) The notice required by this section may be waived in writing by the person entitled
139     to receive notice.
140          (9) Proof of service of notice on all persons for whom notice is required by this section
141     shall be filed with the court before the final dispositional hearing on the adoption.
142          (10) Notwithstanding any other provision of law, neither the notice of an adoption
143     proceeding nor any process in [that] the proceeding is required to contain the name of the
144     person or persons seeking to adopt the adoptee.
145          (11) Except as to those persons whose consent to an adoption is required under Section
146     78B-6-120 or 78B-6-121, the sole purpose of notice under this section is to enable the person
147     served to:
148          (a) intervene in the adoption; and
149          (b) present evidence to the court relevant to the best interest of the child.
150          (12) In order to be excused from the requirement to provide notice as described in
151     Subsection (2)(a) on the grounds that the person has provided consent to the adoption
152     proceeding under Subsection (2)(a)(iii), the consent may not be implied consent, as described
153     in Section 78B-6-120.1.
154          Section 2. Section 78B-6-110.1 is amended to read:
155          78B-6-110.1. Prebirth notice to presumed father of intent to place a child for
156     adoption.
157          (1) As used in this section, "birth father" means:
158          (a) a potential biological father; or
159          (b) an unmarried biological father.
160          (2) Before the birth of a child, the following individuals may notify a birth father of the
161     child that the mother of the child is considering an adoptive placement for the child:
162          (a) the child's mother;
163          (b) a licensed child-placing agency;
164          (c) an attorney representing a prospective adoptive parent of the child; or
165          (d) an attorney representing the mother of the child.
166          (3) Providing a birth father with notice under Subsection (2) does not obligate the
167     mother of the child to proceed with an adoptive placement of the child.
168          (4) The notice described in Subsection (2) shall include the name, address, and
169     telephone number of the person providing the notice, and shall include the following
170     information:
171          (a) the mother's intent to place the child for adoption;
172          (b) that the mother has named the person receiving this notice as a potential birth father
173     of her child;
174          (c) the requirements to contest the adoption, including taking the following steps
175     within [30] 60 days after the day on which the notice is served:
176          (i) initiating proceedings to establish or assert paternity in a district court of Utah
177     within [30] 60 days after the day on which the notice is served, including filing an affidavit
178     stating:
179          (A) that the birth father is fully able and willing to have full custody of the child;
180          (B) the birth father's plans to care for the child; and
181          (C) that the birth father agrees to pay for child support and expenses incurred in
182     connection with the pregnancy and birth; and
183          (ii) filing a notice of commencement of paternity proceedings with the state registrar of
184     vital statistics within the Utah Department of Health;
185          (d) the consequences for failure to comply with Subsection (4)(c), including that:
186          (i) the birth father's ability to assert the right, if any, to consent or refuse to consent to
187     the adoption is irrevocably lost;
188          (ii) the birth father will lose the ability to assert the right to contest any future adoption
189     of the child; and
190          (iii) the birth father will lose the right, if any, to notice of any adoption proceedings
191     related to the child;
192          (e) that the birth father may consent to the adoption, if any, within [30] 60 days after
193     the day on which the notice is received, and that his consent is irrevocable; and
194          (f) that no communication between the mother of the child and the birth father changes
195     the rights and responsibilities of the birth father described in the notice.
196          (5) If the recipient of the notice described in Subsection (2) does not fully and strictly
197     comply with the requirements of Subsection (4)(c) within [30] 60 days after the day on which
198     [he] the recipient receives the notice, [he] the recipient will lose:
199          (a) the ability to assert the right to consent or refuse to consent to an adoption of the
200     child described in the notice;
201          (b) the ability to assert the right to contest any future adoption of the child described in
202     the notice; and
203          (c) the right to notice of any adoption proceedings relating to the child described in the
204     notice.
205          (6) If an individual described in Subsection (2) chooses to notify a birth father under
206     this section, the notice shall be served on a birth father in a manner consistent with the Utah
207     Rules of Civil Procedure or by certified mail.
208          Section 3. Section 78B-6-112 is amended to read:
209          78B-6-112. District court jurisdiction over termination of parental rights
210     proceedings.
211          (1) A district court has jurisdiction to terminate parental rights in a child if the party
212     who filed the petition is seeking to terminate parental rights in the child for the purpose of
213     facilitating the adoption of the child.
214          (2) A petition to terminate parental rights under this section may be:
215          (a) joined with a proceeding on an adoption petition; or
216          (b) filed as a separate proceeding before or after a petition to adopt the child is filed.
217          (3) A court may enter a final order terminating parental rights before a final decree of
218     adoption is entered.
219          (4) (a) Nothing in this section limits the jurisdiction of a juvenile court relating to
220     proceedings to terminate parental rights as described in Section 78A-6-103.
221          (b) This section does not grant jurisdiction to a district court to terminate parental
222     rights in a child if the child is under the jurisdiction of the juvenile court in a pending abuse,
223     neglect, dependency, or termination of parental rights proceeding.
224          (5) The district court may terminate an individual's parental rights in a child if:
225          (a) the individual executes a voluntary consent to adoption, or relinquishment for
226     adoption, of the child, in accordance with:
227          (i) the requirements of this chapter; or
228          (ii) the laws of another state or country, if the consent is valid and irrevocable;
229          (b) the individual is an unmarried biological father who is not entitled to consent to
230     adoption, or relinquishment for adoption, under Section 78B-6-120 or 78B-6-121;
231          (c) the individual:
232          (i) received notice of the adoption proceeding relating to the child under Section
233     78B-6-110; and
234          (ii) failed to file a motion for relief, under Subsection 78B-6-110(6), within [30] 60
235     days after the day on which the individual was served with notice of the adoption proceeding;
236          (d) the court finds, under Section 78B-15-607, that the individual is not a parent of the
237     child; or
238          (e) the individual's parental rights are terminated on grounds described in Title 78A,
239     Chapter 6, Part 5, Termination of Parental Rights Act, if terminating the person's parental
240     rights is in the best interests of the child.
241          (6) The court shall appoint counsel designated by the county where the petition is filed
242     to represent a party who faces any action initiated by a private party under Title 78A, Chapter
243     6, Part 5, Termination of Parental Rights Act or whose parental rights are subject to
244     termination under this section, if:
245          (a) the court determines that the party is indigent under Section 77-32-202; and
246          (b) the party does not, after being fully advised of the right to counsel, knowingly,
247     intelligently and voluntarily waive the right to counsel.
248          (7) If a county incurs expenses in providing defense services to indigent individuals
249     facing any action initiated by a private party under Title 78A, Chapter 6, Part 5, Termination of
250     Parental Rights Act or termination of parental rights under this section, the county may apply
251     for a grant for reimbursement from the Utah Indigent Defense Commission under Section
252     77-32-806.
253          Section 4. Section 78B-6-115 is amended to read:
254          78B-6-115. Who may adopt -- Adoption of minor -- Adoption of adult.
255          (1) [For purposes of] As used in this section, "vulnerable adult" means:
256          (a) [a person] an individual 65 years of age or older; or
257          (b) an [adult] individual, 18 years of age or older, who has a mental or physical
258     impairment which substantially affects that [person's] individual's ability to:
259          (i) provide personal protection;
260          (ii) provide necessities such as food, shelter, clothing, or medical or other health care;
261          (iii) obtain services necessary for health, safety, or welfare;
262          (iv) carry out the activities of daily living;
263          (v) manage the [adult's] individual's own resources; or
264          (vi) comprehend the nature and consequences of remaining in a situation of abuse,
265     neglect, or exploitation.
266          (2) Subject to this section and Section 78B-6-117, any adult may be adopted by another
267     adult.
268          (3) The following provisions of this part apply to the adoption of an adult just as
269     though the [person] adult being adopted were a minor:
270          (a) (i) Section 78B-6-108;
271          (ii) Section 78B-6-114;
272          (iii) Section 78B-6-116;
273          (iv) Section 78B-6-118;
274          (v) Section 78B-6-124;
275          (vi) Section 78B-6-136;
276          (vii) Section 78B-6-137;
277          (viii) Section 78B-6-138;
278          (ix) Section 78B-6-139;
279          (x) Section 78B-6-141; and
280          (xi) Section 78B-6-142;
281          (b) Subsections 78B-6-105(1)(a), (1)(b)(i), (1)(b)(ii), (2), and (7), except that the
282     juvenile court does not have jurisdiction over a proceeding for adoption of an adult, unless the
283     adoption arises from a case where the juvenile court has continuing jurisdiction over the mature
284     adoptee; and
285          (c) if the mature adoptee is a vulnerable adult, Sections 78B-6-128 through 78B-6-131,
286     regardless of whether the mature adoptee resides, or will reside, with the adoptors, unless the
287     court, based on a finding of good cause, waives the requirements of those sections.
288          (4) Ŝ→ (a) ←Ŝ An adult may not adopt a prospective mature adoptee, unless at least one of
288a     the
289     following is a resident of the state for at least six consecutive months before the day on which
290     the adoption petition is filed:
291          Ŝ→ [(a)] (i) ←Ŝ a prospective adoptive parent;
292          Ŝ→ [(b)] (ii) ←Ŝ a biological parent of the prospective mature adoptee; or
293          Ŝ→ [(c)] (iii) ←Ŝ the prospective mature adoptee.
293a     Ŝ→ (b) Subsection (4)(a) does not apply if a prospective mature adoptee is under the
293b     continuing jurisdiction of the juvenile court under Section 78A-6-120. ←Ŝ
294          [(4)] (5) Before a court enters a final decree of adoption of a mature adoptee, the
295     mature adoptee and the prospective adoptive parent or parents shall appear before the court
296     presiding over the adoption proceedings and execute consent to the adoption.
297          [(5)] (6) No provision of this part, other than those listed or described in this section or
298     Section 78B-6-117, apply to the adoption of an adult.
299          Section 5. Section 78B-6-117 is amended to read:
300          78B-6-117. Who may adopt -- Adoption of minor.
301          (1) A minor child may be adopted by an adult [person], in accordance with this section
302     and this part.
303          (2) A child may be adopted by:
304          (a) adults who are legally married to each other in accordance with the laws of this
305     state, including adoption by a stepparent; or
306          (b) subject to Subsection (4), a single adult, except as provided in Subsection (3).
307          (3) A child may not be adopted by [a person] an adult who is cohabiting in a
308     relationship that is not a legally valid and binding marriage under the laws of this state.
309          (4) To provide a child who is in the custody of the division with the most beneficial
310     family structure, when a child in the custody of the division is placed for adoption, the division
311     or child-placing agency shall place the child with a man and a woman who are married to each
312     other, unless:
313          (a) there are no qualified married couples who:
314          (i) have applied to adopt a child;
315          (ii) are willing to adopt the child; and
316          (iii) are an appropriate placement for the child;
317          (b) the child is placed with a relative of the child;
318          (c) the child is placed with [a person] an adult who has already developed a substantial
319     relationship with the child;
320          (d) the child is placed with [a person] an adult who:
321          (i) is selected by a parent or former parent of the child, if the parent or former parent
322     consented to the adoption of the child; and
323          (ii) the parent or former parent described in Subsection (4)(d)(i):
324          (A) knew the person with whom the child is placed before the parent consented to the
325     adoption; or
326          (B) became aware of the person with whom the child is placed through a source other
327     than the division or the child-placing agency that assists with the adoption of the child; or
328          (e) it is in the best interests of the child to place the child with a single [person] adult.
329          (5) (a) Except as provided in Subsection (5)(b), an adult may not adopt a child, unless
330     at least one of the following is a resident of the state for at least six consecutive months before
331     the day on which the adoption petition is filed:
332          (i) a prospective adoptive parent;
333          (ii) a biological parent of the child; or
334          (iii) the child.
335          (b) Subsection (5)(a) does not apply Ŝ→ :
335a          (i) ←Ŝ under circumstances when the division makes an
336     out-of-state placement under Title 62A, Chapter 4a, Part 7, Interstate Compact on Placement of
337     Children Ŝ→ [.] ; or
337a          (ii) if the child is in the custody of the division or under the continuing jurisdiction of
337b     the juvenile court under Section 78A-6-120. ←Ŝ
338          [(5)] (6) Except as provided in Subsection [(6)] (7), an adult may not adopt a child if,
339     before adoption is finalized, the adult has been convicted of, pleaded guilty to, or pleaded no
340     contest to a felony or attempted felony involving conduct that constitutes any of the following:
341          (a) child abuse, as described in Section 76-5-109;
342          (b) child abuse homicide, as described in Section 76-5-208;
343          (c) child kidnapping, as described in Section 76-5-301.1;
344          (d) human trafficking of a child, as described in Section 76-5-308.5;
345          (e) sexual abuse of a minor, as described in Section 76-5-401.1;
346          (f) rape of a child, as described in Section 76-5-402.1;
347          (g) object rape of a child, as described in Section 76-5-402.3;
348          (h) sodomy on a child, as described in Section 76-5-403.1;
349          (i) sexual abuse of a child or aggravated sexual abuse of a child, as described in
350     Section 76-5-404.1;
351          (j) sexual exploitation of a minor, as described in Section 76-5b-201; or
352          (k) an offense in another state that, if committed in this state, would constitute an
353     offense described in this Subsection [(5)] (6).
354          [(6)] (7) (a) For purpose of this Subsection [(6)] (7), "disqualifying offense" means an
355     offense listed in Subsection [(5)] (6) that prevents a court from considering a person for
356     adoption of a child except as provided in this Subsection [(6)] (7).
357          (b) [A person] An adult described in Subsection [(5)] (6) may only be considered for
358     adoption of a child if the following criteria are met by clear and convincing evidence:
359          (i) at least 10 years have elapsed from the day on which the [person] adult is
360     successfully released from prison, jail, parole, or probation related to a disqualifying offense;
361          (ii) during the 10 years before the day on which the [person] adult files a petition with
362     the court seeking adoption, the person has not been convicted, pleaded guilty, or pleaded no
363     contest to an offense greater than an infraction or traffic violation that would likely impact the
364     health, safety, or well-being of the child;
365          (iii) the [person] adult can provide evidence of successful treatment or rehabilitation
366     directly related to the disqualifying offense;
367          (iv) the court determines that the risk related to the disqualifying offense is unlikely to
368     cause harm, as defined in Section 78A-6-105, or potential harm to the child currently or at any
369     time in the future when considering all of the following:
370          (A) the child's age;
371          (B) the child's gender;
372          (C) the child's development;
373          (D) the nature and seriousness of the disqualifying offense;
374          (E) the preferences of a child 12 years of age or older;
375          (F) any available assessments, including custody evaluations, home studies,
376     pre-placement adoptive evaluations, parenting assessments, psychological or mental health
377     assessments, and bonding assessments; and
378          (G) any other relevant information;
379          (v) the [person] adult can provide evidence of all of the following:
380          (A) the relationship with the child is of long duration;
381          (B) that an emotional bond exists with the child; and
382          (C) that adoption by the [person] adult who has committed the disqualifying offense
383     ensures the best interests of the child are met; and
384          (vi) the adoption is by:
385          (A) a stepparent whose spouse is the adoptee's parent and consents to the adoption;
386          (B) subject to Subsection [(6)] (7)(d), a relative of the child as defined in Section
387     78A-6-307 and there is not another relative without a disqualifying offense filing an adoption
388     petition.
389          (c) The [person] adult with the disqualifying offense bears the burden of proof
390     regarding why adoption with that [person] adult is in the best interest of the child over another
391     responsible relative or equally situated person who does not have a disqualifying offense.
392          (d) If there is an alternative responsible relative who does not have a disqualifying
393     offense filing an adoption petition, the following applies:
394          (i) preference for adoption shall be given to a relative who does not have a
395     disqualifying offense; and
396          (ii) before the court may grant adoption to the [person] adult who has the disqualifying
397     offense over another responsible, willing, and able relative:
398          (A) an impartial custody evaluation shall be completed; and
399          (B) a guardian ad litem shall be assigned.
400          [(7)] (8) Subsections [(5)] (6) and [(6)] (7) apply to a case pending on March 25, 2017
401     for which a final decision on adoption has not been made and to a case filed on or after March
402     25, 2017.
403          Section 6. Section 78B-6-136 is amended to read:
404          78B-6-136. Final decree of adoption -- Agreement by adoptive parent or parents.
405          (1) Except as provided in Subsection (2), before the court enters a final decree of
406     adoption:
407          (a) the prospective adoptive parent or parents and the child being adopted shall appear
408     before the appropriate court; and
409          (b) the prospective adoptive parent or parents shall execute an agreement stating that
410     the child shall be adopted and treated in all respects as the adoptive parent's or parents' own
411     lawful child.
412          (2) Except as provided in Subsection 78B-6-115[(4)](5), a court may waive the
413     requirement described in Subsection (1)(a) if:
414          (a) the adoption is not contested;
415          (b) the prospective adoptive parent or parents:
416          (i) execute an agreement stating that the child shall be adopted and treated in all
417     respects as the parent's or parents' own lawful child;
418          (ii) have the agreement described in Subsection (2)(b)(i) notarized; and
419          (iii) file the agreement described in Subsection (2)(b)(i) with the court; and
420          (c) all requirements of this chapter to obtain a final decree of adoption are otherwise
421     complied with.
422          Section 7. Section 78B-6-146 is amended to read:
423          78B-6-146. Postadoption contact agreements.
424          (1) As used in this section:
425          (a) "Postadoption contact agreement" means a document, agreed upon [prior to the
426     finalization of] before the day on which an adoption of a child [in the custody of the division]
427     is finalized, that outlines the relationship between an adoptive parent, birth parent, or other
428     birth relative, and an adopted child after the finalization of adoption.
429          (b) "Other birth relative" means a grandparent, stepparent, sibling, stepsibling, aunt, or
430     uncle of the prospective adoptive child.
431          (2) (a) Notwithstanding any other provision in this chapter, if a child [in the custody of
432     the division] is placed for adoption, the prospective adoptive parent and birth parent, or other
433     birth relative, may enter into a postadoption contact agreement as provided in this section.
434          (b) A birth parent is not required to be a party to a postadoption contact agreement in
435     order to permit an open adoption agreement between a prospective adoptive parent and another
436     birth relative of the child.
437          (3) In order to be legally enforceable, a postadoption contact agreement shall be:
438          (a) approved by the court before the finalization of the adoption, with the court making
439     a specific finding that the agreement is in the best interest of the child;
440          (b) signed by each party claiming a right or obligation in the agreement; and
441          (c) if the adopted child is 12 years old or older, approved by the child.
442          (4) A postadoption contact agreement shall:
443          (a) describe:
444          (i) visits, if any, that shall take place between the birth parent, other birth relative,
445     adoptive parent, and adopted child;
446          (ii) the degree of supervision, if any, that shall be required during a visit between a
447     birth parent, other birth relative, and adopted child;
448          (iii) the information, if any, that shall be provided to a birth parent, or other birth
449     relative, about the adopted child and how often that information shall be provided;
450          (iv) the grounds, if any, on which the adoptive parent may:
451          (A) decline to permit visits, described in Subsection (4)(a)(i), between the birth parent,
452     or other birth relative, and adopted child; or
453          (B) cease providing the information described in Subsection (4)(a)(iii) to the birth
454     parent or other birth relative; and
455          (b) state that following the adoption, the court shall presume that the adoptive parent's
456     judgment about the best interest of the child is correct in any action seeking to enforce, modify,
457     or terminate the agreement.
458          (5) A postadoption contact agreement may not limit the adoptive parent's ability to
459     move out of state.
460          (6) A postadoption contact agreement may only be modified with the consent of the
461     adoptive parent.
462          (7) In an action seeking enforcement of a postadoption contact agreement:
463          (a) an adoptive parent's judgment about the best interest of the child is entitled to a
464     presumption of correctness;
465          (b) if the party seeking to enforce the postadoption contact agreement successfully
466     rebuts the presumption described in Subsection (7)(a), the court shall consider whether:
467          (i) the parties performed the duties outlined in the open adoption agreement in good
468     faith;
469          (ii) there is a reasonable alternative that fulfills the spirit of the open adoption
470     agreement without ordering mandatory compliance with the open adoption agreement; and
471          (iii) enforcement of the open adoption agreement is in the best interest of the adopted
472     child; and
473          (c) the court shall order the parties to attend mediation, if the presumption in
474     Subsection (7)(a) is successfully rebutted and mediation is in the child's best interest.
475          (8) An open adoption agreement that has been found not to be in the best interest of the
476     adopted child shall not be enforced.
477          (9) Violation of an open adoption agreement is not grounds:
478          (a) to set aside an adoption; or
479          (b) for an award of money damages.
480          (10) Nothing in this section shall be construed to mean that an open adoption
481     agreement is required before an adoption may be finalized.
482          (11) Refusal or failure to agree to a postadoption contact agreement is not admissible
483     in any adoption proceeding.
484          (12) The court that approves a postadoption contact agreement retains jurisdiction over
485     modification, termination, and enforcement of an approved postadoption contact agreement.