7 LONG TITLE
8 General Description:
9 This bill amends and enacts provisions relating to adoption.
10 Highlighted Provisions:
11 This bill:
12 ▸ clarifies that a new birth certificate may be issued after the adoption of an adult;
13 ▸ allows an attorney in the adoption or the child-placing agency to be provided the
14 adoption report;
15 ▸ allows the attorney in the adoption or the child-placing agency to take the adoption
16 report to the state registrar;
17 ▸ clarifies that a new birth certificate may be issued for a foreign-born individual who
18 is adopted as an adult;
19 ▸ allows the spouse of a preexisting parent to adopt a child after the child's death;
20 ▸ if a child-placing agency placed a child for adoption, provides that the child-placing
21 agency file an affidavit regarding fees and expenses with the Office of Licensing
22 within the Department of Human Services; and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
26 Other Special Clauses:
28 Utah Code Sections Affected:
30 26-2-10, as last amended by Laws of Utah 2015, Chapter 137
31 26-2-25, as last amended by Laws of Utah 1995, Chapter 202
32 26-2-28, as last amended by Laws of Utah 2008, Chapter 3
33 78B-6-115, as last amended by Laws of Utah 2015, Chapter 137
34 78B-6-120.1, as enacted by Laws of Utah 2013, Chapter 458
35 78B-6-136.5, as last amended by Laws of Utah 2012, Chapter 340
36 78B-6-140, as last amended by Laws of Utah 2012, Chapter 340
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 26-2-10 is amended to read:
40 26-2-10. Supplementary certificate of birth.
46 (1) An individual born in this state may request the state registrar to register a
47 supplementary birth certificate for the individual if:
48 (a) the individual is legally recognized as a child of the individual's natural parents
49 when the individual's natural parents are subsequently married;
50 (b) the individual's parentage has been determined by a state court of the United States
51 or a Canadian provincial court with jurisdiction; or
52 (c) the individual has been legally adopted, as a child or as an adult, under the law of
53 this state, any other state, or any province of Canada.
54 (2) The application for registration of a supplementary birth certificate may be made
56 (a) the [
58 (b) a legal representative[
59 (c) any agency authorized to receive children for placement or adoption under the laws
60 of this or any other state.
61 (3) (a) The state registrar shall require that an applicant submit identification and proof
62 according to department rules.
63 (b) In the case of an adopted [
64 order of the court in which the adoption proceedings were held.
65 (4) (a) After the supplementary birth certificate is registered, any information disclosed
66 from the record shall be from the supplementary birth certificate.
67 (b) Access to the original birth certificate and to the evidence submitted in support of
68 the supplementary birth certificate are not open to inspection except upon the order of a Utah
69 district court or [
70 Section 2. Section 26-2-25 is amended to read:
71 26-2-25. Divorce or adoption -- Duty of court clerk to file certificates or reports.
72 (1) [
73 ordered or decreed in this state, the clerk of the court shall prepare a divorce certificate or
74 report of adoption on a form furnished by the state registrar.
75 (2) The petitioner shall provide the information necessary to prepare the certificate or
76 report [
78 (a) prepare the certificate or report [
80 (b) complete the remaining entries for the certificate or report immediately after the
81 decree or order becomes final.
82 (4) On or before the 15th day of each month, the clerk shall forward the divorce
83 certificates and reports of adoption under Subsection (1) completed by [
84 the preceding month to the state registrar.
90 (5) (a) A report of adoption under Subsection (1) may be provided to the attorney who
91 is providing representation of a party to the adoption or the child-placing agency, as defined in
92 Section 78B-6-103, that is placing the child.
93 (b) If a report of adoption is provided to the attorney or the child-placing agency, as
94 defined in Section 78B-6-103, the attorney or the child-placing agency shall immediately
95 provide the report of adoption to the state registrar.
96 Section 3. Section 26-2-28 is amended to read:
97 26-2-28. Birth certificate for foreign adoptees.
98 Upon presentation of a court order of adoption and an order establishing the fact, time,
99 and place of birth under Section 26-2-15, the department shall prepare a birth certificate for
101 (1) was adopted under the laws of this state; and
102 (2) was at the time of adoption, as a child or as an adult, considered an alien child or
103 adult for whom the court received documentary evidence of [
104 under Section 78B-6-108.
105 Section 4. Section 78B-6-115 is amended to read:
106 78B-6-115. Who may adopt -- Adoption of minor -- Adoption of adult.
107 (1) [
108 (a) [
109 (b) an adult[
110 physical impairment [
111 (i) provide personal protection;
112 (ii) provide necessities such as food, shelter, clothing, or medical or other health care;
113 (iii) obtain services necessary for health, safety, or welfare;
114 (iv) carry out the activities of daily living;
115 (v) manage the adult's own resources; or
116 (vi) comprehend the nature and consequences of remaining in a situation of abuse,
117 neglect, or exploitation.
118 (2) Subject to this section and Section 78B-6-117, any adult may be adopted by another
120 (3) The following provisions of this part apply to the adoption of an adult just as
121 though the [
122 (a) (i) Section 78B-6-108;
123 (ii) Section 78B-6-114;
124 (iii) Section 78B-6-116;
125 (iv) Section 78B-6-118;
126 (v) Section 78B-6-124;
127 (vi) Section 78B-6-136;
128 (vii) Section 78B-6-137;
129 (viii) Section 78B-6-138;
130 (ix) Section 78B-6-139;
131 (x) Section 78B-6-141; and
132 (xi) Section 78B-6-142;
133 (b) Subsections [
134 (1)(b)(i), (1)(b)(ii), (2), and (7), except that the juvenile court does not have jurisdiction over a
135 proceeding for adoption of an adult, unless the adoption arises from a case where the juvenile
136 court has continuing jurisdiction over the mature adoptee; and
137 (c) if the mature adoptee is a vulnerable adult, Sections 78B-6-128 through 78B-6-131,
138 regardless of whether the mature adoptee resides, or will reside, with the [
139 unless the court, based on a finding of good cause, waives the requirements of those sections.
140 (4) Before a court enters a final decree of adoption of a mature adoptee, the mature
141 adoptee and the prospective adoptive parent or parents shall appear before the court presiding
142 over the adoption [
143 (5) No provision of this part, other than those listed or described in this section or
144 Section 78B-6-117, apply to the adoption of an adult.
145 Section 5. Section 78B-6-120.1 is amended to read:
146 78B-6-120.1. Implied consent.
147 (1) [
148 (a) "Abandonment" means failure of a father, with reasonable knowledge of the
149 pregnancy, to offer and provide financial and emotional support to the birth mother for a period
150 of six months before the day on which the adoptee is born.
151 (b) "Emotional support" means a pattern of statements or actions that indicate to a
152 reasonable person that a father intends to provide for the physical and emotional well-being of
153 an unborn child.
155 father failed to provide financial or emotional support because the birth mother refused to
156 accept support.
160 (b) A court may not find that a father failed to provide emotional support if the father's
161 failure was due to impossibility of performance.
162 (3) Consent or relinquishment, as required by Subsection 78B-6-120(1), may be
163 implied by any of the following acts:
164 (a) abandonment;
165 (b) leaving the adoptee with a third party, without providing the third party with the
166 parent's identification, for 30 consecutive days;
167 (c) knowingly leaving the adoptee with another person, without providing for support,
168 communicating, or otherwise maintaining a substantial relationship with the adoptee, for six
169 consecutive months; or
170 (d) receiving notification of a pending adoption proceeding under Subsection
171 78B-6-110(6) or of a termination proceeding under Section 78B-6-112 and failing to respond
172 as required.
173 (4) Implied consent under Subsection (3)[
174 (5) Nothing in this section negates the requirements of Section 78B-6-121 or
175 78B-6-122 for an unmarried biological father.
176 Section 6. Section 78B-6-136.5 is amended to read:
177 78B-6-136.5. Timing of entry of final decree of adoption -- Posthumous adoption.
178 (1) Except as provided in Subsection (2), a final decree of adoption may not be entered
179 until the earlier of:
180 (a) when the child has lived in the home of the prospective adoptive parent for six
181 months; or
182 (b) when the child has been placed for adoption with the prospective adoptive parent
183 for six months.
184 (2) (a) If the prospective adoptive parent is the spouse of the [
185 parent, a final decree of adoption may not be entered until the child has lived in the home of
186 that prospective adoptive parent for one year, unless, based on a finding of good cause, the
187 court orders that the final decree of adoption may be entered at an earlier time.
188 (b) The court may, based on a finding of good cause, order that the final decree of
189 adoption be entered at an earlier time than described in Subsection (1).
190 (3) [
192 to enter a final decree of adoption after [
193 adoptive parent or parents[
194 (a) the child dies during the time that the child is placed in the home of a prospective
195 adoptive parent or parents for the purpose of adoption; or
196 (b) the prospective adoptive parent is the spouse of a preexisting parent of the child and
197 the child lived with the prospective adoptive parent before the child's death.
206 (4) The court may enter a final decree of adoption declaring that a child is adopted by:
207 (a) both a deceased and a surviving adoptive parent if after the child is placed in the
208 home of the child's prospective adoptive parents:
209 (i) one of the prospective adoptive parents dies;
210 (ii) the surviving prospective adoptive parent requests that the court enter the decree;
212 (iii) the decree is entered after the child has lived in the home of the surviving
213 prospective adoptive parent for at least six months; or
214 (b) a spouse of a preexisting parent if after the child has lived with the spouse of the
215 preexisting parent:
216 (i) the preexisting parent, or the spouse of the preexisting parent, dies;
217 (ii) the preexisting parent, or the spouse of the preexisting parent, requests that the
218 court enter the decree; and
219 (iii) the child has lived in the same home as the spouse of the preexisting parent for at
220 least one year.
221 (5) Upon request of a surviving [
222 for whom adoption of a child has been finalized, the court may enter a final decree of adoption
223 declaring that a child is adopted by a deceased adoptive parent who was the spouse of the
224 surviving parent at the time of the prospective adoptive parent's death.
225 (6) The court may enter a final decree of adoption declaring that a child is adopted by
226 both deceased prospective adoptive parents if:
227 (a) both of the prospective adoptive parents die after the child is placed in the
228 prospective adoptive parents' home; and
229 (b) it is in the best interests of the child to enter the decree.
230 (7) Nothing in this section shall be construed to grant any rights to the [
231 preexisting parents of a child to assert any interest in the child during the six-month or one-year
232 periods described in this section.
233 Section 7. Section 78B-6-140 is amended to read:
234 78B-6-140. Itemization of fees and expenses.
235 (1) Except as provided in Subsection (4), [
236 adoption is entered, an affidavit regarding fees and expenses, signed by the prospective
237 adoptive parent or parents and the person or agency placing the child, shall be filed with the
239 (2) The affidavit described in Subsection (1) shall itemize the following items in
240 connection with the adoption:
241 (a) all legal expenses, maternity expenses, medical or hospital expenses, and living
242 expenses that have been or will be paid to or on behalf of the [
243 of the child, including the source of payment;
244 (b) fees paid by the prospective adoptive parent or parents in connection with the
246 (c) all gifts, property, or other items that have been or will be provided to the
248 (d) all public funds used for any medical or hospital costs in connection with the:
249 (i) pregnancy;
250 (ii) delivery of the child; or
251 (iii) care of the child;
252 (e) the state of residence of the:
253 (i) birth mother or the [
254 (ii) prospective adoptive parent or parents;
255 (f) a description of services provided to the prospective adoptive parents or
257 (g) that Section 76-7-203 has not been violated.
258 (3) [
259 of the affidavit described in Subsection (1) shall be provided to the Office of Licensing within
260 the Department of Human Services.
261 (4) This section does not apply if the prospective adoptive parent is the legal spouse of
262 a [