Utah

Overview

Original Birth Certificates. Utah is a Compromised State. Under a new law, all adopted people who were 18 years of age or older on November 1, 2025, have a right to obtain their adoption documents, which specifically includes the original birth record.

Effective November 1, 2025, however, a birthparent may seek a court order to prevent the release of an adoptee’s adoption documents, so long as the adoptee is under 18 at the time of the initial request and the parent demonstrates that tjhe documents’ release “would place the [parent] in reasonable fear of harm from an individual.” A court order issued under this provision is good for 10 years from the adoptee’s 18th birthday, and is renewable on the same grounds for successive 10 year periods.

Court Records. Court records in Utah adoptions are sealed from inspection and are only made available by court order or through information released as part of Utah’s Mutual Consent Voluntary Adoption Registry. Under Utah’s 2025 law, however, adult adopted people may obtain a copy of the report of adoption, the findings of fact for the adoption, and the final decree of adoption, unless a birthparent previously obtained a court order prohibiting their release—and had obtained the order while the adoptee was under 18 years of age.

Adoption Registry and Identifying Information. Utah maintains a Mutual Consent Voluntary Adoption Registry, which adoptees, birthparents, and birth siblings may use to facilitate disclosure of identifying information. Participation in the adoption registry is also required to request your own original birth certificate.

Descendant Rights. Utah law does not address any rights that the adopted person’s descendants, ancestors, or spouse may have to request the adopted person’s original birth record or identifying information, except through court order. Adult siblings of the adopted person may use the adoption registry to seek identifying information about the adopted person. Other relatives may be able to request and obtain specific nonidentifying information from the child-placing agency or entity that facilitated the adoption.

The original birth record of an adopted person becomes a public record 100 years after the person’s birth. Court adoption documents become public 100 years after the date of the adoption.

Adult Adoption. Utah law provides for the adoption of adults. The state amended its adult adoption law in 2025, making it somewhat easier for an adult to adopt another adult. Consent of the adult adopted person is required as well as the consent of the person adopting and the spouses of the parties. After finalization, the adopted adult must give notice of the adoption to the parents who were the adoptee’s legal parents prior to the adult adoption.

Utah Law: Vital Records and Birth Certificates

Relevant parts of Utah vital records law. The entire Utah vital records statute is available here.

26B-8-101. Definitions (relevant provisions)
As used in this part:
(1) “Adoption document” means the same as that term is defined in Section 81-13-101.

(2) “Alien child” means an individual:

(a) who is younger than 16 years old; and

(b) who is not considered a citizen or national of the United States by the United States Citizenship and Immigration Services.

26B-8-106. Foundling certificates
(1) A foundling certificate shall be filed for each infant of unknown parentage found in the state. The certificate shall be prepared and filed with the local registrar of the district in which the infant was found by the person assuming custody.

(2) The certificate shall be filed within 10 days after the infant is found and is acceptable for all purposes in lieu of a certificate of birth.

26B-8-110. Supplementary certificate of birth
(1) An individual born in this state may request the state registrar to register a supplementary birth certificate for the individual if:

(a) the individual is legally recognized as a child of the individual’s natural parents when the individual’s natural parents are subsequently married;

(b) the individual’s parentage has been determined by a state court of the United States or a Canadian provincial court with jurisdiction; or

(c) the individual has been legally adopted, as a child or as an adult, under the law of this state, any other state, or any province of Canada.

(2) The application for registration of a supplementary birth certificate may be made by:

(a) the individual requesting registration under Subsection (1) if the individual is of legal age;

(b) a legal representative; or

(c) any agency authorized to receive children for placement or adoption under the laws of this or any other state.

(3)(a) The state registrar shall require that an applicant submit identification and proof according to department rules.

(b) In the case of an adopted individual, that proof may be established by order of the court in which the adoption proceedings were held.

(4)(a) After the supplementary birth certificate is registered, any information disclosed from the record shall be from the supplementary birth certificate.

(b) Access to the original birth certificate and to the evidence submitted in support of the supplementary birth certificate are not open to inspection except upon the order of a Utah district court or as described in Section 81-13-103 or Section 81-13-504.

26B-8-119. Petition for establishment of unregistered birth or death — Court procedure
(1) A person holding a direct, tangible, and legitimate interest as described in Subsection 26-2-22(3)(a) or (b) may petition for a court order establishing the fact, time, and place of a birth or death that is not registered or for which a certified copy of the registered birth or death certificate is not obtainable. The person shall verify the petition and file the petition in the Utah district court for the county where:

(a) the birth or death is alleged to have occurred;

(b) the person resides whose birth is to be established; or

(c) the decedent named in the petition resided at the date of death.

(2) In order for the court to have jurisdiction, the petition shall:

(a) allege the date, time, and place of the birth or death; and

(b) state either that no certificate of birth or death has been registered or that a copy of the registered certificate cannot be obtained.

(3) The court shall set a hearing for five to 10 days after the day on which the petition is filed.

(4)(a) If the time and place of birth or death are in question, the court shall hear available evidence and determine the time and place of the birth or death.

(b) If the time and place of birth or death are not in question, the court shall determine the time and place of birth or death to be those alleged in the petition.

(5) A court order under this section shall be made on a form prescribed and furnished by the department and is effective upon the filing of a certified copy of the order with the state registrar.

(6)(a) For purposes of this section, the birth certificate of an adopted alien child, as defined in Section 78B-6-108, is considered to be unobtainable if the child was born in a country that is not recognized by department rule as having an established vital records registration system.

(b) If the adopted child was born in a country recognized by department rule, but a person described in Subsection (1) is unable to obtain a certified copy of the birth certificate, the state registrar shall authorize the preparation of a birth certificate if the state registrar receives a written statement signed by the registrar of the child’s birth country stating a certified copy of the birth certificate is not available.

26B-8-128. Divorce or adoption — Duty of court clerk to file certificates or reports.
(1) For each adoption, annulment of adoption, divorce, and annulment of marriage ordered or decreed in this state, the clerk of the court shall prepare a divorce certificate or report of adoption on a form furnished by the state registrar or, for a report of adoption, the state of the child’s birth.

(2) The petitioner shall provide the clerk of the court with the information necessary to prepare the certificate or report under Subsection (1), including the form furnished by the child’s state of birth if the child was born in another state.

(3) The clerk shall:

(a) prepare the certificate or report under Subsection (1); and

(b) complete the remaining entries for the certificate or report immediately after the decree or order becomes final.

(4) On or before the 15th day of each month, the clerk shall forward the divorce certificates and reports of adoption under Subsection (1) completed by the clerk during the preceding month to the state registrar, except for reports of adoption provided to an attorney or child-placing agency under Subsection (5)(b).

(5)(a) In addition to the report of adoption that the clerk forwards to the state registrar under Subsection (4), the clerk shall also provide an original report of adoption under Subsection (1), upon request, to the attorney who is providing representation of a party to the adoption, or the child-placing agency, as defined in Section 81-13-101, that is placing the child.

(b) If the child was born in another state, the clerk of court shall prepare and provide one original report of adoption, upon request, to the attorney who is providing representation of a party to the adoption, or the child-placing agency that is placing the child, and the attorney or child-placing agency shall be responsible for submitting the report to the state of the child’s birth.

(c) If the attorney or child-placing agency does not request an original report of adoption under Subsection (5)(a) or (b), the clerk shall forward the report of adoption to the state registrar pursuant to Subsection (4).

(d) If, pursuant to Subsection (5)(a), an original report of adoption is provided to the attorney or the child-placing agency, as defined in Section 81-13-101, the attorney or the child-placing agency shall immediately provide the report of adoption to the state registrar.

26B-8-131. Birth certificate for foreign adoptees
Upon presentation of a court order of adoption and an order establishing the fact, time, and place of birth under Section 26B-8-119, the department shall prepare a birth certificate for an individual who:

(1) was adopted under the laws of this state; and
(2) was at the time of adoption, as a child or as an adult, considered an alien child or an adult born in another country.

Utah Law: Adoption Documents and Information

Relevant parts of Utah adoption law related to court records and adoption documents. The entire Utah adoption statute is available here.

81-13-101. Definitions for chapter (relevant portions)
As used in this chapter:

(1) “Adoptee” means:

(a) a child adoptee; or
(b) an adult adoptee.

2) “Adoption” means the judicial act that:

(a) creates the relationship of parent and child where it did not previously exist; and

(b) except as provided in Subsections 81-13-220(2) and (4), terminates the parental rights of any other person with respect to the child.

(3) “Adoption document” means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate.

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(7) “Adult” means an individual who is 18 years of age or older.

(8) “Adult adoptee” means an individual:

(a)who is an adult and is the subject of an adoption proceeding; or
(b)who was adopted when the individual was an adult.

(9) “Adult sibling” means an individual:

(a) who is a child adoptee’s brother or sister;

(b) who is 18 years old or older; and

(c) whose birth parent is the same as that of the child adoptee.

(11) “Birth parent” means:

(a) an individual that has a parent-child relationship with an adoptee as described in Section 81-5-201;

(b) a man who:

(i) has been identified as the father of an adoptee by the adoptee’s birth mother; and
(ii) has not denied paternity; or

(c) an unmarried biological father.

(12) “Child adoptee” means an individual:

(a) who is a minor child and is the subject of an adoption proceeding; or

(b) who was adopted when the individual was a minor child.

* * * *

(22) “Office” means the Office of Vital Records and Statistics within the Department of Health operating under Title 26, Chapter 2, Utah Vital Statistics Act.

81-13-103. Court hearings — Adoption documents — Motion to intervene
(1) (a) Notwithstanding Section 80-4-106, the court may close to the public any court hearing regarding an adoption upon the request of a party to the petition for adoption.

(b) In a closed hearing, the court may only admit the following individuals:

(i) a party to the proceeding;
(ii) the adoptee;
(iii) a representative of an agency having custody of the adoptee;
(iv) in a hearing to relinquish parental rights, the individual whose rights are to be relinquished and invitees of that individual to provide emotional support;
(v) in a hearing on the termination of parental rights, the individual whose rights may be terminated;
(vi) in a hearing on a petition to intervene, the proposed intervenor;
(vii) in a hearing to finalize an adoption, invitees of the petitioner; and
(viii) other individuals for good cause, upon order of the court.

(2) Except as provided in Subsections (3) through (7), an adoption document and any other documents filed in connection with a petition for adoption are sealed.

(3) A person may only inspect and copy the documents described in Subsection (2):

(a) if the adoption proceeding is pending and the person is a party to the adoption proceeding:

(b) within 180 days after the day on which the final decree of adoption is entered if the person is a party to the adoption proceeding;

(c) if the court enters an order expressly permitting the inspection or copying the documents after the person filed a motion to intervene and the motion to intervene was granted on appeal;

(d) if the court enters an order expressly permitting the inspection or copying of the documents after good cause is shown;

(e) if the office is permitted to release the documents to the person as described in Section 81-13-504;

(f) when the documents become public 100 years after the day on which the final decree of adoption was entered;

(g) when the birth certificate becomes public 100 years after the day on which the adoptee was born; or

(h) if the person is permitted access to the documents under Subsection (6) or (7).

(4) A person who files a motion to intervene in an adoption proceeding:

(a) is not a party to the adoption proceeding, unless the motion to intervene is granted; and

(b) subject to Subsection (5), may not be granted access to the documents described in Subsection (2), unless the motion to intervene is granted.

(5) If the court enters an order under Subsection (3)(c) or a potential birth father is made a party to the adoption proceeding upon a motion to intervene, the court shall:

(a) prohibit the person described in Subsection (3)(c) or the potential birth father from inspecting a document described in Subsection (2) that contains identifying information of an adoptive or prospective adoptive parent; and

(b) permit the person described in Subsection (3)(c) or the potential birth father to review a copy of the document described in Subsection (5)(a) after the identifying information of the adoptive or prospective adoptive parent is redacted from the document.

(6)(a) Unless there is a court order sealing the documents, a child adoptee may inspect and copy the following documents associated with the child adoptee’s adoption, without a court order, if the child adoptee is 18 years old or older:

(i) the report of adoption;
(ii) the original birth certificate;
(iii) the findings of fact for the adoption; and
(iv) the final decree of adoption.

(b) A pre-existing parent of a child adoptee may bring a petition in the court that entered the final decree of adoption to keep the documents described in Subsection (6)(a) sealed for 10 years after the day on which the child adoptee reaches 18 years old.

(c) The pre-existing parent shall:

(i) file a petition described in Subsection (6)(b) before the child adoptee reaches 18 years old; and
(ii) include in the petition sufficient information for the court to reliably determine the adoption documents at issue in the petition.

(d) The court may only grant the petition described in Subsection (6)(b) if the pre-existing parent establishes by sworn affidavit that the child adoptee’s access to the documents described in Subsection (6)(a) would place the pre-existing parent in reasonable fear of harm from an individual.

(e) If the court grants a pre-existing parent’s petition, the documents described in Subsection (6)(a) shall remain sealed for 10 years from the entry of the order, unless the court permits access to the documents under Subsection (3)(d).

(f) The pre-existing parent may bring a new petition every 10 years for an order extending the sealing of the documents described in Subsection (6)(a) for an additional 10 years.

(g) The pre-existing parent shall file a petition described in Subsection (6)(f) before the expiration of the previous order.

(h) A petition to extend the sealing of the documents described in Subsection (6)(a) shall satisfy all of the requirements described in Subsections (6)(b) through (d) for the original petition.

(7) An adult adoptee, or the adoptive parent of the adult adoptee, may inspect an adoption document associated with the adult adoptee’s adoption without a court order, unless the final decree of adoption is entered by the juvenile court.

(8) A pre-existing parent may not access the documents described in Subsection (2).

81-13-104. Responsibility for own actions — Fraud or misrepresentation
(1) Each parent of an adoptee conceived or born outside of marriage is responsible for the parent’s own actions and is not excused from strict compliance with the provisions of this chapter based upon any action, statement, or omission of the other parent or third parties.

(2)(a) Any person injured by fraudulent representations or actions in connection with an adoption is entitled to pursue civil or criminal penalties in accordance with existing law.

(b) A fraudulent representation is not a defense to strict compliance with the requirements of this chapter and is not a basis for dismissal of a petition for adoption, vacation of an adoption decree, or an automatic grant of custody to the offended party.

(c) For a child adoptee, a custody determination shall be based on the best interests of the child adoptee in accordance with the provisions of Section 81-13-215.

(3) A child-placing agency and the employees of a child-placing agency may not:

(a) employ any device, scheme, or artifice to defraud;

(b) engage in any act, practice, or course of business that operates or would operate as a fraud or deceit upon any person;

(c) materially and intentionally misrepresent facts or information; or

(d) request or require a prospective adoptive parent to grant, as a condition of or in connection with entering into an agreement with a child-placing agency, a release of either the prospective adoptive parent’s claims or the adoptee’s claims against the child-placing agency regarding any of the following:

(i) criminal misconduct;
(ii) ethical violations, as established by the Office of Licensing’s administrative rules;
(iii) bad faith;
(iv) intentional torts;
(v) fraud;
(vi) gross negligence associated with care of the adoptee, as described in Subsection 81-13-210(2);
(vii) future misconduct that may arise before the adoption is finalized;
(viii) breach of contract; or
(ix) gross negligence.

(4) Subsection (3) does not prohibit a release of claims against a child-placing agency or a child-placing agency’s employees for liability arising from the acts or the failure to act of a third party.

81-13-503. Nonidentifying health history of adoptee filed with office — Limited availability
(1)(a) Upon finalization of an adoption in this state of a minor child, the person who proceeded on behalf of the petitioner for adoption, or a child-placing agency if an agency is involved in the adoption, shall file a report with the office, in the form established by the office.

(b) The report described in Subsection (1)(a) shall include a detailed health history, and a genetic and social history of the adoptee.

(2) The report described in Subsection (1)(a) may not contain identifying information or any information that identifies the adoptee’s pre-existing parents or members of their families.

(3) When the report described in Subsection (1)(a) is filed, a duplicate report shall be provided to the adoptive parents.

(4) The report described in Subsection (1)(a) shall only be available upon request, and upon presentation of positive identification, to the following persons:

(a) the adoptive parents;
(b) in the event of the death of the adoptive parents, the adoptee’s legal guardian;
(c) the adoptee;
(d) in the event of the death of the adoptee, the adoptee’s spouse, if the spouse is the parent or guardian of the adoptee’s child;
(e) the adoptee’s child or descendant;
(f) the adoptee’s pre-existing parent; and
(g) the adoptee’s adult sibling.

(5) No identifying information or information that identifies a pre-existing parent or the pre-existing parent’s family may be disclosed under this section.

(6) The actual cost of providing information under this section shall be paid by the person requesting the information.

(7) A child-placing agency may provide a copy of the report described in Subsection (1)(a) and information in the child-placing agency’s files, except identifying information, to a child adoptee who is 18 years old or older, a pre-existing parent, or an adoptive parent.

(8) Notwithstanding Subsection (7), identifying information may be released to the extent that the individual who is the subject of the information provides written authorization of the information’s release.

81-13-504. Mutual-consent, voluntary adoption registry — Procedures — Fees
(1) As used in this section, “adopted individual” means a child adoptee who is 18 years old or older.

(2) The office shall establish a mutual-consent, voluntary adoption registry.

(3)(a) An adopted individual or a pre-existing parent of an adopted individual, upon presentation of positive identification, may request identifying information from the office, in the form established by the office.

(b) A court or a child-placing agency may accept that request from the adopted individual or pre-existing parent, in the form provided by the office, and transfer that request to the office.

(c) The adopted individual or pre-existing parent is responsible for notifying the office of any change in information contained in the request.

(d) Except as otherwise provided in this chapter, the office may only release identifying information to an adopted individual or pre-existing parent when the office receives requests from both the adopted individual and the adopted individual’s pre-existing parent.

(e) After matching the request of an adopted individual with that of at least one of the adopted individual’s pre-existing parents, the office shall notify both the adopted individual and the pre-existing parent that the requests have been matched, and disclose the identifying information to those parties.

(f) Notwithstanding Subsection (3)(c) or (d), if an adopted individual has a sibling of the same pre-existing parent who is under 18 years old and who was raised in the same family setting as the adopted individual, the office may not disclose the requested identifying information to that adopted individual or the adopted individual’s pre-existing parent.

(4)(a) An adopted individual or an adult sibling of an adopted individual, upon presentation of positive identification, may request identifying information from the office in the form established by the office.

(b) A court or a child-placing agency may accept that request from the adopted individual or adult sibling in the form provided by the office,and transfer that request to the office.

(c) The adopted individual or adult sibling is responsible for notifying the office of any change in information contained in the request.

(d) The office may only release identifying information to an adopted individual or adult sibling when the office receives requests from both the adopted individual and the adopted individual’s adult sibling.

(e) After matching the request of an adopted individual with that of the adopted individual’s adult sibling, if the office determines that the office has sufficient information to make that match, the office shall notify both the adopted individual and the adopted individual’s adult sibling that the requests have been matched, and disclose the identifying information to those parties.

(5) After receiving a request for information from an adopted individual and a pre-existing parent under this section, the office shall:

(a) search the office’s vital records for the adopted individual’s pre-existing parent; and

(b) if the search described in Subsection (5)(a) reveals that the pre-existing parent who had requested information under this section is dead, inform the adopted individual that the pre-existing parent is dead and disclose the identity of the pre-existing parent.

(6) The office shall attempt to notify an individual who requests information under this section:

(a) of the results of the initial search for a match; and
(b) if the initial search does not produce a match, that the office will keep the request on file and will attempt to notify the individual in the event of a match.

(7) Information registered with the office under this section is available only to a registered adopted individual and the adopted individual’s pre-existing parent or registered adult sibling under the terms of this section.

(8) The office may not disclose information regarding a pre-existing parent who has not registered a request with the office.

(9) Nothing in this section limits the disclosure of information in accordance with Section 81-13-103.

81B-13-505. Adoption records fees
(1)(a) The office may not disclose information maintained or filed with the office under this chapter unless the disclosure is permitted by this chapter or by a court order.

(b) Any person who discloses information obtained from the office’s voluntary adoption registry in violation of this part, or knowingly allows that information to be disclosed in violation of this chapter is guilty of a class A misdemeanor.

(2)(a) The office shall, in accordance with Section 63J-1-504, establish a fee to be paid by an individual who requests information or other services under Sections 81-13-103 or 81-13-504, and to cover the costs related to providing the information, services, and improvements described in Subsection (2).

(b) The office may accept donations or grants from public or private entities to cover the costs related to providing the information, services, and improvements described in Subsection (2).

(2) The office shall deposit fees and donations collected under Subsection (1) into the General Fund as dedicated credits and may be used only to:

(a) fund, automate, and improve the provision of services described in Sections 81-13-103 or 81-13-504; or

(b) implement means of maximizing potential matches for the services described in Sections 81-13-103 or 81-13-504, including the use of broad search terms and methods.

Utah Law: Adoption Generally

Relevant parts of Utah adoption law. The entire Utah adoption statute is available here.

81-13-202. Legislative intent and findings — Best interest of child — Interests of each party
(1) In every adoption of a minor child that, the best interest of the minor child should govern and be of foremost concern in a court’s determination.

(2) The court shall make a specific finding regarding the best interest of the minor child, taking into consideration information provided to the court pursuant to the requirements of this chapter relating to the health, safety, and welfare of the minor child and the moral climate of the potential adoptive placement.

(3) The Legislature finds that the rights and interests of all parties affected by an adoption proceeding must be considered and balanced in determining what constitutional protections and processes are necessary and appropriate.

(4)(a) The Legislature specifically finds that it is not in a minor child’s best interest to be adopted by a person or persons who are cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this state.

(b) Nothing in this section limits or prohibits the court’s placement of a minor child with a single adult who is not cohabiting or a person who is a relative of the minor child or a recognized placement under the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq.

(5) The Legislature also finds that:

(a) the state has a compelling interest in providing a stable and permanent home for a child adoptee in a prompt manner, in preventing the disruption of an adoptive placement, and in holding parents accountable for meeting the needs of a child adoptee;

(b) an unmarried birth mother, faced with the responsibility of making crucial decisions about the future of a newborn child, is entitled to privacy, and has the right to make timely and appropriate decisions regarding her future and the future of the newborn child, and is entitled to assurance regarding the permanence of an adoptive placement;

(c) a child adoptee has a right to permanence and stability in an adoptive placement;

(d) adoptive parents have a constitutionally protected liberty and privacy interest in retaining custody of a child adoptee;

(e) an unmarried biological father has an inchoate interest that acquires constitutional protection only when the unmarried biological father demonstrates a timely and full commitment to the responsibilities of parenthood, both during pregnancy and upon the child adoptee’s birth; and

(f) the state has a compelling interest in requiring an unmarried biological father to demonstrate commitment by providing appropriate medical care and financial support and by establishing legal parentage in accordance with the requirements of this chapter.

(6)(a) In enacting this chapter, the Legislature has prescribed the conditions for determining whether an unmarried biological father’s action is sufficiently prompt and substantial to require constitutional protection.

(b) If an unmarried biological father fails to grasp the opportunities to establish a relationship with the child adoptee that are available to the unmarried biological father, the unmarried biological father’s parental interest may be lost entirely, or greatly diminished in constitutional significance by the unmarried biological father’s failure to timely exercise the unmarried biological father’s parental interest, or by the unmarried biological father’s failure to strictly comply with the available legal steps to substantiate the parental interest.

(c)(i) A certain degree of finality is necessary in order to facilitate the state’s compelling interest.

(ii) The Legislature finds that the interests of the state, the birth mother, the child adoptee, and the adoptive parents described in this section outweigh the interest of an unmarried biological father who does not timely grasp the opportunity to establish and demonstrate a relationship with the child adoptee in accordance with the requirements of this chapter.

(d)(i) The Legislature finds no practical way to remove all risk of fraud or misrepresentation in adoption proceedings, and has provided a method for absolute protection of an unmarried biological father’s rights by compliance with the provisions of this chapter.

(ii) In balancing the rights and interests of the state, and of all parties affected by fraud, specifically the child adoptee, the adoptive parents, and the unmarried biological father, the Legislature has determined that the unmarried biological father is in the best position to prevent or ameliorate the effects of fraud and that, therefore, the burden of fraud shall be borne by the unmarried biological father.

(e) An unmarried biological father has the primary responsibility to protect the unmarried biological father’s rights.

(f) An unmarried biological father is presumed to know that the child adoptee may be adopted without the unmarried biological father’s consent unless the unmarried biological father strictly complies with the provisions of this chapter, manifests a prompt and full commitment to the unmarried biological father’s parental responsibilities, and establishes paternity.

(7) The Legislature finds that an unmarried mother has:

(a) a right of privacy with regard to her pregnancy and adoption plan;

(b) no legal obligation to disclose the identity of an unmarried biological father before or during an adoption proceeding; and

(c) no obligation to volunteer information to the court with respect to the father.

81-13-203. Who may adopt — Adoption of a minor child
(1) An adult may adopt a minor child in accordance with this section and this chapter.

(2) Except as otherwise provided in this section and subject to the placement requirements described in Section 81-13-403, a minor child may be adopted by:

(a) adults who are legally married to each other in accordance with the laws of this state, including adoption by a stepparent; or

(b) an adult who is not married.

(3) If an adult is cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this state, the adult may not adopt a minor child unless the individual is a relative of the minor child or a recognized placement under the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq.

(4) A married adult who is lawfully separated from the married adult’s spouse may not adopt a minor child without the consent of the married adult’s spouse if the spouse is capable of giving consent.

(5) An adult may not adopt a minor child unless:

(a) the adult is at least 10 years older than the minor child; or

(b) at least one adult of a married couple is at least 10 years older than the minor child if a married couple is adopting the minor child.

(6) Except as provided in Subsection (7), an adult may not adopt a minor child if, before adoption is finalized, the adult has been convicted of, pleaded guilty to, or pleaded no contest to a felony or attempted felony involving conduct that constitutes:

(a) child abuse, as described in Section 76-5-109;
(b) aggravated child abuse, as described in Section 76-5-109.2;
(c) child abandonment, as described in Section 76-5-109.3;
(d) child torture, as described in Section 76-5-109.4;
(e) commission of domestic violence in the presence of a child, as described in Section 76-5-114;
(f) child abuse homicide, as described in Section 76-5-208;
(g) child kidnapping, as described in Section 76-5-301.1;
(h) human trafficking of a child, as described in Section 76-5-308.5;
(i) sexual abuse of a minor, as described in Section 76-5-401.1;
(j) rape of a child, as described in Section 76-5-402.1;
(k) object rape of a child, as described in Section 76-5-402.3;
(l) sodomy on a child, as described in Section 76-5-403.1;
(m) sexual abuse of a child, as described in Section 76-5-404.1;
(n) aggravated sexual abuse of a child, as described in Section 76-5-404.3;
(o) sexual exploitation of a minor, as described in Section 76-5b-201;
(p) aggravated sexual exploitation of a minor, as described in Section 76-5b-201.1; or
(q) an offense in another state that, if committed in this state, would constitute an offense described in this Subsection (6).

(7)(a) As used in this Subsection (7), “disqualifying offense” means an offense listed in Subsection (6) that prevents a court from considering an adult for adoption of a minor child except as provided in this Subsection (7).

(b) An adult described in Subsection (6) may only be considered for adoption of a minor child if the following criteria are met by clear and convincing evidence:

(i) at least 10 years have elapsed from the day on which the adult is successfully released from prison, jail, parole, or probation related to a disqualifying offense;
(ii) during the 10 years before the day on which the adult files a petition with the court seeking adoption, the adult has not been convicted, pleaded guilty, or pleaded no contest to an offense greater than an infraction or traffic violation that would likely impact the health, safety, or well-being of the minor child;
(iii) the adult can provide evidence of successful treatment or rehabilitation directly related to the disqualifying offense;
(iv) the court determines that the risk related to the disqualifying offense is unlikely to cause harm, as defined in Section 80-1-102, or potential harm to the minor child currently or at any time in the future when considering all of the following:

(A) the minor child’s age;
(B) the minor child’s gender;
(C) the minor child’s development;
(D) the nature and seriousness of the disqualifying offense;
(E) the preferences of a minor child who is 12 years old or older;
(F) any available assessments, including custody evaluations, home studies, pre-placement adoptive evaluations, parenting assessments, psychological or mental health assessments, and bonding assessments; and
(G) any other relevant information;

(v) the adult can provide evidence of all of the following:

(A) the relationship with the minor child is of long duration;
(B) that an emotional bond exists with the minor child; and
(C) that adoption by the individual who has committed the disqualifying offense ensures the best interests of the minor child are met; and

(vi) the adoption is by:

(A) a stepparent whose spouse is the adoptee’s parent and consents to the adoption; or
(B) subject to Subsection (7)(d), a relative of the minor child, as defined in Section 80-3-102, and there is not another relative without a disqualifying offense filing an adoption petition.

(c) The adult with the disqualifying offense bears the burden of proof regarding why adoption with that adult is in the best interest of the minor child over another responsible relative or equally situated adult who does not have a disqualifying offense.

(d) If there is an alternative responsible relative who does not have a disqualifying offense filing an adoption petition:

(i) preference for adoption shall be given to a relative who does not have a disqualifying offense; and
(ii) before the court may grant adoption to the adult who has the disqualifying offense over another responsible, willing, and able relative:

(A) an impartial custody evaluation shall be completed; and
(B) a guardian ad litem shall be assigned.

(8) Subsections (6) and (7) apply to a case pending on March 25, 2017, for which a final decision on adoption has not been made and to a case filed on or after March 25, 2017.

81-13-218. Final decree of adoption of a minor child — Agreement by adoptive parent or parents
(1)(a) Before entering a final decree of adoption, the court shall examine separately each person appearing before the court in accordance with this chapter.

(b) If the court is satisfied that the interests of the child adoptee will be promoted by the adoption, the court shall enter a final decree of adoption in accordance with Section 81-13-219 declaring that:

(i) the child adoptee is adopted by the adoptive parent or parents; and
(ii) the child adoptee is regarded and treated in all respects as the child of the adoptive parent or parents.

(2) Except as provided in Subsection (3), before the court enters a final decree of adoption of a child adoptee:

(a) the prospective adoptive parent or parents and the child adoptee being adopted shall appear before the appropriate court; and

(b) the prospective adoptive parent or parents shall execute an agreement stating that the child adoptee shall be adopted and treated in all respects as the adoptive parent’s or parents’ own lawful child.

(3) The court may waive the requirement described in Subsection (2)(a) if:

(a) the adoption is not contested;

(b) the prospective adoptive parent or parents:

(i) execute an agreement stating that the child adoptee shall be adopted and treated in all respects as the parent’s or parents’ own lawful child;
(ii) have the agreement described in Subsection (3)(b)(i) notarized; and
(iii) file the agreement described in Subsection (3)(b)(i) with the court; and

(c) all requirements of this chapter to obtain a final decree of adoption are otherwise complied with.

(4) At the time that a final decree of adoption is entered, the child adoptee may take the family name of the adoptive parent or parents.

(5) After a final decree of adoption is entered, the adoptive parent or parents and the child adoptee shall:

(a) sustain the legal relationship of a parent and child; and

(b) have all the rights and be subject to all the duties of a parent-child relationship.

81-13-220. Effect of adoption of a minor child on pre-existing parent
(1) A pre-existing parent of a child adoptee:

(a) is released from all parental rights and duties toward and all responsibilities for the child adoptee, including residual parental rights and duties, as defined in Section 80-1-102; and

(b) has no further parental rights or duties with regard to the child adoptee at the earlier of:

(i) the time the pre-existing parent’s parental rights are terminated; or
(ii) except as provided in Subsection (2), and subject to Subsections (3) and (4), the time the final decree of adoption is entered.

(2) The parental rights and duties of a pre-existing parent who, at the time the child adoptee is adopted, is lawfully married to the individual adopting the child adoptee are not released under Subsection (1)(b).

(3) The parental rights and duties of a pre-existing parent who, at the time the child adoptee is adopted, is not lawfully married to the individual adopting the child adoptee are released under Subsection (1)(b).

(4)(a) Notwithstanding the provisions of this section, the court may allow a prospective adoptive parent to adopt a child adoptee without releasing the pre-existing parent from parental rights and duties under Subsection (1)(b), if:

(i) the pre-existing parent and the prospective adoptive parent were lawfully married at some time during the child adoptee’s life;
(ii) the pre-existing parent consents to the prospective adoptive parent’s adoption of the child adoptee or is unable to consent because the pre-existing parent is deceased or incapacitated;
(iii) notice of the adoption proceeding is provided in accordance with Section 81-13-207;
(iv) consent to the adoption is provided in accordance with Section 81-13-212; and
(v) the court finds that it is in the best interest of the child adoptee to grant the adoption without releasing the pre-existing parent from parental rights and duties.

(b) This Subsection (4) does not permit a child adoptee to have more than two parents.

(5) This section may not be construed as terminating any child support obligation of a parent incurred before the adoption.

78B-6-108. Alien child — Evidence of lawful admission to United States required
(1) As used in this section, “alien child” means a child under 16 years of age who is not considered a citizen or national of the United States by the United States Immigration and Naturalization Service.

(2) Any person adopting an alien child shall file with the petition for adoption written evidence from the United States Immigration and Naturalization Service that the child was inspected and:

(a) admitted into the United States for permanent residence;
(b) admitted into the United States temporarily in one of the lawful nonimmigrant categories specified in 8 U.S.C. Section 1101(a)(15); or
(c) paroled into the United States pursuant to 8 U.S.C. Section 1182(d)(5).

(3) The 1992 amendments to this section are retroactive to September 1, 1984. Any adoption decree entered after September 1, 1984, is considered valid if the requirements of Subsection (2), as amended, were met.

78B-6-120. Necessary consent to adoption or relinquishment for adoption
(1) Except as provided in Subsection (2), the following persons are required to consent to an adoption of a minor child, or to relinquishment of a minor child, before an adoption of the minor child is granted:

(a) if the child adoptee is 12 years old or older, the child adoptee unless the child adoptee does not have the mental capacity to consent;

(b) a man or woman who:

(i) by operation of law under Section 81-5-204, is recognized as the father or mother of the proposed adoptee, unless:

(A) the presumption is rebutted under Section 81-5-607; or
(B) at the time of the marriage, the man or woman knew or reasonably should have known that the marriage to the mother of the proposed child adoptee was or could be declared invalid; or
(B) the man or woman was not married to the mother of the proposed child adoptee until after the mother consented to adoption, or relinquishment for adoption, of the proposed child adoptee; or

(ii) is the parent of the child adoptee by a previous legal adoption;

(c) the birth mother of the child adoptee;

(d) an individual who has been adjudicated to be the child adoptee’s parent by a court with jurisdiction before the birth mother’s execution of consent to adoption or the birth mother’s relinquishment of the child adoptee for adoption;

(e) consistent with Subsection (3), an individual who has executed and filed a voluntary declaration of paternity with the office in accordance with Chapter 5, Uniform Parentage Act, before the birth mother’s execution of consent to adoption or the birth mother’s relinquishment of the child adoptee for adoption;

(f) an unmarried biological father of the child adoptee, whose consent is not required under Subsection (1)(d) or (1)(e), only if the unmarried biological father fully and strictly complies with the requirements of Section 81-13-213; and

(g) the person or agency to whom an adoptee has been relinquished and that is placing the child adoptee for adoption.

(2) The consent or relinquishment of an individual described in Subsections (1)(b) through (f) is not required if the individual’s parental rights relating to the child adoptee have been terminated by a court.

(3) For purposes of Subsection (1)(e), a voluntary declaration of paternity is considered filed when it is entered into a database that:

(a) can be accessed by the Department of Health and Human Services; and

(b)is designated by the office as the official database for voluntary declarations of paternity.

(4)(a) Except as provided in Subsection (4)(b), a person described in Subsection (1) may execute a consent or relinquishment at any time, including before the birth of the child adoptee.

(b) A birth mother may not consent to the adoption of the child adoptee, or relinquish control or custody of the child adoptee, until at least 24 hours after the birth of the child adoptee.

(c) A child adoptee may not execute a consent to an adoption until the child adoptee is at least 12 years old.

(5)(a) A birth parent who is younger than 18 years old has the power to:

(i) consent to the adoption of the birth parent’s minor child; and
(ii) relinquish the birth parent’s control or custody of the minor child for adoption.

(b) The consent or relinquishment described in Subsection (5)(a) is valid and has the same force and effect as a consent or relinquishment executed by a birth parent who is an adult.

(c) A birth parent, who is younger than 18 years old and has executed a consent or relinquishment, cannot revoke that consent or relinquishment upon reaching 18 years old or otherwise becoming emancipated.

(6) A consent or relinquishment is effective when the consent or relinquishment is signed and may not be revoked.

(7)(a) As used in this Subsection (7):

(i) “Abandonment” means failure of a birth parent, with reasonable knowledge of the pregnancy, to offer and provide financial and emotional support to the birth mother for a period of 180 days before the day on which the child adoptee is born.
(ii) “Emotional support” means a pattern of statements or actions that indicate to a reasonable person that a birth parent intends to provide for the physical and emotional well-being of an unborn child adoptee.

(b) A consent or relinquishment required by Subsection (1) may be implied by any of the following acts:

(i) abandonment;
(ii) leaving the child adoptee with a third party for 30 consecutive days without providing the third party with the birth parent’s identification;
(iii) knowingly leaving the child adoptee with another person for 180 consecutive days without providing for support, communicating, or otherwise maintaining a substantial relationship with the child adoptee; or
(iv) receiving notification of a pending adoption proceeding as described in Section 81-13-207, or of a termination proceeding described in Section 81-13-205, and failing to respond as required.

(c) For purposes of this Subsection (7), a court may not:

(i) determine that a birth parent abandoned the birth mother if the birth parent failed to provide financial or emotional support because the birth mother refused to accept support; or
(ii) find that the birth parent failed to provide emotional support if the individual’s failure was due to impossibility of performance.

(d) Implied consent under this Subsection (7) may not be withdrawn.

(e) Nothing in this Subsection (7) negates the requirements of Section 81-13-213 for an unmarried biological father.

81-13-105. Adoption order from foreign country
(1) Except as otherwise provided by federal law, an adoption order rendered to a resident of this state that is made by a foreign country shall be recognized by the courts of this state and enforced as if the order were rendered by a court in this state.

(2) An individual who adopts an adoptee in a foreign country may register the order in this state.

(3) A petition for registration of a foreign adoption order may be combined with a petition for a name change.

(4) If the court finds that the foreign adoption order meets the requirements of Subsection (1), the court shall order the office to:

(a) file the order; and

(b) file a certificate of birth for the child pursuant to Section 26B-8-131.

(3) If a clerk of the court is unable to establish the fact, time, and place of birth from the documentation provided, a person holding a direct, tangible, and legitimate interest as described in Subsection 26B-8-125(3)(a) or (b) may petition for a court order establishing the fact, time, and place of a birth in accordance with Subsection 26B-8-119(1)

Utah Law: Adult Adoption

81-13-302. Who may adopt an adult
(1) Except as provided in Subsections (2) and (3), an adult may adopt another adult.

(2) A married adult who is lawfully separated from the married adult’s spouse may not adopt another adult without the consent of the married adult’s spouse if the spouse is capable of giving consent.

(3) An individual adopting an adult may not adopt the adult unless:

(a) the individual is at least 10 years older than the adult; or

(b) at least one individual of a married couple is at least 10 years older than the adult if a married couple is adopting the adult.

(4) The placement requirements described in Part 4, Placement of a Minor Child or Vulnerable Adult for Adoption, apply to an adult adoptee that is a vulnerable adult regardless of whether the adult adoptee resides, or will reside, with the adoptive parents, unless the court waives the placement requirements upon a finding of good cause.

81-13-303. Notice and consent for adoption of an adult
(1)(a) Except as provided in Subsection (1)(c), a petitioner in an adoption proceeding shall serve notice of the proceeding on:

(i) the adult adoptee;
(ii) the spouse of the petitioner if the petitioner is married;
(iii) any legally appointed guardian or custodian of the adult adoptee; and
(iv) the spouse of the adult adoptee if the adult adoptee is married.

(b) No person, other than a person described in Subsection (1)(a), may consent, or withhold consent, to the adoption of an adult.

(2) The notice described in Subsection (1):

(a) shall specifically state that the person served must respond to the petition within 30 days of service if the person intends to intervene in the adoption proceeding;

(b) shall state the name of the adult adoptee;

(c) may not state the name of a person adopting the adult adoptee, unless the person consents, in writing, to disclosure of the person’s name;

(d) with regard to a person described in Subsection (1)(a):

(i) except as provided in Subsection (2)(a), shall be in accordance with the provisions of the Utah Rules of Civil Procedure; and
(ii) may not be made by publication; and

(f) with regard to the spouse of the adult adoptee, may be made:

(i) in accordance with the provisions of the Utah Rules of Civil Procedure;
(ii) by certified mail, return receipt requested; or
(iii) by publication, posting, or other means if:

(A) the service described in Subsection (2)(e)(ii) cannot be completed after two attempts; and

(B) the court issues an order providing for service by publication, posting, or other means.

(3) Proof of service of the notice on each person to whom notice is required by this section shall be filed with the court before the adoption is finalized.

(4)(a) Any person who is served with notice of a proceeding for the adoption of an adult adoptee and who wishes to intervene in the adoption shall file a motion in the adoption proceeding::

(i) within 30 days after the day on which the person is served with notice of the adoption proceeding;
(ii) that sets forth the specific relief sought; and
(iii) that is accompanied by a memorandum specifying the factual and legal grounds upon which the motion is made.

(b) A person who fails to file the motion described in Subsection (4)(a) within the time described in Subsection (4)(a)(i):

(i) waives any right to further notice of the adoption proceeding; and
(ii) is barred from intervening in, or bringing or maintaining any action challenging, the adoption proceeding.

(5) Except as provided in Subsection (6), after a court enters a final decree of adoption of an adult adoptee, the adult adoptee shall:

(a) serve notice of the finalization of the adoption, in accordance with the Utah Rules of Civil Procedure, on each person who was a legal parent of the adult adoptee before the final decree of adoption described in this Subsection (5) was entered; and

(b) file with the court proof of service of the notice described in Subsection (5)(a).

(7) A court may waive the notification requirement described in Subsection (5) upon a finding of good cause.

81-13-304. Necessary consent to adoption of an adult — Persons who may take consents.
(1) The following persons are required to consent to an adoption of an adult adoptee before the adoption is granted:

(a) the adult adoptee;

(b) any individual who is adopting the adult adoptee;

(c) the spouse of the individual adopting the adult adoptee if the individual is married; and

(d) any legally appointed guardian or custodian of the adult adoptee.

(2) An adult adoptee shall sign a consent before:

(a) the court with jurisdiction over the adoption proceeding; or

(b) a person appointed by the court to take the consent.

(3) If the consent of the adult adoptee is taken out of state, the adult adoptee shall sign the consent before:

(a) a person authorized or appointed to take a consent by a court of this state that has jurisdiction over adoption proceedings;

(b) a court that has jurisdiction over adoption proceedings in the state where the consent is taken; or

(c) a person authorized, under the laws of the state where the consent is taken, to take a consent of the adult adoptee.

(4) A person other than the adult adoptee may sign the consent before a notary or any person authorized to take the consent as described in Subsection (2) or (3).

(5) A person authorized by Subsection (2) or (3) to take a consent shall certify to the best of the person’s information and belief that the person executing the consent has read and understands the consent and has signed the consent freely and voluntarily.

(6) A person executing a consent is entitled to receive a copy of the consent.

(7) A signature described in Subsection (2)(b) or (3)(a), shall be:

(a) notarized; or

(b) witnessed by two individuals who are not members of the adult adoptee’s immediate family.

81-13-305. Final decree of adoption of an adult — Agreement by adoptive parent or parents
(1) Before entering a final decree of adoption of an adult adoptee, the court shall examine separately each person appearing before the court in accordance with this chapter.

(2) If the court is satisfied that the interests of the adult adoptee will be promoted by the adoption, the court shall enter a final decree of adoption declaring that:

(a) the adult adoptee is adopted by the adoptive parent or parents; and

(b) the adult adoptee is regarded and treated in all respects as the child of the adoptive parent or parents.

(3) Before the court enters a final decree of adoption of an adult adoptee, the prospective adoptive parent or parents and the adult adoptee shall:

(a) appear before the court;

(b) execute a consent to the adoption as described in Section 81-13-304; and

(c) execute an agreement stating that the adult adoptee shall be adopted and treated in all respects as the adoptive parent’s or parents’ own lawful child.

(4) When a final decree of adoption is entered, the adult adoptee may take the family name of the adoptive parent or parents.

(5) After a final decree of adoption is entered, the adoptive parent or parents and the adult adoptee shall:

(a) sustain the legal relationship of a parent and child; and

(b) have all the rights and be subject to all the duties of a parent-child relationship.

81-13-306. Effect of adoption of an adult on pre-existing parent
(1) A pre-existing parent of an adult adoptee:

(a) is released from all parental rights and duties toward and all responsibilities for the adult adoptee, including residual parental rights and duties, as defined in Section 80-1-102; and

(b) has no further parental rights or duties with regard to the adult adoptee at the earlier of:

(i) the time the pre-existing parent’s parental rights are terminated; or
(ii) except as provided in Subsection (2), and subject to Subsections (3) and (4), the time the final decree of adoption is entered.

(2) The parental rights and duties of a pre-existing parent who, at the time the adult adoptee is adopted, is lawfully married to the individual adopting the adult adoptee are not released under Subsection (1)(b).

(3) The parental rights and duties of a pre-existing parent who, at the time the adult adoptee is adopted, is not lawfully married to the individual adopting the adult adoptee are released under Subsection (1)(b).

(4)(a) Notwithstanding the provisions of this section, the court may allow a prospective adoptive parent to adopt an adult adoptee without releasing the pre-existing parent from parental rights and duties under Subsection (1)(b) if:

(i) the pre-existing parent and the prospective adoptive parent were lawfully married at some time during the adult adoptee’s life;
(ii) the pre-existing parent consents to the prospective adoptive parent’s adoption of the adult adoptee or is unable to consent because the pre-existing parent is deceased or incapacitated;
(iii) notice of the adoption proceeding is provided in accordance with Section 81-13-303;
(iv) consent to the adoption is provided in accordance with Section 81-13-304; and
(v) the court finds that it is in the best interest of the adult adoptee to grant the adoption without releasing the pre-existing parent from parental rights and duties.

(b) This Subsection (4) does not permit an adult adoptee to have more than two parents.

(5) This section may not be construed as terminating any child support obligation of a parent incurred before the adoption.