creates the relationship of parent and child where it did not previously exist; and
(b)
except as provided in Subsections 78B-6-138(2) and (4), terminates the parental rights of any other person with respect to the child. See Utah Code 78B-6-103
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. See Utah Code 78B-6-103
Adoptive parent: means an individual who has legally adopted an adoptee. See Utah Code 78B-6-103
Adult: means an individual who is 18 years of age or older. See Utah Code 78B-6-103
Adult adoptee: means an adoptee who is 18 years of age or older and was adopted as a minor. See Utah Code 78B-6-103
Birth parent: means :
(a)
a birth mother;
(b)
a man whose paternity of a child is established;
(c)
a man who:
(i)
has been identified as the father of a child by the child's birth mother; and
Identifying information: means information that is in the possession of the office and that contains the name and address of a pre-existing parent or an adult adoptee, or other specific information that by itself or in reasonable conjunction with other information may be used to identify a pre-existing parent or an adult adoptee, including information on a birth certificate or in an adoption document. See Utah Code 78B-6-103
Mature adoptee: means an adoptee who is adopted when the adoptee is an adult. See Utah Code 78B-6-103
Office: means the Office of Vital Records and Statistics within the Department of Health and Human Services operating under 1. See Utah Code 78B-6-103
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
Notwithstanding Section 80-4-106, court hearings in adoption cases may be closed to the public upon request of a party to the adoption petition and upon court approval.
(b)
In a closed hearing, only the following individuals may be admitted:
(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)
An adoption document and any other documents filed in connection with a petition for adoption are sealed.
(3)
The documents described in Subsection (2) may only be open to inspection and copying:
(a)
in accordance with Subsection (5)(a), by a party to the adoption proceeding:
(i)
while the proceeding is pending; or
(ii)
within six months after the day on which the adoption decree is entered;
(b)
subject to Subsection (5)(b), if a court enters an order permitting access to the documents by an individual who has appealed the denial of that individual’s motion to intervene;
(c)
upon order of the court expressly permitting inspection or copying, after good cause has been shown;
when the adoption document becomes public on the one hundredth anniversary of the date the final decree of adoption was entered;
(f)
when the birth certificate becomes public on the one hundredth anniversary of the date of birth;
(g)
to a mature adoptee or a parent who adopted the mature adoptee, without a court order, unless the final decree of adoption is entered by the juvenile court under Subsection 78B-6-115(3)(b); or
(h)
to an adult adoptee, to the extent permitted under Subsection (4).
(4)
(a)
An adult adoptee that was born in the state may access an adoption document associated with the adult adoptee’s adoption without a court order:
(i)
to the extent that a birth parent consents under Subsection (4)(b); or
(ii)
if the birth parents listed on the original birth certificate are deceased.
(b)
A birth parent may:
(i)
provide consent to allow the access described in Subsection (4)(a) by electing, electronically or on a written form provided by the office, allowing the birth parent to elect to:
(A)
allow the office to provide the adult adoptee with the contact information of the birth parent that the birth parent indicates;
(B)
allow the office to provide the adult adoptee with the contact information of an intermediary that the birth parent indicates;
(C)
prohibit the office from providing any contact information to the adult adoptee;
(D)
allow the office to provide the adult adoptee with a noncertified copy of the original birth certificate; and
(ii)
at any time, file, electronically or on a written document with the office, to:
(A)
change the election described in Subsection (4)(b); or
(B)
elect to make other information about the birth parent, including an updated medical history, available for inspection by an adult adoptee.
(c)
A birth parent may not access any identifying information or an adoption document under this Subsection (4).
(d)
If two birth parents are listed on the original birth certificate and only one birth parent consents under Subsection (4)(b) or is deceased, the office may redact the name of the other birth parent.
(5)
(a)
An individual who files a motion to intervene in an adoption proceeding:
(i)
is not a party to the adoption proceeding, unless the motion to intervene is granted; and
(ii)
may not be granted access to the documents described in Subsection (2), unless the motion to intervene is granted.
(b)
An order described in Subsection (3)(b) shall:
(i)
prohibit the individual described in Subsection (3)(b) from inspecting a document described in Subsection (2) that contains identifying information of the adoptive or prospective adoptive parent; and
(ii)
permit the individual described in Subsection (5)(b)(i) to review a copy of a document described in Subsection (5)(b)(i) after the identifying information described in Subsection (5)(b)(i) is redacted from the document.
