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
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
Adult sibling: means an adoptee's brother or sister, who is 18 years of age or older and whose birth mother or father is the same as that of the adoptee. 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
Child-placing agency: means an agency licensed to place children for adoption under 1. See Utah Code 78B-6-103
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
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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
(a)
An adultadoptee or a birth parent of an adult adoptee, upon presentation of positive identification, may request identifying information from the office, in the form established by the office. A court of competent jurisdiction or a child-placing agency may accept that request from the adult adoptee or birth parent, in the form provided by the office, and transfer that request to the office. The adult adoptee or birth parent is responsible for notifying the office of any change in information contained in the request.
(b)
Except as otherwise provided in this part, the office may only release identifying information to an adult adoptee or birth parent when it receives requests from both the adoptee and the adoptee’s birth parent.
(c)
After matching the request of an adult adoptee with that of at least one of the adoptee’s birth parents, the office shall notify both the adult adoptee and the birth parent that the requests have been matched, and disclose the identifying information to those parties. However, if that adult adoptee has a sibling of the same birth parent who is under the age of 18 years, and who was raised in the same family setting as the adult adoptee, the office may not disclose the requested identifying information to that adult adoptee or the adoptee’s birth parent.
(2)
(a)
Adult adoptees and adult siblings of adult adoptees, upon presentation of positive identification, may request identifying information from the office, in the form established by the office. A court of competent jurisdiction or a child-placing agency may accept that request from the adult adoptee or adult sibling, in the form provided by the office, and transfer that request to the office. The adult adoptee or adult sibling is responsible for notifying the office of any change in information contained in the request.
(b)
The office may only release identifying information to an adult adoptee or adult sibling when it receives requests from both the adult adoptee and the adult adoptee’s adult sibling.
(c)
After matching the request of an adult adoptee with that of the adoptee’s adult sibling, if the office determines that the office has sufficient information to make that match, the office shall notify both the adult adoptee and the adult sibling that the requests have been matched, and disclose the identifying information to those parties.
(d)
After receiving a request for information from an adult adoptee and a birth parent under this section, the office shall:
(i)
search the office’s vital records for the adult adoptee’s birth parent; and
(ii)
if the search described in Subsection (2)(d)(i) reveals that the birth parent who had requested information under this section is dead, inform the adult adoptee that the birth parent is dead and disclose the identity of the birth parent.
(e)
The office shall attempt to notify an individual who requests information under this section:
(i)
of the results of the initial search for a match; and
(ii)
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.
(3)
Information registered with the office under this section is available only to a registered adult adoptee and the adoptee’s registered birth parent or registered adult sibling, under the terms of this section.
(4)
Except as provided in Section 78B-6-141, the office may not disclose information regarding a birth parent who has not registered a request with the office.
(5)
Nothing in this section limits the disclosure of information in accordance with Section 78B-6-141.
