Utah Code 78B-6-138. Pre-existing parent’s rights and duties dissolved

78B-6-138. Pre-existing parent’s rights and duties dissolved.

(1)

A pre-existing parent of an adopted child is released from all parental rights and duties toward and all responsibilities for the adopted child, including residual parental rights and duties, as defined in Section 80-1-102, and has no further parental rights or duties with regard to that adopted child at the earlier of:

Terms Used In Utah Code 78B-6-138

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 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

Adoptive parent: means an individual who has legally adopted an adoptee. See Utah Code 78B-6-103

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

Person: means :Utah Code 68-3-12.5

Pre-existing parent: means :

(a)	a birth parent; or

(b)	an individual who, before an adoption decree is entered, is, due to an earlier adoption decree, legally the parent of the child being adopted. See Utah Code 78B-6-103 Prospective adoptive parent: means an individual who seeks to adopt an adoptee. See Utah Code 78B-6-103
(a)	the time the pre-existing parent’s parental rights are terminated; or

(b)	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 is adopted, is lawfully married to the person adopting the child are not released under Subsection (1)(b).

(3)	The parental rights and duties of a pre-existing parent who, at the time the child is adopted, is not lawfully married to the person adopting the child 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 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’s life;

(ii)	the pre-existing parent consents to the prospective adoptive parent’s adoption of the child, 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 78B-6-110;

(iv)	consent to the adoption is provided in accordance with Section 78B-6-120; and

(v)	the court finds that it is in the best interest of the child to grant the adoption without releasing the pre-existing parent from parental rights and duties.

(b)	This Subsection (4) does not permit a child to have more than two natural parents, as that term is defined in Section 80-1-102.

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

Amended by Chapter 262, 2021 General Session

Previous section

Next section

Part 1 Contents