80-4-307. Voluntary relinquishment — Irrevocable.
| (1) |
The individual consenting to termination of parental rights or voluntarily relinquishing parental rights shall sign or confirm the consent or relinquishment under oath before:
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Terms Used In Utah Code 80-4-307- Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
- 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.
- 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
- 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
- Termination of parental rights: means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order. See Utah Code 80-1-102
| (a) |
a judge of any court that has jurisdiction over proceedings for termination of parental rights in this state or any other state, or a public officer appointed by that court for the purpose of taking consents or relinquishments; or |
| (b) |
except as provided in Subsection (2), any person authorized to take consents or relinquishments under Subsections 78B-6-124(1) and (2). |
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| (2) |
Only the juvenile court is authorized to take consents or relinquishments from a parent who has any child who is in the custody of a state agency or who has a child who is otherwise under the jurisdiction of the juvenile court. |
| (3) |
The court, appointed officer, or other authorized person shall certify to the best of that person’s information and belief that the individual executing the consent or relinquishment has read and understands the consent or relinquishment and has signed the consent or relinquishment freely and voluntarily. |
| (4) |
A voluntary relinquishment or consent for termination of parental rights is effective when the voluntary relinquishment or consent is signed and may not be revoked. |
| (5) |
| (a) |
The requirements and processes described in Section 80-4-104, Sections 80-4-301 through 80-4-304, and 2, do not apply to a voluntary relinquishment or consent for termination of parental rights. |
| (b) |
When determining voluntary relinquishment or consent for termination of parental rights, the juvenile court need only find that the relinquishment or termination is in the child’s best interest. |
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| (6) |
| (a) |
There is a presumption that voluntary relinquishment or consent for termination of parental rights is not in the child’s best interest where it appears to the juvenile court that the primary purpose for relinquishment or consent for termination is to avoid a financial support obligation. |
| (b) |
The presumption described in Subsection (6)(a) may be rebutted if the juvenile court finds the relinquishment or consent to termination of parental rights will facilitate the establishment of stability and permanency for the child. |
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| (7) |
Upon granting a voluntary relinquishment the juvenile court may make orders relating to the child’s care and welfare that the juvenile court considers to be in the child’s best interest. |
Amended by Chapter 274, 2022 General Session
