§ 78B-6-101 Title
§ 78B-6-102 Legislative intent and findings — Best interest of child — Interests of each party
§ 78B-6-103 Definitions
§ 78B-6-104 Limitations
§ 78B-6-105 District court venue — Jurisdiction of juvenile court — Jurisdiction over nonresidents — Time for filing
§ 78B-6-105 v2 District court venue — Jurisdiction of juvenile court — Jurisdiction over nonresidents — Time for filing
§ 78B-6-106 Responsibility for own actions — Fraud or misrepresentation
§ 78B-6-107 Compliance with the Interstate Compact on Placement of Children — Compliance with the Indian Child Welfare Act
§ 78B-6-108 Alien child — Evidence of lawful admission to United States required
§ 78B-6-109 Determination of rights prior to adoption petition
§ 78B-6-110 Notice of adoption proceedings
§ 78B-6-110 v2 Notice of adoption proceedings
§ 78B-6-110.1 Prebirth notice to presumed father of intent to place a child for adoption
§ 78B-6-110.5 Out-of-state birth mothers and adoptive parents — Declaration regarding potential birth fathers
§ 78B-6-111 Criminal sexual offenses
§ 78B-6-112 District court jurisdiction over termination of parental rights proceedings
§ 78B-6-113 Prospective adoptive parent not a resident — Preplacement requirements
§ 78B-6-114 Adoption by married persons — Consent
§ 78B-6-115 Who may adopt — Adoption of adult
§ 78B-6-116 Notice and consent for adoption of an adult
§ 78B-6-117 Who may adopt — Adoption of minor
§ 78B-6-118 Relative ages
§ 78B-6-119 Counseling for parents
§ 78B-6-120 Necessary consent to adoption or relinquishment for adoption
§ 78B-6-120.1 Implied consent
§ 78B-6-121 Consent of unmarried biological father
§ 78B-6-121.5 Compact for Interstate Sharing of Putative Father Registry Information — Severability clause
§ 78B-6-122 Qualifying circumstance
§ 78B-6-122.5 Effect of out-of-state paternity adjudication, declaration, or acknowledgment
§ 78B-6-123 Power of a minor to consent or relinquish
§ 78B-6-124 Persons who may take consents and relinquishments
§ 78B-6-125 Time period prior to birth mother’s consent
§ 78B-6-126 When consent or relinquishment effective
§ 78B-6-127 Parents whose rights have been terminated
§ 78B-6-128 Preplacement adoptive evaluations — Exceptions
§ 78B-6-129 Postplacement adoptive evaluations
§ 78B-6-130 Preplacement and postplacement adoptive evaluations — Review by court
§ 78B-6-131 Child in custody of state — Placement
§ 78B-6-133 Contested adoptions — Rights of parties — Determination of custody
§ 78B-6-134 Custody pending final decree
§ 78B-6-136 Final decree of adoption — Agreement by adoptive parent or parents
§ 78B-6-136.5 Timing of entry of final decree of adoption — Posthumous adoption
§ 78B-6-137 Decree of adoption — Best interest of child — Legislative findings
§ 78B-6-138 Pre-existing parent’s rights and duties dissolved
§ 78B-6-139 Name and status of adopted child
§ 78B-6-140 Itemization of fees and expenses — Reporting
§ 78B-6-141 Court hearings may be closed — Petition and documents sealed — Exceptions
§ 78B-6-142 Adoption order from foreign country
§ 78B-6-143 Nonidentifying health history of adoptee filed with office — Limited availability
§ 78B-6-144 Mutual-consent, voluntary adoption registry — Procedures — Fees
§ 78B-6-144.5 Adoption records fees
§ 78B-6-145 Restrictions on disclosure of information — Violations — Penalty
§ 78B-6-146 Postadoption contact agreements

Terms Used In Utah Code > Title 78B > Chapter 6 > Part 1 - Utah Adoption Act

  • Adoptee: means a person who:
    (a) is the subject of an adoption proceeding; or
    (b) has been legally adopted. See Utah Code 78B-6-103
  • 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
  • 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
  • Adoption service provider: means :
    (a) a child-placing agency;
    (b) a licensed counselor who has at least one year of experience providing professional social work services to:
    (i) adoptive parents;
    (ii) prospective adoptive parents; or
    (iii) birth parents; or
    (c) the Office of Licensing within the Department of Health and Human Services. 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
  • 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
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Birth mother: means the biological mother of a child. 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
    (ii) has not denied paternity; or
    (d) an unmarried biological father. See Utah Code 78B-6-103
  • Child-placing agency: means an agency licensed to place children for adoption under 1. See Utah Code 78B-6-103
  • Cohabiting: means residing with another person and being involved in a sexual relationship with that person. See Utah Code 78B-6-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the Division of Child and Family Services, within the Department of Health and Human Services, created in Section 80-2-201. See Utah Code 78B-6-103
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Extra-jurisdictional child-placing agency: means an agency licensed to place children for adoption by a district, territory, or state of the United States, other than Utah. See Utah Code 78B-6-103
  • Fraud: Intentional deception resulting in injury to another.
  • Genetic and social history: means a comprehensive report, when obtainable, that contains the following information on an adoptee's birth parents, aunts, uncles, and grandparents:
    (a) medical history;
    (b) health status;
    (c) cause of and age at death;
    (d) height, weight, and eye and hair color;
    (e) ethnic origins;
    (f) where appropriate, levels of education and professional achievement; and
    (g) religion, if any. See Utah Code 78B-6-103
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Health history: means a comprehensive report of the adoptee's health status at the time of placement for adoption, and medical history, including neonatal, psychological, physiological, and medical care history. 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.
  • Licensed counselor: means an individual who is licensed by the state, or another state, district, or territory of the United States as a:
    (a) certified social worker;
    (b) clinical social worker;
    (c) psychologist;
    (d) marriage and family therapist;
    (e) clinical mental health counselor; or
    (f) an equivalent licensed professional of another state, district, or territory of the United States. See Utah Code 78B-6-103
  • Man: means a male individual, regardless of age. 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
  • 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.
  • 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
  • Person: means :Utah Code 68-3-12.5
  • Potential birth father: means a man who:
    (a) is identified by a birth mother as a potential biological father of the birth mother's child, but whose genetic paternity has not been established; and
    (b) was not married to the biological mother of the child described in Subsection (23)(a) at the time of the child's conception or birth. See Utah Code 78B-6-103
  • 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
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Prospective adoptive parent: means an individual who seeks to adopt an adoptee. See Utah Code 78B-6-103
  • Relative: means :
    (a) an adult who is a grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, sibling of a child, or first cousin of a child's parent; and
    (b) in the case of a child defined as an "Indian child" under the Indian Child Welfare Act, 25 U. See Utah Code 78B-6-103
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See 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
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Unmarried biological father: means a man who:
    (a) is the biological father of a child; and
    (b) was not married to the biological mother of the child described in Subsection (27)(a) at the time of the child's conception or birth. See Utah Code 78B-6-103
  • Venue: The geographical location in which a case is tried.
  • Writing: includes :Utah Code 68-3-12.5