Utah Adoption Laws

By Natalie Moritz | Legally reviewed by Laura Temme, Esq. | Last reviewed November 15, 2024

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Like in all states, state law regulates Utah adoptions. This includes:

  • Who can adopt
  • Who can get adopted
  • Other requirements to legally adopt another person

This page outlines adoption laws in Utah. It also includes a table summarizing the state's key adoption statutes.

Utah Adoptions: The Basics

Utah courts consider the best interests of the child in adoptions, just like in child custody cases. Utah adoptions must also follow federal laws, like the Indian Child Welfare Act.

In Utah, eligible married couples or single adults can adopt. State law does not allow cohabitating adults to adopt if they are not legally married. But a person with a live-in partner may adopt a relative, such as a niece or nephew.

Adoptive parents must also be at least 10 years older than the adoptee. If a married couple is adopting, only one parent must be at least 10 years older.

In most cases, adoptees 12 or older must consent to the adoption. If a court terminates a birth mother or birth father's parental rights, their consent is not needed to proceed with an adoption.

There are also distinct rules for adopting an adult in Utah.

Public Adoption vs. Private Adoptions in Utah

The primary difference between public adoption and private adoption is the source of the adopted child. Government agencies oversee public adoptions and place adoptees from the foster care system. Non-government adoption agencies or birth parents can arrange private adoptions.

Several types of adoptions typically fall under private adoptions:

  • Adoptions through child-placing agencies
  • Stepparent or relative adoptions
  • International adoptions
  • Independent adoptions

In independent adoptions, prospective adoptive parents and biological parents work together directly instead of through an adoption services agency. Parties use an adoption attorney to draw up legal paperwork and negotiate adoption terms.

The Utah Division of Children and Family Services manages public adoptions in the state. Prospective parents planning to adopt through the foster care system must meet several requirements, including:

  • Attending 24 hours of pre-adoption training (per parent)
  • Passing a background check
  • Completing the home study process

Contracted social workers from the Children's Service Society administer the home study and associated assessments.

After a finalized adoption, the state reimburses adoptive parents' legal expenses (up to $2,000 per child).

Public adoptions also tend to be less expensive than private adoptions. But, private adoptions can offer more flexibility with adoption terms, like for adoptive families and birth parents wanting an open adoption.

Public and private adoptions must follow state and federal adoption laws.

Adopting Native American Children in Utah

Special rules apply to adoptive families if the adoptee is a member of a tribal community or is eligible for tribal membership through one of their birth parents. The Indian Child Welfare Act is a federal law outlining several parameters for adoptions involving children with tribal affiliations.

Adoptive families or agencies must notify the child's tribe of a prospective adoption placement. Once notified, the tribe can intervene in the adoption case.

Table of Utah Adoption Laws

For full information on the adoption statute, see the Utah Adoption Act. The table below offers a snapshot of Utah's key legal requirements for adoption.

Code sections

 Utah Code Title 78B, Chapter 6, Part 1: Utah Adoption Act

Who can be adopted

 Any child or adult can be adopted if eligible, and they follow Utah adoption laws.

Consent of child

 A child who's at least 12 years old and any adults must consent to adoption if they have the mental capacity to consent.

Who can adopt

 Any adult can adopt but must have the consent of their spouse if married. A single person typically can adopt, but cohabitating couples who aren't married generally can't. Adoption by same-sex couples is legal in Utah and all states.

Home residency is required before finalization of adoption

 The home residency rule, or the time a child must live in the home before the adoption gets finalized, is usually six months. But for stepparents to adopt their spouse's children, the child must live with the stepparent for at least one year.

State agency

 In Utah, the state agency handling foster care and adoptions of children who can't be returned to their families of origin is Child and Family Services.

State court

 You can file the adoption petition in your local district court or the juvenile court for children who were abused or neglected or those whose parents have had their parental rights terminated in the juvenile court.

Statute of limitations to challenge

 Birth parents can contest adoption after entry of the final adoption decree, even in the case of fraudulent misrepresentation connected to the adoption. But it's possible to seek civil or criminal penalties for adoption fraud.

Note: State laws are constantly updated, whether by legislators, voters, or court decisions. It's best to verify these adoption laws by contacting a knowledgeable attorney who can analyze your unique case.

You can speak with a Utah adoption lawyer to ensure the process goes smoothly. Whether you're pursuing stepparent, international, or foster care adoption, a lawyer specializing in this area can explain applicable laws and help you explore your options.

Related Resources: Utah Law and Adoption Support

Legal Help for Utah Adoptive Parents

The adoption process is complex and overwhelming. An adoption attorney can help you navigate the many state and federal laws that govern adoption. Besides providing helpful legal advice, an experienced attorney can guide you through the adoption proceedings and advocate for you and your growing family.

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