Family Law Section

Adoption

In adoptions, the adoptive parents and the child will be required to be present in court. The judge must have the opportunity to see that the adopting parents understand their rights and obligations and agree to both.

In the District Court, other family members are allowed to be present. In the juvenile court, that would not be possible without special permission from the judge. Some courts will allow pictures to be taken. You should always check with the court or your lawyer to see what is allowed.

• Adoption Families Magazine: When you adopt under the laws of another country
• Adoptive Families Magazine: Adoption guide ordering
• Adoptive Families Magazine: Information about adoption attorneys
• Utah's Adoption Connection

Frequently Asked Questions about Adoptions

1. Do I have to adopt through an agency?

No. Private adoptions are legal and acceptable. You will still be required to meet the legal qualifications, and licensed child placing agencies are very familiar with the necessary steps and requirements.

2. Do we have to actually appear in court?

Yes. The court will need to receive the consent of the parents in court.

3. Do I have to have an attorney?

No, but the paperwork must all be properly be completed for the adoption to be valid.

4. Can the licensed child-placing agency represent me in court?

No. Only an attorney can represent another person in court.

5. Who may adopt?

A minor child may be adopted by adults who are legally married to each other or by a single adult who is not cohabiting with another person. At least one of the parents or the single person must be at least 10 years older than the child.

6. How long until an adoption is final?

If a stepparent adopts the child, the child must live with both the biological parent and the stepparent for one year. For other adoptions, the period is 6 months.

7. Do I have to have the consent of my ex-spouse in order for my new spouse to adopt my children?

Yes. Unless the parental rights of your ex-spouse have been terminated, you need their permission to adopt.

8. Does the child have to consent?

If the child is over the age of 12 and has the ability to consent, consent is required.

9. If I adopt my new spouse’s children and we later divorce, will I be responsible for child support?

Yes. Once a child is adopted, that parent has all of the rights and responsibilities of any parent. The adopted child will also have the right to inherit from you.

10. How long must I wait before I can adopt my stepchildren?

If the adoptive parent is the spouse of the birth parent, the final decree may not enter until the child has lived with the adoptive parent for one year.

SPECIAL NEEDS ADOPTIONS

11. What if I adopt a special needs child?

The state has a program for those interested in adopting children with special needs. That may include groups of siblings who need to be adopted together or those with emotional or physical challenges. For more information, click here.

12. What factors should I consider before I adopt a special needs child?

You should be thoroughly informed about the child’s history. Get information from trained experts about the challenges that you may experience. There may be funds available to help with the financial costs, but there may be other challenges as well.

13. I am a foster parent and would like to adopt the child? Can the state allow me to do that without the consent of the parents?

If the parents do not consent to the adoption, the State would have to prove that the parental rights of both parents should be terminated. That can be a lengthy process.

INTERNATIONAL ADOPTION

14. Why do I have to “readopt” my child after completing an adoption in a foreign country?

The process you went through to adopt in the foreign country was governed by the laws of that country and the federal laws regarding immigration and naturalization. You need to readopt your child in accordance with the state law. Once readoption is complete, you will be able to obtain a birth certificate with you as the parent. Since birth certificates are required for so many things, that is very helpful. Also, the law recently changed so those children who are adopted before the age of 16 automatically become United States Citizens. That was not true in the past.