Utah Code § 81-13-301 Definitions for part.
81-13-301. Definitions for part.
Reserved.
Enacted by Chapter 426, 2025 General Session
Adoption of an Adult
Utah Code tit. 81, ch. 81-13, pt. 81-13-P3
in effectUtah Code § 81-13-302 Who may adopt an adult.
81-13-302. Who may adopt an adult.
(1) Except as provided in Subsections (2) and (3), an adult may adopt another adult.
(2) A married adult who is lawfully separated from the married adult's spouse may not adopt another adult without the consent of the married adult's spouse if the spouse is capable of giving consent.
(3) An individual adopting an adult may not adopt the adult unless:
(a) the individual is at least 10 years older than the adult; or
(b) at least one individual of a married couple is at least 10 years older than the adult if a married couple is adopting the adult.
(4) The placement requirements described in Part 4, Placement of a Minor Child or Vulnerable Adult for Adoption, apply to an adult adoptee that is a vulnerable adult regardless of whether the adult adoptee resides, or will reside, with the adoptive parents, unless the court waives the placement requirements upon a finding of good cause.
Renumbered and Amended by Chapter 426, 2025 General Session
Utah Code § 81-13-303 Notice of adoption of an adult.
81-13-303. Notice of adoption of an adult.
(1)
(a) Except as provided in Subsection (1)(c), a petitioner in an adoption proceeding shall serve notice of the proceeding on:
(i) the adult adoptee;
(ii) the spouse of the petitioner if the petitioner is married;
(iii) any legally appointed guardian or custodian of the adult adoptee; and
(iv) the spouse of the adult adoptee if the adult adoptee is married.
(b) The petitioner shall serve the notice described in Subsection (1)(a) at least 30 days before the day on which the adoption is finalized.
(c) The notice described in Subsection (1)(a) may be waived, in writing, by the person entitled to receive notice.
(2) The notice described in Subsection (1):
(a) shall specifically state that the person served must respond to the petition within 30 days of service if the person intends to intervene in the adoption proceeding;
(b) shall state the name of the adult adoptee;
(c) may not state the name of a person adopting the adult adoptee, unless the person consents, in writing, to disclosure of the person's name;
(d) with regard to a person described in Subsection (1)(a):
(i) except as provided in Subsection (2)(a), shall be in accordance with the provisions of the Utah Rules of Civil Procedure; and
(ii) may not be made by publication; and
(e) with regard to the spouse of the adult adoptee, may be made:
(i) in accordance with the provisions of the Utah Rules of Civil Procedure;
(ii) by certified mail, return receipt requested; or
(iii) by publication, posting, or other means if:
(A) the service described in Subsection (2)(e)(ii) cannot be completed after two attempts; and
(B) the court issues an order providing for service by publication, posting, or other means.
(3) Proof of service of the notice on each person to whom notice is required by this section shall be filed with the court before the adoption is finalized.
(4)
(a) Any person who is served with notice of a proceeding for the adoption of an adult adoptee and who wishes to intervene in the adoption shall file a motion in the adoption proceeding:
(i) within 30 days after the day on which the person is served with notice of the adoption proceeding;
(ii) that sets forth the specific relief sought; and
(iii) that is accompanied by a memorandum specifying the factual and legal grounds upon which the motion is made.
(b) A person who fails to file the motion described in Subsection (4)(a) within the time described in Subsection (4)(a)(i):
(i) waives any right to further notice of the adoption proceeding; and
(ii) is barred from intervening in, or bringing or maintaining any action challenging, the adoption proceeding.
(5) Except as provided in Subsection (6), after a court enters a final decree of adoption of an adult adoptee, the adult adoptee shall:
(a) serve notice of the finalization of the adoption, in accordance with the Utah Rules of Civil Procedure, on each person who was a legal parent of the adult adoptee before the final decree of adoption described in this Subsection (5) was entered; and
(b) file with the court proof of service of the notice described in Subsection (5)(a).
(6) A court may waive the notification requirement described in Subsection (5) upon a finding of good cause.
Renumbered and Amended by Chapter 426, 2025 General Session
Utah Code § 81-13-304 Necessary consent to adoption of an adult -- Persons who may take consents.
81-13-304. Necessary consent to adoption of an adult -- Persons who may take consents.
(1) The following persons are required to consent to an adoption of an adult adoptee before the adoption is granted:
(a) the adult adoptee;
(b) any individual who is adopting the adult adoptee;
(c) the spouse of the individual adopting the adult adoptee if the individual is married; and
(d) any legally appointed guardian or custodian of the adult adoptee.
(2) An adult adoptee shall sign a consent before:
(a) the court with jurisdiction over the adoption proceeding; or
(b) a person appointed by the court to take the consent.
(3) If the consent of the adult adoptee is taken out of state, the adult adoptee shall sign the consent before:
(a) a person authorized or appointed to take a consent by a court of this state that has jurisdiction over adoption proceedings;
(b) a court that has jurisdiction over adoption proceedings in the state where the consent is taken; or
(c) a person authorized, under the laws of the state where the consent is taken, to take a consent of the adult adoptee.
(4) A person other than the adult adoptee may sign the consent before a notary or any person authorized to take the consent as described in Subsection (2) or (3).
(5) A person authorized by Subsection (2) or (3) to take a consent shall certify to the best of the person's information and belief that the person executing the consent has read and understands the consent and has signed the consent freely and voluntarily.
(6) A person executing a consent is entitled to receive a copy of the consent.
(7) A signature described in Subsection (2)(b) or (3)(a), shall be:
(a) notarized; or
(b) witnessed by two individuals who are not members of the adult adoptee's immediate family.
Enacted by Chapter 426, 2025 General Session
Utah Code § 81-13-305 Final decree of adoption of an adult -- Agreement by adoptive parent or parents.
81-13-305. Final decree of adoption of an adult -- Agreement by adoptive parent or parents.
(1) Before entering a final decree of adoption of an adult adoptee, the court shall examine separately each person appearing before the court in accordance with this chapter.
(2) If the court is satisfied that the interests of the adult adoptee will be promoted by the adoption, the court shall enter a final decree of adoption declaring that:
(a) the adult adoptee is adopted by the adoptive parent or parents; and
(b) the adult adoptee is regarded and treated in all respects as the child of the adoptive parent or parents.
(3) Before the court enters a final decree of adoption of an adult adoptee, the prospective adoptive parent or parents and the adult adoptee shall:
(a) appear before the court;
(b) execute a consent to the adoption as described in Section 81-13-304; and
(c) execute an agreement stating that the adult adoptee shall be adopted and treated in all respects as the adoptive parent's or parents' own lawful child.
(4) When a final decree of adoption is entered, the adult adoptee may take the family name of the adoptive parent or parents.
(5) After a final decree of adoption is entered, the adoptive parent or parents and the adult adoptee shall:
(a) sustain the legal relationship of a parent and child; and
(b) have all the rights and be subject to all the duties of a parent-child relationship.
Enacted by Chapter 426, 2025 General Session
Utah Code § 81-13-306 Effect of adoption of an adult on pre-existing parent.
81-13-306. Effect of adoption of an adult on pre-existing parent.
(1) A pre-existing parent of an adult adoptee:
(a) is released from all parental rights and duties toward and all responsibilities for the adult adoptee, including residual parental rights and duties, as defined in Section 80-1-102; and
(b) has no further parental rights or duties with regard to the adult adoptee at the earlier of:
(i) the time the pre-existing parent's parental rights are terminated; or
(ii) 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 adult adoptee is adopted, is lawfully married to the individual adopting the adult adoptee are not released under Subsection (1)(b).
(3) The parental rights and duties of a pre-existing parent who, at the time the adult adoptee is adopted, is not lawfully married to the individual adopting the adult adoptee are released under Subsection (1)(b).
(4)
(a) Notwithstanding the provisions of this section, the court may allow a prospective adoptive parent to adopt an adult adoptee 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 adult adoptee's life;
(ii) the pre-existing parent consents to the prospective adoptive parent's adoption of the adult adoptee 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 81-13-303;
(iv) consent to the adoption is provided in accordance with Section 81-13-304; and
(v) the court finds that it is in the best interest of the adult adoptee to grant the adoption without releasing the pre-existing parent from parental rights and duties.
(b) This Subsection (4) does not permit an adult adoptee to have more than two parents.
(5) This section may not be construed as terminating any child support obligation of a parent incurred before the adoption.
Enacted by Chapter 426, 2025 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title81/Chapter13/81-13-P3.html?v=C81-13-P3_2025090120250507Fetched: 10/26/2026