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General Provisions

Utah Code tit. 81, ch. 81-13, pt. 81-13-P1
in effect

Utah Code § 81-13-101 Definitions for chapter.

81-13-101. Definitions for chapter. As used in this chapter: (1) "Adoptee" means: (a) a child adoptee; or (b) an adult adoptee. (2) "Adoption" means the process by which an individual seeks to: (a) create the legal relationship of parent and child where the relationship did not previously exist; and (b) except as provided in Subsections 81-13-220(2) and (4) and Subsections 81-13-306(2) and (4), terminate the parental rights of any other individual with respect to the child. (3) "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. (4) "Adoption proceeding" means any proceeding under this chapter. (5) "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. (6) "Adoptive parent" means an individual who has legally adopted an adoptee. (7) "Adult" means an individual who is 18 years old or older. (8) "Adult adoptee" means an individual: (a) who is an adult and is the subject of an adoption proceeding; or (b) who was adopted when the individual was an adult. (9) "Adult sibling" means an individual: (a) who is a child adoptee's brother or sister; (b) who is 18 years old or older; and (c) whose birth parent is the same as that of the child adoptee. (10) "Birth mother" means the same as that term is defined in Section 81-5-102. (11) "Birth parent" means: (a) an individual that has a parent-child relationship with an adoptee as described in Section 81-5-201; (b) a man who: (i) has been identified as the father of an adoptee by the adoptee's birth mother; and (ii) has not denied paternity; or (c) an unmarried biological father. (12) "Child adoptee" means an individual: (a) who is a minor child and is the subject of an adoption proceeding; or (b) who was adopted when the individual was a minor child. (13) "Child-placing agency" means an agency licensed to place a minor child for adoption under Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities. (14) "Cohabiting" means residing with another individual and being involved in a sexual relationship with that individual. (15) "Division" means the Division of Child and Family Services, within the Department of Health and Human Services, created in Section 80-2-201. (16) "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. (17) "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. (18) "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. (19) "Identifying information" means information that is in the possession of the office and that contains: (a) the name and address of: (i) a pre-existing parent; or (ii) a child adoptee who is 18 years old or older; or (b) other specific information that by itself or in reasonable conjunction with other information may be used to identify a pre-existing parent or child adoptee, including information on a birth certificate or in an adoption document. (20) "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. (21) "Man" means a male individual of any age. (22) "Office" means the Office of Vital Records and Statistics within the Department of Health and Human Services operating under Title 26B, Chapter 8, Part 1, Vital Statistics. (23) "Potential birth father" means a man who: (a) is identified by a birth mother as a potential biological father of the birth mother's minor child, but whose genetic paternity has not been established; and (b) was not married to the birth mother of the minor child described in Subsection (23)(a) at the time of the minor child's conception or birth. (24) (a) "Pre-existing parent" means an individual who is an adoptee's birth parent before an adoption decree is entered for the adoptee. (b) "Pre-existing parent" includes an individual who is legally the parent of the adoptee, due to an earlier adoption decree, before an adoption decree is entered for the adoptee. (25) "Prospective adoptive parent" means an individual who seeks to adopt an adoptee. (26) "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 minor child, or first cousin of a minor child's parent; or (b) in the case of a minor child who is an "Indian child" under the Indian Child Welfare Act, 25 U.S.C. Sec. 1903, an "extended family member" as defined by that statute. (27) "Unmarried biological father" means a man who: (a) is the biological father of a minor child; and (b) was not married to the birth mother of the minor child described in Subsection (27)(a) at the time of the minor child's conception or birth. (28) "Vulnerable adult" means: (a) an individual who is 65 years old or older; or (b) an adult who has a mental or physical impairment that substantially affects that adult's ability to: (i) provide personal protection; (ii) provide necessities such as food, shelter, clothing, or medical or other health care; (iii) obtain services necessary for health, safety, or welfare; (iv) carry out the activities of daily living; (v) manage the adult's own resources; or (vi) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-13-102 Venue for an adoption proceeding.

81-13-102. Venue for an adoption proceeding. (1) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person shall bring an adoption proceeding in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration: (a) in the judicial district where the prospective adoptive parent resides; (b) if the prospective adoptive parent is not a resident of this state, in the judicial district where: (i) the adoptee was born; (ii) the adoptee resides on the day on which the petition is filed; or (iii) a parent of the proposed adoptee resides on the day on which the petition is filed if the proposed adoptee is a minor child; or (c) if the adoption proceeding is brought in the juvenile court, as described in Subsection 78A-6-103(2)(a)(xiv) or (xv), in accordance with Section 78A-6-350. (2) All orders, decrees, agreements, and notices in an adoption proceeding shall be filed with the clerk of the court where the adoption proceeding is commenced under Subsection (1). (3) (a) If a person whose consent for the adoption is required under Section 81-13-212 or 81-13-213 cannot be found within the state, the fact of the adoptee's presence within the state shall confer jurisdiction on the court in proceedings under this chapter as to such absent person if due notice has been given in accordance with the Utah Rules of Civil Procedure. (b) The notice may not include the name of: (i) a prospective adoptive parent; or (ii) an unmarried birth mother without the unmarried birth mother's consent. (4) (a) In the case of service outside the state, service completed not less than five days before the time set in the notice for appearance of the person served is sufficient to confer jurisdiction. (b) Service of notice described in Subsection (4)(a) shall vest the court with jurisdiction over the person served in the same manner and to the same extent as if the person served was served personally within the state. (5) Computation of periods of time not otherwise described in this section shall be made in accordance with the Utah Rules of Civil Procedure. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-13-103 Court hearings -- Adoption documents -- Motion to intervene.

81-13-103. Court hearings -- Adoption documents -- Motion to intervene. (1) (a) Notwithstanding Section 80-4-106, the court may close to the public any court hearing regarding an adoption upon the request of a party to the petition for adoption. (b) In a closed hearing, the court may only admit the following individuals: (i) a party to the proceeding; (ii) the adoptee; (iii) a representative of an agency having custody of the adoptee; (iv) in a hearing to relinquish parental rights, the individual whose rights are to be relinquished and invitees of that individual to provide emotional support; (v) in a hearing on the termination of parental rights, the individual whose rights may be terminated; (vi) in a hearing on a petition to intervene, the proposed intervenor; (vii) in a hearing to finalize an adoption, invitees of the petitioner; and (viii) other individuals for good cause, upon order of the court. (2) Except as provided in Subsections (3) through (7), an adoption document and any other documents filed in connection with a petition for adoption are sealed. (3) A person may only inspect and copy the documents described in Subsection (2): (a) if the adoption proceeding is pending and the person is a party to the adoption proceeding; (b) within 180 days after the day on which the final decree of adoption is entered if the person is a party to the adoption proceeding; (c) if the court enters an order expressly permitting the inspection or copying the documents after the person filed a motion to intervene and the motion to intervene was granted on appeal; (d) if the court enters an order expressly permitting the inspection or copying of the documents after good cause is shown; (e) if the office is permitted to release the documents to the person as described in Section 81-13-504; (f) when the documents become public 100 years after the day on which the final decree of adoption was entered; (g) when the birth certificate becomes public 100 years after the day on which the adoptee was born; or (h) if the person is permitted access to the documents under Subsection (6) or (7). (4) A person who files a motion to intervene in an adoption proceeding: (a) is not a party to the adoption proceeding, unless the motion to intervene is granted; and (b) subject to Subsection (5), may not be granted access to the documents described in Subsection (2), unless the motion to intervene is granted. (5) If the court enters an order under Subsection (3)(c) or a potential birth father is made a party to the adoption proceeding upon a motion to intervene, the court shall: (a) prohibit the person described in Subsection (3)(c) or the potential birth father from inspecting a document described in Subsection (2) that contains identifying information of an adoptive or prospective adoptive parent; and (b) permit the person described in Subsection (3)(c) or the potential birth father to review a copy of the document described in Subsection (5)(a) after the identifying information of the adoptive or prospective adoptive parent is redacted from the document. (6) (a) Unless there is a court order sealing the documents, a child adoptee may inspect and copy the following documents associated with the child adoptee's adoption, without a court order, regardless of the date of the adoption, if the child adoptee is 18 years old or older: (i) the report of adoption; (ii) the original birth certificate; (iii) the findings of fact for the adoption; and (iv) the final decree of adoption. (b) The physical addresses of a pre-existing parent shall be redacted before the child adoptee may inspect and copy the documents described in Subsection (6)(a). (c) A pre-existing parent of a child adoptee may bring a petition in the court that entered the final decree of adoption to keep the documents described in Subsection (6)(a) sealed for 10 years. (d) The pre-existing parent shall include in the petition sufficient information for the court to reliably determine the adoption documents at issue in the petition. (e) The court may only grant the petition described in Subsection (6)(c) if the pre-existing parent establishes by sworn affidavit that the child adoptee's access to the documents described in Subsection (6)(a) would place the pre-existing parent in reasonable fear of harm from an individual. (f) If the court grants a pre-existing parent's petition, the documents described in Subsection (6)(a) shall remain sealed for 10 years from the entry of the order, unless the court permits access to the documents under Subsection (3)(d). (g) The pre-existing parent may bring a new petition every 10 years for an order extending the sealing of the documents described in Subsection (6)(a) for an additional 10 years. (h) The pre-existing parent shall file a petition described in Subsection (6)(g) before the expiration of the previous order. (i) A petition to extend the sealing of the documents described in Subsection (6)(a) shall satisfy all of the requirements described in Subsections (6)(c) through (e) for the original petition. (7) An adult adoptee, or the adoptive parent of the adult adoptee, may inspect an adoption document associated with the adult adoptee's adoption without a court order, unless the final decree of adoption is entered by the juvenile court. (8) A pre-existing parent may not access the documents described in Subsection (2). Amended by Chapter 131, 2026 General Session

Utah Code § 81-13-104 Responsibility for own actions -- Fraud or misrepresentation.

81-13-104. Responsibility for own actions -- Fraud or misrepresentation. (1) Each parent of an adoptee conceived or born outside of marriage is responsible for the parent's own actions and is not excused from strict compliance with the provisions of this chapter based upon any action, statement, or omission of the other parent or third parties. (2) (a) Any person injured by fraudulent representations or actions in connection with an adoption is entitled to pursue civil or criminal penalties in accordance with existing law. (b) A fraudulent representation is not a defense to strict compliance with the requirements of this chapter and is not a basis for dismissal of a petition for adoption, vacation of an adoption decree, or an automatic grant of custody to the offended party. (c) For a child adoptee, a custody determination shall be based on the best interests of the child adoptee in accordance with the provisions of Section 81-13-215. (3) A child-placing agency and the employees of a child-placing agency may not: (a) employ any device, scheme, or artifice to defraud; (b) engage in any act, practice, or course of business that operates or would operate as a fraud or deceit upon any person; (c) materially and intentionally misrepresent facts or information; or (d) request or require a prospective adoptive parent to grant, as a condition of or in connection with entering into an agreement with a child-placing agency, a release of either the prospective adoptive parent's claims or the adoptee's claims against the child-placing agency regarding any of the following: (i) criminal misconduct; (ii) ethical violations, as established by the Office of Licensing's administrative rules; (iii) bad faith; (iv) intentional torts; (v) fraud; (vi) gross negligence associated with care of the adoptee, as described in Subsection 81-13-210(2); (vii) future misconduct that may arise before the adoption is finalized; (viii) breach of contract; or (ix) gross negligence. (4) Subsection (3) does not prohibit a release of claims against a child-placing agency or a child-placing agency's employees for liability arising from the acts or the failure to act of a third party. Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-13-105 Adoption order from foreign country.

81-13-105. Adoption order from foreign country. (1) Except as otherwise provided by federal law, an adoption order rendered to a resident of this state that is made by a foreign country shall be recognized by the courts of this state and enforced as if the order were rendered by a court in this state. (2) An individual who adopts an adoptee in a foreign country may register the order in this state. (3) A petition for registration of a foreign adoption order may be combined with a petition for a name change. (4) If the court finds that the foreign adoption order meets the requirements of Subsection (1), the court shall order the office to: (a) file the order; and (b) file a certificate of birth for the adoptee in accordance with Section 26B-8-131. (5) If a clerk of the court is unable to establish the fact, time, and place of birth from the documentation provided, a person holding a direct, tangible, and legitimate interest as described in Subsection 26B-8-125(3)(a) or (b) may petition for a court order establishing the fact, time, and place of a birth in accordance with Subsection 26B-8-119(1). Renumbered and Amended by Chapter 426, 2025 General Session

Utah Code § 81-13-106 Compact for Interstate Sharing of Putative Father Registry Information -- Severability clause.

81-13-106. Compact for Interstate Sharing of Putative Father Registry Information -- Severability clause. COMPACT FOR INTERSTATE SHARING OF PUTATIVE FATHER REGISTRY INFORMATION ARTICLE I PURPOSE This compact enables the sharing of putative father registry information collected by a state that is a party to the compact with all other states that are parties to the compact. ARTICLE II DEFINITIONS (1) "Putative father" means a man who may be the biological father of a child because the man had a sexual relationship with a woman to whom he is not married. (2) "Putative father registry" mean a registry of putative fathers maintained and used by a state as part of its legal process for protecting a putative father's rights. (3) "State" includes a state, district, or territory of the United States. ARTICLE III ENTRY, WITHDRAWAL, AND AMENDMENTS (1) A state is a party to this compact upon enactment of this compact by the state into state law. (2) Upon providing at least 60 days' notice of withdrawal from this compact to each party to the compact and repealing the compact from state law, a state is no longer party to this compact. (3) This compact is amended upon enactment of the amendment into state law by each party to the compact. ARTICLE IV INTERSTATE SHARING OF PUTATIVE FATHER REGISTRY INFORMATION (1) A party to this compact shall communicate information in its putative father registry about a specific putative father to any other party to this compact in a timely manner upon request by the other party. (2) A party to this compact is not required to have a putative father registry in order to request putative father registry information from another party to the compact. (3) Putative father registry information requested by a party to this compact from another party to this compact is subject to the laws of the requesting party governing the privacy, retention, and authorized uses of putative father information or, if the requesting party does not have a putative father registry, the laws of the party supplying the information governing the privacy, retention, and authorized uses of putative father information. (4) Notwithstanding Article IV, Subsection (3) of this compact, the request for or receipt of putative father registry information by a party to this compact from another party to this compact does not affect the application of the requesting party's laws, including laws regarding adoption or the protection of a putative father's rights, except as explicitly provided by the requesting party's laws. (5) Failure by a party to this compact to provide accurate putative father registry information in a timely manner to another party to this compact upon request does not affect application of the requesting party's laws, including laws governing adoption and the protection of a putative father's rights, except as explicitly provided by the requesting party's laws. (6) Each party to this compact shall work with every other party to this compact to facilitate the timely communication of putative father registry information between compact parties upon request. ARTICLE V SEVERABILITY The provisions of this compact are severable. If any provision of this compact or the application of any provision of this compact to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction for a state that is a member of this compact, the remainder of this compact shall be given effect within that state without the invalid provision or application. If a provision of this compact is severed in one or more states as a result of one or more court decisions, the provision shall remain in force in all other states that are parties to this compact. Renumbered and Amended 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-P1.html?v=C81-13-P1_2025090120250507Fetched: 10/26/2026

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