10 More Q&As about Adoption in Utah

DISCLAIMER:  Please note that these questions and answers do not and are not intended to constitute legal advice on a particular situation.  Readers are encouraged to seek competent legal advice for their specific situation.

1. I want to adopt a child but I am concerned that the child’s grandparent will oppose my adoption petition.  What should I do?

   1. It depends.  The Utah Adoption Act (Utah Code 81-13-207) sets forth the persons who must be given notice of an adoption petition; grandmothers and grandfathers are not included in the list. 

2. What if the non-custodial birth father lives in another state?  How do we terminate his rights?

   1. First, a UALC attorney may call the birth father, explain the situation (the legal landscape), and ask if he wants to sign a consent to the adoption.  If he objects to the adoption, then UALC may need to gather evidence (i.e., interview witnesses, obtain court records and police reports, etc.) to support our petition for termination of the birth father’s parental rights.  We may need to have subpoenas issued in that other state through the Uniform Interstate Depositions and Discovery Act (UIDDA).  This usually involves having a court in the other state “domesticate” the subpoena and then we hire a process server (i.e., Sheriff’s deputy) to serve the subpoena.  Then, we use those out-of-state records (i.e., police reports) as exhibits in our litigation in Utah court.  We can also take witness depositions.  Sometimes, a birth father responds to his child writing a letter to him, telling him why the child wants to be adopted.  Each case is unique.

3. Will I need a home study?

   1. Some cases require a home study, which includes background check, interviews, a home inspection, etc.  A home study may cost roughly $1,000, perhaps more.  The formal legal name is a “preplacement adoptive evaluation,” but people often just say “home study.”  Home studies are usually done by licensed social workers.

   2. In foster child cases, DCFS handles the home study requirement.  Stepchild adoption cases do not require a home study, but the background checks are still required.  Most other cases--i.e., private adoptions–do require a home study.  However, if the child has lived with the adopting parents for over one year, a home study is likely not required.

4. What if the child has Native American ancestry?

   1. In these cases, we must comply with the Indian Child Welfare Act (ICWA).  This law essentially gives Native American tribes first dibs on Indian Child adoptions.  The goal is to have the child raised within the Tribe or within a Native American culture, if possible.  These cases cannot go forward without the Tribe’s consent.

   2. But, ICWA has two definitions of Indian Child: (1) a child that is a member of a federally recognized Indian tribe or (2) the biological child of a member of a federally recognized Indian tribe, and the child is eligible for membership in that tribe.

5. What if I live outside of Utah and I want to adopt a child born in Utah or about to be born in Utah?

   1. This situation requires evaluation under the Interstate Compact on Placement of Children (ICPC).  Generally, if you are related to the child or to his/her parent, the ICPC probably will not apply.  Similarly, if you are the child’s guardian, then the ICPC might not apply. 

   2. If the ICPC applies, then we must do extra paperwork and obtain approval from the Utah ICPC office which will coordinate and seek approval from the other state’s ICPC office.  These cases can be complex and require careful analysis.  We do not want to go through the ICPC process unless we must.

6. What if I have a criminal record?  Can I still adopt?

   1. It depends.  First of all, we must prove that adoption is in the best interest of the child.  In most stepparent adoptions, this is do-able.  But Utah Code 81-13-203 has a list of “disqualifying offenses,” a conviction for which may prevent someone from adopting in certain circumstances.  Disqualifying offenses include crimes like child abuse and domestic violence in the presence of a child.

   2. If the adopting parent (i.e., stepfather in many cases) has at least 10 years of good behavior since the date that he completed probation, then it may be possible to go forward with an adoption.  These cases require a thorough examination into the client’s rehabilitation so we can help the judge agree that the legal requirements are met and adoption is in the best interest of the child.  To help persuade the judge, we may obtain affidavits from the adopting father’s relatives, neighbors or clergy, explaining why the adopting father should be allowed to adopt.

7. Who can attend the adoption hearing?

   1. Adoption hearings are typically closed to the public.  The petitioner(s) and the adoptee(s) must attend.  Family and friends are welcome.

8. Can a minor birth mother place her child for adoption?

   1. Yes.  Before going further, let’s assume that the birth father consents to the adoption as well, or has filed to timely assert his parental rights.  Before 2025, the statute specifically stated that a birth parent who is a minor had legal capacity to relinquish his/her parental rights.  The current statute does not mention whether the parent is a minor but focuses on the parent-child relationship.

9. Do grandparents have rights in Utah?  Does a grandparent have a right to visit the child?

   1. Sometimes.  Generally, the parents decide whether to let grandma and grandpa see their grandchild.  However, Utah law (U.C.A. 30-5-2) gives grandparents the right to file a petition for visitation.  The grandparent must prove by clear and convincing evidence that he/she “has filled the role of custodian or caregiver to the grandchild that is in a manner akin to a parent.”  Babysitting the grandchild every Friday night will not suffice.

   2. If the grandparents overcome the parental presumption (i.e., parents decide whether grandparents should see the child), then the court’s inquiry will focus on whether grandparent visitation is in the best interest of the child.  The court will take into account various factors such as the relationship and history of the grandparents with the grandchild, the reasonableness of the parent’s decision to deny visitation, and the child’s desires if he or she is at least 14 years of age.  Again, an expert witness may help establish (or debunk) the grandparents’ claim.

10. Can the adopting parents pay for the birth mother’s prenatal and other expenses?

    1. Yes, and to be clear, this law applies to birth mothers and birth fathers.  Adopting parents may pay for the following:

       1. Legal costs.

       2. Maternity expenses.

       3. Medical and hospital expenses.

       4. Living expenses during pregnancy and up to two months after the date of delivery.

       5. Adoption fees.

       6. Counseling services.

       7. Travel expenses, i.e., between home and place of birth or placement

    2. The amounts paid must be reasonable and reported to the court.  The best practice is to keep track of such expenses as you go along.