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Terms Used In Utah Code 78B-6-140

  • Adoption: means the judicial act that:
         (2)(a) creates the relationship of parent and child where it did not previously exist; and
         (2)(b) except as provided in Subsections 78B-6-138(2) and (4), terminates the parental rights of any other person with respect to the child. See Utah Code 78B-6-103
  • Adoptive parent: means an individual who has legally adopted an adoptee. See Utah Code 78B-6-103
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Birth mother: means the biological mother of a child. See Utah Code 78B-6-103
  • Child-placing agency: means an agency licensed to place children for adoption under Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities. See Utah Code 78B-6-103
  • Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
  • 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. See Utah Code 78B-6-103
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Prospective adoptive parent: means an individual who seeks to adopt an adoptee. See Utah Code 78B-6-103
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
     (1)(a) Except as provided in Subsection (5), before the date that a final decree of adoption is entered, a prospective adoptive parent or, if the child was placed by a child-placing agency, the person or agency placing the child shall file with the court an affidavit regarding fees and expenses on a form prescribed by the Judicial Council in accordance with Subsection (2).
     (1)(b) An affidavit filed pursuant to Subsection (1)(a) shall be signed by each prospective adoptive parent and, if the child was placed by a child-placing agency, the person or agency placing the child.
     (1)(c) The court shall review an affidavit filed under this section for completeness and compliance with the requirements of this section.
     (1)(d) The results of the court’s review under Subsection (1)(c) shall be noted in the court’s record.
(2)

     (2)(a) The Judicial Council shall prescribe a uniform form for the affidavit described in Subsection (1).
     (2)(b) The uniform affidavit form shall require itemization of the following items in connection with the adoption:

          (2)(b)(i) all legal expenses that have been or will be paid to or on behalf of the preexisting parents of the child, including the source of payment;
          (2)(b)(ii) all maternity expenses that have been or will be paid to or on behalf of the preexisting parents of the child, including the source of payment;
          (2)(b)(iii) all medical or hospital expenses that have been or will be paid to or on behalf of the preexisting parents of the child, including the source of payment;
          (2)(b)(iv) all living expenses that have been or will be paid to or on behalf of the preexisting parents of the child, including the source of payment;
          (2)(b)(v) fees paid by the prospective adoptive parent or parents in connection with the adoption;
          (2)(b)(vi) all gifts, property, or other items that have been or will be provided to the preexisting parents, including the source and approximate value of the gifts, property, or other items;
          (2)(b)(vii) all public funds used for any medical or hospital costs in connection with the:

               (2)(b)(vii)(A) pregnancy;
               (2)(b)(vii)(B) delivery of the child; or
               (2)(b)(vii)(C) care of the child; and
          (2)(b)(viii) if a child-placing agency placed the child:

               (2)(b)(viii)(A) a description of services provided to the prospective adoptive parents or preexisting parents in connection with the adoption;
               (2)(b)(viii)(B) all expenses associated with matching the prospective adoptive parent or parents and the birth mother;
               (2)(b)(viii)(C) all expenses associated with advertising; and
               (2)(b)(viii)(D) any other agency fees or expenses paid by an adoptive parent that are not itemized under one of the other categories described in this Subsection (2)(b), including a description of the reason for the fee or expense.
     (2)(c) The uniform affidavit form shall require:

          (2)(c)(i) a statement of the state of residence of the:

               (2)(c)(i)(A) birth mother or the preexisting parents; and
               (2)(c)(i)(B) prospective adoptive parent or parents;
          (2)(c)(ii) a declaration that Section 76-7-203 has not been violated; and
          (2)(c)(iii) if the affidavit includes an itemized amount for both of the categories described in Subsections (2)(b)(iii) and (vii), a statement explaining why certain medical or hospital expenses were paid by a source other than public funds.
     (2)(d) To satisfy the requirement of Subsection (1)(a), the court shall accept an affidavit that is submitted in a form accepted by the Office of Licensing within the Department of Health and Human Services if the affidavit contains the same information and is in a reasonably equivalent format as the uniform affidavit form prescribed by the Judicial Council.
(3)

     (3)(a) If a child-placing agency, that is licensed by this state, placed the child, the child-placing agency shall provide a copy of the affidavit described in Subsection (1) to the Office of Licensing within the Department of Health and Human Services.
     (3)(b) Before August 30 of each even-numbered year, the Office of Licensing within the Department of Health and Human Services shall provide a written report to the Health and Human Services Interim Committee and to the Judicial Council regarding the cost of adoptions in the state that includes:

          (3)(b)(i) the total number of affidavits provided to the Office of Licensing during the previous year;
          (3)(b)(ii) for each of the categories described in Subsection (2)(b):

               (3)(b)(ii)(A) the average amount disclosed on affidavits submitted during the previous year; and
               (3)(b)(ii)(B) the range of amounts disclosed on affidavits submitted during the previous year;
          (3)(b)(iii) the average total amount disclosed on affidavits submitted during the previous year;
          (3)(b)(iv) the range of total amounts disclosed on affidavits submitted during the previous year; and
          (3)(b)(v) any recommended legislation that may help reduce the cost of adoptions.
     (3)(c) The Health and Human Services Interim Committee shall, based on information in reports provided under Subsection (3)(b) and in consultation with a consortium described in Subsection 26B-2-127(8), consider:

          (3)(c)(i) what constitutes reasonable fees and expenses related to adoption; and
          (3)(c)(ii) the standards that may be used to determine whether fees and expenses related to adoption are reasonable in a specific case.
(4) The Judicial Council shall make a copy of each report provided by the Office of Licensing under Subsection (3)(b) available to each court that may be required to review an affidavit under Subsection (1)(c).
(5) This section does not apply if the prospective adoptive parent is the legal spouse of a preexisting parent.

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