Effective 10/1/2023

78B-6-105.  District court venue — Jurisdiction of juvenile court — Jurisdiction over nonresidents — Time for filing.

(1)

An adoption proceeding shall be commenced by filing a petition in: Ask a legal question, get an answer ASAP! Click here to chat with a lawyer about your rights. Terms Used In Utah Code 78B-6-105 v2 Adoptee: means a person who: (a)  is the subject of an adoption proceeding; or (b)  has been legally adopted. See Utah Code 78B-6-103 Adoption: means the judicial act that: (a)  creates the relationship of parent and child where it did not previously exist; and (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 Child-placing agency: means an agency licensed to place children for adoption under 1. See Utah Code 78B-6-103 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Person: means :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 Venue: The geographical location in which a case is tried. (a)  the district court in the district where the prospective adoptive parent resides; (b)  if the prospective adoptive parent is not a resident of this state, the district court in the 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; or (c)  the juvenile court as provided in Subsection 78A-6-103(2)(a)(xiv) and 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 petition for adoption: (a)  may be filed before the birth of a child; (b)  may be filed before or after the adoptee is placed in the home of the petitioner for the purpose of adoption; and (c)  shall be filed no later than 30 days after the day on which the adoptee is placed in the home of the petitioners for the purpose of adoption, unless: (i)  the time for filing has been extended by the court; or (ii)  the adoption is arranged by a child-placing agency in which case the agency may extend the filing time. (4)  (a)  If a person whose consent for the adoption is required under Section 78B-6-120 or 78B-6-121 cannot be found within the state, the fact of the minor’s presence within the state shall confer jurisdiction on the court in proceedings under this chapter as to such absent person, provided that 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 mother without her consent. (5)  Service of notice described in Subsection (6) 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. (6)  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. (7)  Computation of periods of time not otherwise set forth in this section shall be made in accordance with the Utah Rules of Civil Procedure. Amended by Chapter 115, 2023 General Session   Previous section Next section    Part 1 Contents