(1)  As used in this section, “alien child” means a child under 16 years of age who is not considered a citizen or national of the United States by the United States Immigration and Naturalization Service.

Terms Used In Utah Code 78B-6-108

  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: means :Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
    • (2)  Any person adopting an alien child shall file with the petition for adoption written evidence from the United States Immigration and Naturalization Service that the child was inspected and:

    (a)  admitted into the United States for permanent residence;

    (b)  admitted into the United States temporarily in one of the lawful nonimmigrant categories specified in 8 U.S.C. § 1101(a)(15); or

    (c)  paroled into the United States pursuant to 8 U.S.C. § 1182(d)(5).

    (3)  The 1992 amendments to this section are retroactive to September 1, 1984. Any adoption decree entered after September 1, 1984, is considered valid if the requirements of Subsection (2), as amended, were met.

    Renumbered and Amended by Chapter 3, 2008 General Session

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