Utah Code 78B-6-109. Determination of rights prior to adoption petition

(1)

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Terms Used In Utah Code 78B-6-109

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

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

(a)

Any interested person may petition a court having jurisdiction over adoption proceedings for a determination of the rights and interests of any person who may claim an interest in a child under this part.

(b)

The petition described in Subsection (1) may be filed at any time before the finalization of the adoption, including before:

(i)	the child’s birth;

(ii)	a petition for adoption is filed; or

(iii)

a petition to terminate parental rights is filed.

(2)

If a petition for adoption or a petition to terminate parental rights has been filed in district court, the petitioner or any interested person may, without filing a separate petition, move the court for a determination of the rights and interests of any person who may claim an interest in a child under this part.

Amended by Chapter 237, 2010 General Session

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