Utah Code 78B-6-120.1. Implied consent
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(1) As used in this section:
Terms Used In Utah Code 78B-6-120.1
- Adoptee: means a person who:(1)(a) is the subject of an adoption proceeding; or(1)(b) has been legally adopted. See Utah Code 78B-6-103
- 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 Subsections78B-6-138 (2) and (4), terminates the parental rights of any other person with respect to the child. See Utah Code 78B-6-103- Birth mother: means the biological mother of a child. See Utah Code 78B-6-103
- Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
- Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
- 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- Unmarried biological father: means a man who:
(28)(a) is the biological father of a child; and(28)(b) was not married to the biological mother of the child described in Subsection (28)(a) at the time of the child's conception or birth. See Utah Code 78B-6-103(1)(a) “Abandonment” means failure of a father, with reasonable knowledge of the pregnancy, to offer and provide financial and emotional support to the birth mother for a period of six months before the day on which the adoptee is born.(1)(b) “Emotional support” means a pattern of statements or actions that indicate to a reasonable person that a father intends to provide for the physical and emotional well-being of an unborn child.(2)(2)(a) A court may not determine that a father abandoned the birth mother if the father failed to provide financial or emotional support because the birth mother refused to accept support.(2)(b) A court may not find that a father failed to provide emotional support if the father’s failure was due to impossibility of performance.(3) Consent or relinquishment, as required by Subsection 78B-6-120(1), may be implied by any of the following acts:(3)(a) abandonment;(3)(b) leaving the adoptee with a third party, without providing the third party with the parent’s identification, for 30 consecutive days;(3)(c) knowingly leaving the adoptee with another person, without providing for support, communicating, or otherwise maintaining a substantial relationship with the adoptee, for six consecutive months; or(3)(d) receiving notification of a pending adoption proceeding under Subsection 78B-6-110(6) or of a termination proceeding under Section 78B-6-112 and failing to respond as required.(4) Implied consent under Subsection (3) may not be withdrawn. - Adoption: means the judicial act that: