Utah Code 78B-6-124. Persons who may take consents and relinquishments
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(1) A consent or relinquishment by a birth mother or an adoptee shall be signed before:
Terms Used In Utah Code 78B-6-124
- 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
- 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
- Extra-jurisdictional child-placing agency: means an agency licensed to place children for adoption by a district, territory, or state of the United States, other than Utah. 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.
- 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- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- 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) a judge of any court that has jurisdiction over adoption proceedings;(1)(b) subject to Subsection (6), a person appointed by the judge described in Subsection (1)(a) to take consents or relinquishments; or(1)(c) subject to Subsection (6), a person who is authorized by a child-placing agency to take consents or relinquishments, if the consent or relinquishment grants legal custody of the child to a child-placing agency or an extra-jurisdictional child-placing agency.(2) If the consent or relinquishment of a birth mother or adoptee is taken out of state it shall be signed before:(2)(a) subject to Subsection (6), a person who is authorized by a child-placing agency to take consents or relinquishments, if the consent or relinquishment grants legal custody of the child to a child-placing agency or an extra-jurisdictional child-placing agency;(2)(b) subject to Subsection (6), a person authorized or appointed to take consents or relinquishments by a court of this state that has jurisdiction over adoption proceedings;(2)(c) a court that has jurisdiction over adoption proceedings in the state where the consent or relinquishment is taken; or(2)(d) a person authorized, under the laws of the state where the consent or relinquishment is taken, to take consents or relinquishments of a birth mother or adoptee.(3) The consent or relinquishment of any other person or agency as required by Section 78B-6-120 may be signed before a Notary Public or any person authorized to take a consent or relinquishment under Subsection (1) or (2).(4) A person, authorized by Subsection (1) or (2) to take consents or relinquishments, shall certify to the best of his information and belief that the person executing the consent or relinquishment has read and understands the consent or relinquishment and has signed it freely and voluntarily.(5) A person executing a consent or relinquishment is entitled to receive a copy of the consent or relinquishment.(6) A signature described in Subsection (1)(b), (1)(c), (2)(a), or (2)(b), shall be:(6)(a) notarized; or(6)(b) witnessed by two individuals who are not members of the birth mother’s or the adoptee’s immediate family.(7) Except as provided in Subsection 26B-2-127(2), a transfer of relinquishment from one child-placing agency to another child-placing agency shall be signed before a Notary Public. - Adoption: means the judicial act that: