Utah Code 78B-6-136. Final decree of adoption — Agreement by adoptive parent or parents
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(1) Except as provided in Subsection (2) , before the court enters a final decree of adoption:
Terms Used In Utah Code 78B-6-136
- 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 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
- Prospective adoptive parent: means an individual who seeks to adopt an adoptee. See Utah Code 78B-6-103
(1)(a) the prospective adoptive parent or parents and the child being adopted shall appear before the appropriate court; and(1)(b) the prospective adoptive parent or parents shall execute an agreement stating that the child shall be adopted and treated in all respects as the adoptive parent’s or parents’ own lawful child.
(2) Except as provided in Subsection 78B-6-115(4) , a court may waive the requirement described in Subsection (1)(a) if:
(2)(a) the adoption is not contested;
(2)(b) the prospective adoptive parent or parents:
(2)(b)(i) execute an agreement stating that the child shall be adopted and treated in all respects as the parent’s or parents’ own lawful child;
(2)(b)(ii) have the agreement described in Subsection (2)(b)(i) notarized; and
(2)(b)(iii) file the agreement described in Subsection (2)(b)(i) with the court; and
(2)(c) all requirements of this chapter to obtain a final decree of adoption are otherwise complied with.