Utah Code 78B-6-136. Final decree of adoption — Agreement by adoptive parent or parents

(1)

Except as provided in Subsection (2), before the court enters a final decree of adoption:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(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 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
(a)	the prospective adoptive parent or parents and the child being adopted shall appear before the appropriate court; and

(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:

(a)	the adoption is not contested;

(b)

the prospective adoptive parent or parents:

(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;

(ii)	have the agreement described in Subsection (2)(b)(i) notarized; and

(iii)

file the agreement described in Subsection (2)(b)(i) with the court; and

(c)	all requirements of this chapter to obtain a final decree of adoption are otherwise complied with.

Amended by Chapter 340, 2012 General Session