Utah Code 78B-6-136.5. Timing of entry of final decree of adoption — Posthumous adoption
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(1) Except as provided in Subsection (2), a final decree of adoption may not be entered until the earlier of:
Terms Used In Utah Code 78B-6-136.5
- 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) when the child has lived in the home of the prospective adoptive parent for three months; or(1)(b) when the child has been placed for adoption with the prospective adoptive parent for three months.
(2)
(2)(a) If the prospective adoptive parent is the spouse of the preexisting parent, a final decree of adoption may not be entered until the child has lived in the home of that prospective adoptive parent for six months, unless, based on a finding of good cause, the court orders that the final decree of adoption may be entered at an earlier time.
(2)(b) The court may, based on a finding of good cause, order that the final decree of adoption be entered at a later time than described in Subsection (1).
(3) The court has authority to enter a final decree of adoption after a child’s death upon the request of the prospective adoptive parent or parents of the child if:
(3)(a) the child dies during the time that the child is placed in the home of a prospective adoptive parent or parents for the purpose of adoption; or
(3)(b) the prospective adoptive parent is the spouse of a preexisting parent of the child and the child lived with the prospective adoptive parent before the child’s death.
(4) The court may enter a final decree of adoption declaring that a child is adopted by:
(4)(a) both a deceased and a surviving adoptive parent if after the child is placed in the home of the child’s prospective adoptive parents:
(4)(a)(i) one of the prospective adoptive parents dies;
(4)(a)(ii) the surviving prospective adoptive parent requests that the court enter the decree; and
(4)(a)(iii) the decree is entered after the child has lived in the home of the surviving prospective adoptive parent for at least three months; or
(4)(b) a spouse of a preexisting parent if after the child has lived with the spouse of the preexisting parent:
(4)(b)(i) the preexisting parent, or the spouse of the preexisting parent, dies;
(4)(b)(ii) the preexisting parent, or the spouse of the preexisting parent, requests that the court enter the decree; and
(4)(b)(iii) the child has lived in the same home as the spouse of the preexisting parent for at least six months.
(5) Upon request of a surviving preexisting parent, or a surviving parent for whom adoption of a child has been finalized, the court may enter a final decree of adoption declaring that a child is adopted by a deceased adoptive parent who was the spouse of the surviving parent at the time of the prospective adoptive parent’s death.
(6) The court may enter a final decree of adoption declaring that a child is adopted by both deceased prospective adoptive parents if:
(6)(a) both of the prospective adoptive parents die after the child is placed in the prospective adoptive parents’ home; and
(6)(b) it is in the best interests of the child to enter the decree.
(7) Nothing in this section shall be construed to grant any rights to the preexisting parents of a child to assert any interest in the child during the three-month or six-month periods described in this section.