Terms Used In Utah Code > Title 78B > Chapter 6 > Part 1 - Utah Adoption Act

• 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 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
• Adoption document: means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate. See Utah Code 78B-6-103
• Adoption proceeding: means any proceeding under this part. See Utah Code 78B-6-103
• Adoption service provider: means :
       (5)(a) a child-placing agency;
       (5)(b) a licensed counselor who has at least one year of experience providing professional social work services to:

            (5)(b)(i) adoptive parents;

            (5)(b)(ii) prospective adoptive parents; or

            (5)(b)(iii) birth parents; or
       (5)(c) the Office of Licensing within the Department of Health and Human Services. See Utah Code 78B-6-103
• Adoptive parent: means an individual who has legally adopted an adoptee. See Utah Code 78B-6-103
• Adult: means an individual who is 18 years old or older. See Utah Code 78B-6-103
• Adult adoptee: means an adoptee who is 18 years old or older and was adopted as a minor. See Utah Code 78B-6-103
• Adult sibling: means an adoptee's brother or sister, who is 18 years old or older and whose birth mother or father is the same as that of the adoptee. See Utah Code 78B-6-103
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Birth mother: means the biological mother of a child. See Utah Code 78B-6-103
• Birth parent: means :
       (11)(a) a birth mother;
       (11)(b) a man whose paternity of a child is established;
       (11)(c) a man who:

            (11)(c)(i) has been identified as the father of a child by the child's birth mother; and

            (11)(c)(ii) has not denied paternity; or
       (11)(d) an unmarried biological father. 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
• Cohabiting: means residing with another person and being involved in a sexual relationship with that person. See Utah Code 78B-6-103
• Contract: A legal written agreement that becomes binding when signed.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Division of Child and Family Services, within the Department of Health and Human Services, created in Section 80-2-201. See Utah Code 78B-6-103
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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
• Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
• Fraud: Intentional deception resulting in injury to another.
• Genetic and social history: means a comprehensive report, when obtainable, that contains the following information on an adoptee's birth parents, aunts, uncles, and grandparents:
       (16)(a) medical history;
       (16)(b) health status;
       (16)(c) cause of and age at death;
       (16)(d) height, weight, and eye and hair color;
       (16)(e) ethnic origins;
       (16)(f) where appropriate, levels of education and professional achievement; and
       (16)(g) religion, if any. See Utah Code 78B-6-103
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Health history: means a comprehensive report of the adoptee's health status at the time of placement for adoption, and medical history, including neonatal, psychological, physiological, and medical care history. See Utah Code 78B-6-103
• Identifying information: means information that is in the possession of the office and that contains the name and address of a pre-existing parent or an adult adoptee, or other specific information that by itself or in reasonable conjunction with other information may be used to identify a pre-existing parent or an adult adoptee, including information on a birth certificate or in an adoption document. 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.
• Licensed counselor: means an individual who is licensed by the state, or another state, district, or territory of the United States as a:
       (19)(a) certified social worker;
       (19)(b) clinical social worker;
       (19)(c) psychologist;
       (19)(d) marriage and family therapist;
       (19)(e) clinical mental health counselor; or
       (19)(f) an equivalent licensed professional of another state, district, or territory of the United States. See Utah Code 78B-6-103
• Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
• Man: means a male individual, regardless of age. See Utah Code 78B-6-103
• Mature adoptee: means an adoptee who is adopted when the adoptee is an adult. See Utah Code 78B-6-103
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: means the Office of Vital Records and Statistics within the Department of Health and Human Services operating under Title 26B, Chapter 8, Part 1, Vital Statistics. See Utah Code 78B-6-103
• 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
• Potential birth father: means a man who:
       (24)(a) is identified by a birth mother as a potential biological father of the birth mother's child, but whose genetic paternity has not been established; and
       (24)(b) was not married to the biological mother of the child described in Subsection (24)(a) at the time of the child's conception or birth. See Utah Code 78B-6-103
• Pre-existing parent: means :
       (25)(a) a birth parent; or
       (25)(b) an individual who, before an adoption decree is entered, is, due to an earlier adoption decree, legally the parent of the child being adopted. See Utah Code 78B-6-103
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prospective adoptive parent: means an individual who seeks to adopt an adoptee. See Utah Code 78B-6-103
• Relative: means :
       (27)(a) an adult who is a grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, sibling of a child, or first cousin of a child's parent; and
       (27)(b) in the case of a child defined as an "Indian child" under the Indian Child Welfare Act, Utah Code 78B-6-103
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• 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
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. 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
• Venue: The geographical location in which a case is tried.
• Woman: means an adult human female. See Utah Code 68-3-12.5
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5