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S.B. 124
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ADOPTION ACT AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Lyle W. Hillyard
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AN ACT RELATING TO ADOPTION; EXPANDING WHO IS AUTHORIZED TO TAKE
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CONSENTS OR RELINQUISHMENTS FROM A BIRTH MOTHER; AND LIMITING
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LOCATIONS OF FORMS FOR NOTICE OF PATERNITY ACTION.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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78-30-4.13, as last amended by Chapter 129, Laws of Utah 1998
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78-30-4.18, as renumbered and amended by Chapter 168, Laws of Utah 1995
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
78-30-4.13
is amended to read:
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78-30-4.13. Notice of adoption proceedings.
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(1) An unmarried biological father, by virtue of the fact that he has engaged in a sexual
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relationship with a woman, is deemed to be on notice that a pregnancy and an adoption proceeding
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regarding that child may occur, and has a duty to protect his own rights and interests. He is
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therefore entitled to actual notice of a birth or an adoption proceeding with regard to that child only
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as provided in this section.
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(2) Notice of an adoption proceeding shall be served on each of the following persons:
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(a) any person or agency whose consent or relinquishment is required under Section
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78-30-4.14
unless that right has been terminated by waiver, relinquishment, consent, or judicial
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action;
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(b) any person who has initiated a paternity proceeding and filed notice of that action with
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the state registrar of vital statistics within the Department of Health, in accordance with Subsection
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(3);
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(c) any legally appointed custodian or guardian of the adoptee;
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(d) the petitioner's spouse, if any, only if he has not joined in the petition;
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(e) the adoptee's spouse, if any;
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(f) any person who is recorded on the birth certificate as the child's father, with the
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knowledge and consent of the mother;
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(g) any person who is openly living in the same household with the child at the time the
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consent is executed or relinquishment made, and who is holding himself out to be the child's
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father; and
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(h) any person who is married to the child's mother at the time she executes her consent
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to the adoption or relinquishes the child for adoption.
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(3) (a) In order to preserve any right to notice and consent, an unmarried biological father
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may initiate proceedings to establish paternity under Title 78, Chapter 45a, Uniform Act on
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Paternity, and file a notice of the initiation of those proceedings with the state registrar of vital
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statistics within the Department of Health prior to the mother's execution of consent or her
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relinquishment to an agency. That action and notice may also be filed prior to the child's birth.
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(b) If the unmarried biological father does not know the county in which the birth mother
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resides, he may initiate his action in any county, subject to a change in trial pursuant to Section
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78-13-7
.
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(c) The Department of Health shall provide forms for the purpose of filing the notice
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described in Subsection (3)(a), and make those forms available in the office of the county S [
clerk
]
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HEALTH DEPARTMENT
s in
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each county[, every health care facility, as defined in Section
26-21-2
, and licensed child-placing
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agency].
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(4) Notice provided in accordance with this section need not disclose the name of the
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mother of the child who is the subject of an adoption proceeding.
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(5) The notice required by this section may be served immediately after relinquishment
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or execution of consent, but shall be served at least 30 days prior to the final dispositional hearing.
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The notice shall specifically state that the person served must respond to the petition within 30
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days of service if he intends to intervene in or contest the adoption.
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(6) (a) Any person who has been served with notice of an adoption proceeding and who
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wishes to contest the adoption shall file a motion in the adoption proceeding within 30 days after
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service. The motion shall set forth specific relief sought and be accompanied by a memorandum
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specifying the factual and legal grounds upon which the motion is based.
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(b) Any person who fails to file a motion for relief within 30 days after service of notice
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waives any right to further notice in connection with the adoption, forfeits all rights in relation to
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the adoptee, and is barred from thereafter bringing or maintaining any action to assert any interest
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in the adoptee.
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(7) Service of notice under this section shall be made as follows:
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(a) With regard to a person whose consent is necessary under Section
78-30-4.14
, service
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shall be in accordance with the provisions of the Utah Rules of Civil Procedure. If service is by
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publication, the court shall designate the content of the notice regarding the identity of the parties.
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The notice may not include the name of the person or persons seeking to adopt the adoptee.
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(b) As to any other person for whom notice is required under this section, service by
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certified mail, return receipt requested, is sufficient. If that service cannot be completed after two
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attempts, the court may issue an order providing for service by publication, posting, or by any other
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manner of service.
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(c) Notice to a person who has initiated a paternity proceeding and filed notice of that
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action with the state registrar of vital statistics in the Department of Health in accordance with the
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requirements of Subsection (3), shall be served by certified mail, return receipt requested, at the
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last address filed with the registrar.
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(8) The notice required by this section may be waived in writing by the person entitled to
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receive notice.
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(9) Proof of service of notice on all persons for whom notice is required by this section
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shall be filed with the court before the final dispositional hearing on the adoption.
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(10) Notwithstanding any other provision of law, neither the notice of an adoption
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proceeding nor any process in that proceeding is required to contain the name of the person or
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persons seeking to adopt the adoptee.
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(11) Except as to those persons whose consent to an adoption is required under Section
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78-30-4.14
, the sole purpose of notice under this section is to enable the person served to intervene
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in the adoption and present evidence to the court relevant to the best interest of the child.
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Section 2.
Section
78-30-4.18
is amended to read:
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78-30-4.18. 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 [or
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confirmed under oath] before:
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(a) a judge of any court that has jurisdiction over adoption proceedings, or a public officer
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appointed by that judge for the purpose of taking consents or relinquishments; or
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(b) a person who is authorized by a licensed child-placing agency to take consents or
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relinquishments so long as the signature is notarized or witnessed by two individuals who are not
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members of the birth mother's immediate family [and who are not affiliated with the licensed
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child-placing agency].
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(2) If the consent or relinquishment of a birth mother or adoptee is taken out of state it
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shall be signed [or confirmed under oath] before:
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(a) a person who is authorized by a child-placing agency licensed by that state to take
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consents or relinquishments; or
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(b) a person authorized or appointed to take consents or relinquishments by a court of this
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state that has jurisdiction over adoption proceedings, or a court of that state that has jurisdiction
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over adoption proceedings.
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(3) The consent or relinquishment of any other person or agency as required by Section
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78-30-4.14
may be signed before a Notary Public or any person authorized to take a consent or
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relinquishment under Subsection (1) or (2).
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(4) A person, authorized by Subsection (1) or (2) to take consents or relinquishments, shall
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certify to the best of his information and belief that the person executing the consent or
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relinquishment has read and understands the consent or relinquishment and has signed it freely and
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voluntarily.
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(5) A person executing a consent or relinquishment is entitled to a copy of the consent or
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relinquishment.
Legislative Review Note
as of 1-3-00 1:54 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.