Utah Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: §§ 78-30-4.14; 78-30-4.21
- Both parents or a surviving parent of child born in wedlock
- The mother
- Any biological father who has established paternity
- The child-placing agency to which the child has been relinquished
- A minor parent has the power to consent
Age When Consent of Adoptee is Considered or Required
Statute: §§ 78-30-4.14; 78-30-6; §§ 78-30-4.14; 78-30-4.21
- Both parents or a surviving parent of child born in wedlock
- The mother
- Any biological father who has established paternity
- The child-placing agency to which the child has been relinquished
- A minor parent has the power to consent
- A child 12 years of age or older must consent to the adoption, unless he does not have the capacity to consent.
When Parental Consent is not Needed
Statute: §§ 78-30-4.17; 78-30-4.23
- The parent's rights have been terminated by a court.
- The biological father is not entitled to notice if the child was conceived as a result of any sexual offense.
When Consent Can Be Executed
Statute: § 78-30-4.19
- The birth mother may not execute consent until at least 24 hours after the child's birth.
- The consent of any other person that may be required may be executed at any time, including prior to the birth of the child.
How Consent Must Be Executed
Statute: § 78-30-4.18
- Consent must be signed before:
- A judge or a person appointed by the judge to take consents
- An authorized official of a child-placing agency, so long as the signature is notarized or witnessed by two individuals who are not members of the birth mother's immediate family
- A judge or a person appointed by the judge to take consents
Revocation of Consent
Statute: § 78-30-4.20
- Consent is effective when signed and cannot be revoked.
- Case law suggests that consent may be revoked if induced by duress, undue influence, deception, or other grounds that would justify release from a contract.
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