Who May Adopt, Be Adopted, or Place a Child for Adoption - Utah

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Who May Adopt

Citation: Ann. Code §§ 78B-6-117; 78B-6-114; 78B-6-118

A child may be adopted by the following:

  • Adults who are legally married to each other in accordance with the laws of this State, including adoption by a stepparent
  • Subject to the limitations listed below, any single adult

A child may not be adopted by a person who is cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this State, unless the person is a relative of the child or a recognized placement under the Indian Child Welfare Act, 25 U.S.C. § 1901, et seq.

When a child in the custody of the Division of Child and Family Services is placed for adoption, the division or child-placing agency shall place the child with a man and a woman who are married to each other, unless the following apply:

  • There are no qualified married couples who have applied to adopt a child, are willing to adopt the child, and are an appropriate placement for the child.
  • The child is placed with a relative of the child.
  • The child is placed with a person who has already developed a substantial relationship with the child.
  • The child is placed with a person who is selected by the child's parent or the parent consented to the child's adoption, and the following applies:
    • The parent knew the person with whom the child is placed before the parent consented to the adoption.
    • The parent became aware of the person with whom the child is placed through a source other than the division or the child-placing agency.
  • It is in the child's best interests to place the child with a single adult.

The following qualifications apply:

  • The adoptive parent must be at least 10 years older than the child being adopted.
  • In the case of a married couple, only one person needs to be 10 years older than the child being adopted.
  • A married person may not adopt without the consent of his or her spouse, unless they are legally separated.

Who May Be Adopted

Citation: Ann. Code §§ 78B-6-115; 78B-6-117

Any minor child or adult may be adopted.

Who May Place a Child for Adoption

Citation: Ann. Code § 62A-4a-602

A child may be placed by the following:

  • A parent
  • A licensed child-placing agency

An attorney, physician, or other person may assist a parent in identifying or locating a person interested in adopting the parent's child, or in identifying or locating a child to be adopted. However, no payment, charge, fee, reimbursement of expense, or exchange of value of any kind, or promise or agreement to make the same, may be made for that assistance.