32A-5-46. Confirmatory adoption.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Whenever a child is born as a result of assisted reproduction and a person or persons who did not give birth is a parent or parents and seeks to confirm parentage through an adoption of the child, the court shall permit the parent to file a petition for adoption in accordance with this section.

B. Notwithstanding any other provisions of the Adoption Act, a petition for confirmatory adoption shall include the following:

(1)signatures from all petitioners for confirmatory adoption;

(2)if any of the petitioners are married, a copy of the petitioners' marriage certificate;

(3)a declaration signed by all petitioners explaining the circumstances of the child's birth through assisted reproduction, attesting that the petitioners are parents and that there are no other persons with a claim to parentage of the child; and

(4)a certified copy of the child's birth certificate.

C. Submission of a complete petition for confirmatory adoption constitutes notice of and written consent to the confirmatory adoption, and the court shall not require any additional notice or consent by any petitioner.

D. If a petitioner for confirmatory adoption conceived the child through assisted reproduction using a donor, the court shall not require notice of the confirmatory adoption to that donor or the consent of that donor to the confirmatory adoption.

E. Unless otherwise ordered by the court for good cause shown and supported by written findings of the court demonstrating good cause, for the purposes of evaluating and granting a petition for confirmatory adoption pursuant to this section, the court shall not require:

(1)placement;

(2)a pre-placement study or post-placement report, including home visits, interviews, medical exams or certificates, employment or financial resource verification, letters of reference or examination of a petitioner's capacity or readiness;

(3)counseling for any parent, presumed parent or child;

(4)a criminal records check;

(5)documentation of fees or charges related to the confirmatory adoption;

(6)a minimum residency in the home of the petitioners;

(7)a best interest of the child assessment; or

(8)a hearing or appearance.

F. The court shall grant a petition for confirmatory adoption within thirty days of the petition being filed upon finding that:

(1)the child was born through assisted reproduction to parents joined in marriage, one of the petitioners gave birth to the child and there are no competing claims of parentage; or

(2)the child was born through assisted reproduction with the consent of all petitioners, one of the petitioners gave birth to the child, the other petitioner or petitioners are parents and there are no competing claims of parentage.

G. A petition for confirmatory adoption shall not be denied on the basis that:

(1)any of the petitioners' parentage is already presumed or legally recognized in this state;

(2)the petitioners are unmarried; or

(3)there are more than two petitioners.

H. When parentage is presumed or legally recognized under state law, the fact that a party did not petition for confirmatory adoption shall not be considered as evidence in determining:

(1)parental rights disputes; or

(2)the best interest of a child.

History: 1978 Comp., § 32A-5-46, enacted by Laws 2025, ch. 15, § 6.