81-13-211. Counseling for parents.

558 words·~3 min read·/ut/title-81/chapter-13/81-13-211

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

Effective 5/6/2026

(1)As used in this section, "parent" means a person described in Subsections 81-13-212(1)(b) through

(f)for whom the consent or relinquishment of a minor child for the adoption is required.

(2)Subject to Subsection (3)(a) , before relinquishing a minor child to a child-placing agency, or consenting to the adoption of a child adoptee, a parent of the child adoptee has the right to participate in, or elect to participate in, mental health therapy:

(a)by a mental health professional who is licensed under Title 58, Chapter 60, Mental Health Professional Practice Act, and selected by the parent participating in the mental health therapy;

(b)for up to three sessions of at least 50 minutes per session completed before relinquishing a child adoptee and up to three sessions of at least 50 minutes per session following the relinquishment of a child adoptee; and

(c)subject to Subsection (3)(b) , at the expense of the:

(i)child-placing agency; or

(ii)prospective adoptive parents.

(a)Notwithstanding Subsection

(2), a parent who has the right to participate in the mental health therapy under Subsection

(2)may waive that right.

(b)Notwithstanding Subsection (2)(c) , the total amount required to be paid by a child-placing agency or the prospective adoptive parents for the mental health therapy described in Subsection

(2)may not exceed $800, unless an agreement for a greater amount is signed by:

(i)the parent who receives the mental health therapy; and

(ii)the child-placing agency or prospective adoptive parents.

(4)Before a parent relinquishes a child adoptee to a child-placing agency, or consents to the adoption of a child adoptee, the parent shall be informed of the right described in Subsection

(1)by the:

(a)child-placing agency;

(b)prospective adoptive parents; or

(c)representative of a person described in Subsection (4)(a) or

(b).

(5)If the parent who is entitled to the mental health therapy as described in Subsection

(1)elects to attend one or more mental health therapy sessions following the relinquishment of a child adoptee the parent of the child adoptee and the child-placing agency or attorney representing a prospective adoptive parent of the child adoptee shall enter into an agreement to pay for the mental health therapy in accordance with this section.

(a)Subject to Subsections (4)(b) and

(c), before the day on which a final decree of adoption is entered, a statement shall be filed with the court that:

(i)is signed by each parent who:

(A)relinquishes the parent's parental rights; or

(B)consents to the adoption; and

(ii)states that, before the parent took the action described in Subsection (6)(a)(i)(A) or

(B), the parent was advised of the parent's right to participate in the mental health therapy described in this section at the expense of the:

(A)child-placing agency; or

(B)prospective adoptive parents.

(b)The statement described in Subsection (6)(a) may be included in the document that:

(i)relinquishes the parent's parental rights; or

(ii)consents to the adoption.

(c)Failure by a person to give the notice described in Subsection

(4), or pay for the mental health therapy described in this section shall not constitute grounds for invalidating a:

(i)relinquishment of parental rights; or

(ii)consent to adoption.

Amended by Chapter 390 , 2026 General Session