81-13-217. Affidavit regarding fees and expenses before final decree of adoption of a minor child.

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

Effective 5/6/2026

(a)Except as provided in Subsection

(6), before the date that a final decree of adoption for a child adoptee is entered, a prospective adoptive parent or, if the child adoptee was placed by a child-placing agency, the person or agency placing the child adoptee shall file with the court an affidavit regarding fees and expenses on a form prescribed by the Judicial Council in accordance with Subsection

(2).

(b)An affidavit filed in accordance with Subsection (1)(a) shall be signed by each prospective adoptive parent and, if the child adoptee was placed by a child-placing agency, the person or agency placing the child adoptee.

(c)The court shall review an affidavit filed under this section for completeness and compliance with the requirements of this section.

(d)The results of the court's review under Subsection (1)(c) shall be noted in the court's record.

(a)The Judicial Council shall prescribe a uniform form for the affidavit described in Subsection

(1).

(b)The uniform affidavit form shall require disclosure of the following items in connection with the adoption:

(i)the total amount of legal expenses that have been or will be paid to or on behalf of the preexisting parents of the child adoptee;

(ii)the total amount of medical or hospital expenses that have been or will be paid to or on behalf of the preexisting parents of the child adoptee;

(iii)the total amount that the adoptive parent has paid for a preexisting parent's direct support;

(iv)the total amount that the adoptive parent has paid for a preexisting parent's indirect support;

(v)the total amount that the adoptive parent has paid to a child-placing agency in fees and costs; and

(vi)a description of services provided to the prospective adoptive parent and preexisting parent in connection with the adoption.

(c)The uniform affidavit form shall require:

(i)a declaration of each state or country of residence for 12 months before the birth of the:

(A)birth mother or the preexisting parents; and

(B)prospective adoptive parent or parents; and

(ii)a declaration that Section 76-7-203 has not been violated.

(d)To satisfy the requirement of Subsection (1)(a) , the court shall accept an affidavit that is submitted in a form accepted by the Office of Licensing within the Department of Health and Human Services if the affidavit contains the same information and is in a reasonably equivalent format as the uniform affidavit form prescribed by the Judicial Council.

(i)If a child-placing agency, that is licensed by this state, placed the child adoptee, the child-placing agency shall provide a copy of the affidavit described in Subsection

(1)to the Office of Licensing within the Department of Health and Human Services on or before 60 days after the day on which the adoption is finalized.

(ii)If an attorney arranged the placement of the child adoptee with the adoptive parent or parents, the attorney shall provide a copy of the affidavit described in Subsection

(1)to the Office of Licensing within the Department of Health and Human Services on or before 60 days after the day on which the adoption is finalized.

(b)Before August 30 of each even-numbered year, the Office of Licensing within the Department of Health and Human Services shall provide a written report to the Health and Human Services Interim Committee and to the Judicial Council regarding the cost of adoptions in the state that includes:

(i)the total number of affidavits provided to the Office of Licensing during the previous year;

(ii)for each of the categories described in Subsection (2)(b) :

(A)the average amount disclosed on affidavits submitted during the previous year; and

(B)the range of amounts disclosed on affidavits submitted during the previous year;

(iii)the average total amount disclosed on affidavits submitted during the previous year;

(iv)the range of total amounts disclosed on affidavits submitted during the previous year; and

(v)any recommended legislation that may help reduce the cost of adoptions.

(c)The Health and Human Services Interim Committee shall, based on information in reports provided under Subsection (3)(b) and in consultation with the Utah Child-Placing Adoption Agency Consortium created in Subsection 26B-2-127(9) , consider:

(i)what constitutes reasonable fees and expenses related to adoption; and

(ii)the standards that may be used to determine whether fees and expenses related to adoption are reasonable in a specific case.

(4)The Judicial Council shall make a copy of each report provided by the Office of Licensing under Subsection (3)(b) available to each court that may be required to review an affidavit under Subsection (1)(c) .

(5)The Office of Licensing shall investigate and may suspend or revoke the license of a child-placing agency if the child-placing agency fails to comply with the requirements described in this section.

(6)This section does not apply if the prospective adoptive parent is the legal spouse of a preexisting parent.

Amended by Chapter 390 , 2026 General Session