81-13-218. Final decree of adoption of a minor child -- Agreement by adoptive parent or parents.

355 words·~2 min read·/ut/title-81/chapter-13/81-13-218

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

Effective 9/1/2025

(a)Before entering a final decree of adoption, the court shall examine separately each person appearing before the court in accordance with this chapter.

(b)If the court is satisfied that the interests of the child adoptee will be promoted by the adoption, the court shall enter a final decree of adoption in accordance with Section 81-13-219 declaring that:

(i)the child adoptee is adopted by the adoptive parent or parents; and

(ii)the child adoptee is regarded and treated in all respects as the child of the adoptive parent or parents.

(2)Except as provided in Subsection (3), before the court enters a final decree of adoption of a child adoptee:

(a)the prospective adoptive parent or parents and the child adoptee being adopted shall appear before the appropriate court; and

(b)the prospective adoptive parent or parents shall execute an agreement stating that the child adoptee shall be adopted and treated in all respects as the adoptive parent's or parents' own lawful child.

(3)The court may waive the requirement described in Subsection (2)(a) if:

(a)the adoption is not contested;

(b)the prospective adoptive parent or parents:

(i)execute an agreement stating that the child adoptee shall be adopted and treated in all respects as the parent's or parents' own lawful child;

(ii)have the agreement described in Subsection (3)(b)(i) notarized; and

(iii)file the agreement described in Subsection (3)(b)(i) with the court; and

(c)all requirements of this chapter to obtain a final decree of adoption are otherwise complied with.

(4)At the time that a final decree of adoption is entered, the child adoptee may take the family name of the adoptive parent or parents.

(5)After a final decree of adoption is entered, the adoptive parent or parents and the child adoptee shall:

(a)sustain the legal relationship of a parent and child; and

(b)have all the rights and be subject to all the duties of a parent-child relationship.

Renumbered and Amended by Chapter 426 , 2025 General Session