81-13-219. Timing of entry of final decree of adoption of a minor child -- Posthumous 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 9/1/2025

(a)Except as provided in Subsection (1)(b) or (2), the court may not enter a final decree of adoption for a child adoptee until the earlier of:

(i)when the child adoptee has lived in the home of the prospective adoptive parent for 90 days; or

(ii)when the child adoptee has been placed for adoption with the prospective adoptive parent for 90 days.

(b)Notwithstanding Subsection (1)(a) , the court may enter a final decree of adoption at an earlier or later time than described in Subsection

(1)if the court finds that there is good cause.

(a)If the prospective adoptive parent is the spouse of the pre-existing parent, the court may not enter a final decree of adoption for a child adoptee until the child adoptee has lived in the home of that prospective adoptive parent for 180 days.

(b)Notwithstanding Subsection (2)(a) , the court may enter a final decree of adoption at an earlier time than described in Subsection (2)(a) if the court finds that there is good cause.

(3)The court may enter a final decree of adoption for a child adoptee after the child adoptee's death upon the request of the prospective adoptive parent or parents of the child adoptee if:

(a)the child adoptee dies during the time that the child adoptee is placed in the home of a prospective adoptive parent or parents for the purpose of adoption; or

(b)the prospective adoptive parent is the spouse of a preexisting parent of the child adoptee and the child adoptee lived with the prospective adoptive parent before the child adoptee's death.

(4)The court may enter a final decree of adoption for a child adoptee declaring that the child adoptee is adopted by:

(a)both a deceased and a surviving adoptive parent if after the child adoptee is placed in the home of the child adoptee's prospective adoptive parents:

(i)one of the prospective adoptive parents dies;

(ii)the surviving prospective adoptive parent requests that the court enter the decree; and

(iii)the decree is entered after the child adoptee has lived in the home of the surviving prospective adoptive parent for at least 180 days; or

(b)a spouse of a preexisting parent if after the child adoptee has lived with the spouse of the preexisting parent:

(i)the preexisting parent, or the spouse of the preexisting parent, dies;

(ii)the preexisting parent, or the spouse of the preexisting parent, requests that the court enter the decree; and

(iii)the child adoptee has lived in the same home as the spouse of the preexisting parent for at least 180 days.

(5)Upon request of a surviving preexisting parent, or a surviving parent for whom adoption of a child adoptee has been finalized, the court may enter a final decree of adoption declaring that a child adoptee is adopted by a deceased adoptive parent who was the spouse of the surviving parent at the time of the prospective adoptive parent's death.

(6)The court may enter a final decree of adoption declaring that a child adoptee is adopted by both deceased prospective adoptive parents if:

(a)both of the prospective adoptive parents die after the child adoptee is placed in the prospective adoptive parents' home; and

(b)it is in the best interests of the child adoptee to enter the decree.

(7)Nothing in this section shall be construed to grant any rights to the pre-existing parents of a child adoptee to assert any interest in the child adoptee during the time periods described in this section.

Renumbered and Amended by Chapter 426 , 2025 General Session