81-13-220. Effect of adoption of a minor child on pre-existing parent.

364 words·~2 min read·/ut/title-81/chapter-13/81-13-220

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

Effective 9/1/2025

(1)A pre-existing parent of a child adoptee:

(a)is released from all parental rights and duties toward and all responsibilities for the child adoptee, including residual parental rights and duties, as defined in Section 80-1-102 ; and

(b)has no further parental rights or duties with regard to the child adoptee at the earlier of:

(i)the time the pre-existing parent's parental rights are terminated; or

(ii)except as provided in Subsection

(2), and subject to Subsections

(3)and

(4), the time the final decree of adoption is entered.

(2)The parental rights and duties of a pre-existing parent who, at the time the child adoptee is adopted, is lawfully married to the individual adopting the child adoptee are not released under Subsection (1)(b) .

(3)The parental rights and duties of a pre-existing parent who, at the time the child adoptee is adopted, is not lawfully married to the individual adopting the child adoptee are released under Subsection (1)(b) .

(a)Notwithstanding the provisions of this section, the court may allow a prospective adoptive parent to adopt a child adoptee without releasing the pre-existing parent from parental rights and duties under Subsection (1)(b) , if:

(i)the pre-existing parent and the prospective adoptive parent were lawfully married at some time during the child adoptee's life;

(ii)the pre-existing parent consents to the prospective adoptive parent's adoption of the child adoptee or is unable to consent because the pre-existing parent is deceased or incapacitated;

(iii)notice of the adoption proceeding is provided in accordance with Section 81-13-207 ;

(iv)consent to the adoption is provided in accordance with Section 81-13-212 ; and

(v)the court finds that it is in the best interest of the child adoptee to grant the adoption without releasing the pre-existing parent from parental rights and duties.

(b)This Subsection

(4)does not permit a child adoptee to have more than two parents.

(5)This section may not be construed as terminating any child support obligation of a parent incurred before the adoption.

Renumbered and Amended by Chapter 426 , 2025 General Session