81-13-303. Notice of adoption of an adult.

564 words·~3 min read·/ut/title-81/chapter-13/81-13-303

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)(c), a petitioner in an adoption proceeding shall serve notice of the proceeding on:

(i)the adult adoptee;

(ii)the spouse of the petitioner if the petitioner is married;

(iii)any legally appointed guardian or custodian of the adult adoptee; and

(iv)the spouse of the adult adoptee if the adult adoptee is married.

(b)The petitioner shall serve the notice described in Subsection (1)(a) at least 30 days before the day on which the adoption is finalized.

(c)The notice described in Subsection (1)(a) may be waived, in writing, by the person entitled to receive notice.

(2)The notice described in Subsection (1):

(a)shall specifically state that the person served must respond to the petition within 30 days of service if the person intends to intervene in the adoption proceeding;

(b)shall state the name of the adult adoptee;

(c)may not state the name of a person adopting the adult adoptee, unless the person consents, in writing, to disclosure of the person's name;

(d)with regard to a person described in Subsection (1)(a) :

(i)except as provided in Subsection (2)(a), shall be in accordance with the provisions of the Utah Rules of Civil Procedure; and

(ii)may not be made by publication; and

(e)with regard to the spouse of the adult adoptee, may be made:

(i)in accordance with the provisions of the Utah Rules of Civil Procedure;

(ii)by certified mail, return receipt requested; or

(iii)by publication, posting, or other means if:

(A)the service described in Subsection (2)(e)(ii) cannot be completed after two attempts; and

(B)the court issues an order providing for service by publication, posting, or other means.

(3)Proof of service of the notice on each person to whom notice is required by this section shall be filed with the court before the adoption is finalized.

(a)Any person who is served with notice of a proceeding for the adoption of an adult adoptee and who wishes to intervene in the adoption shall file a motion in the adoption proceeding:

(i)within 30 days after the day on which the person is served with notice of the adoption proceeding;

(ii)that sets forth the specific relief sought; and

(iii)that is accompanied by a memorandum specifying the factual and legal grounds upon which the motion is made.

(b)A person who fails to file the motion described in Subsection (4)(a) within the time described in Subsection (4)(a)(i):

(i)waives any right to further notice of the adoption proceeding; and

(ii)is barred from intervening in, or bringing or maintaining any action challenging, the adoption proceeding.

(5)Except as provided in Subsection (6), after a court enters a final decree of adoption of an adult adoptee, the adult adoptee shall:

(a)serve notice of the finalization of the adoption, in accordance with the Utah Rules of Civil Procedure, on each person who was a legal parent of the adult adoptee before the final decree of adoption described in this Subsection

(5)was entered; and

(b)file with the court proof of service of the notice described in Subsection (5)(a).

(6)A court may waive the notification requirement described in Subsection

(5)upon a finding of good cause.

Renumbered and Amended by Chapter 426 , 2025 General Session