81-13-304. Necessary consent to adoption of an adult -- Persons who may take consents.

316 words·~1 min read·/ut/title-81/chapter-13/81-13-304

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

Effective 9/1/2025

(1)The following persons are required to consent to an adoption of an adult adoptee before the adoption is granted:

(a)the adult adoptee;

(b)any individual who is adopting the adult adoptee;

(c)the spouse of the individual adopting the adult adoptee if the individual is married; and

(d)any legally appointed guardian or custodian of the adult adoptee.

(2)An adult adoptee shall sign a consent before:

(a)the court with jurisdiction over the adoption proceeding; or

(b)a person appointed by the court to take the consent.

(3)If the consent of the adult adoptee is taken out of state, the adult adoptee shall sign the consent before:

(a)a person authorized or appointed to take a consent by a court of this state that has jurisdiction over adoption proceedings;

(b)a court that has jurisdiction over adoption proceedings in the state where the consent is taken; or

(c)a person authorized, under the laws of the state where the consent is taken, to take a consent of the adult adoptee.

(4)A person other than the adult adoptee may sign the consent before a notary or any person authorized to take the consent as described in Subsection

(2)or (3).

(5)A person authorized by Subsection

(2)or

(3)to take a consent shall certify to the best of the person's information and belief that the person executing the consent has read and understands the consent and has signed the consent freely and voluntarily.

(6)A person executing a consent is entitled to receive a copy of the consent.

(7)A signature described in Subsection (2)(b) or (3)(a), shall be:

(a)notarized; or

(b)witnessed by two individuals who are not members of the adult adoptee's immediate family.

Enacted by Chapter 426 , 2025 General Session