Utah Stepparent Adoption Guide 2026: Complete Process

The short answer: in Utah, a married stepparent files a Petition to Adopt a Minor Stepchild in the district court where they live, and the adoption can usually be finalized once the child has lived with them for 180 days. If the other parent won't sign, Utah gives you two strong paths. If he's served with notice and doesn't file a motion to contest within 30 days, he forfeits his rights to the child. And failing to communicate with the child for six months is evidence of abandonment. In our experience, about 80% of the stepparent adoptions we've completed went forward without the other biological parent's consent. The father never signed, and the judge approved the adoption anyway.

Note: Utah Renumbered Its Adoption Laws

Older guides cite Utah Code Title 78B, Chapter 6, Part 1 for adoption. Those sections were renumbered in 2025 and now sit in Title 81, Chapter 13 of the Utah Domestic Relations Code. The citations below use the current numbers.

Who Can Adopt a Stepchild in Utah?

The Utah Courts' self-help guide on adopting a minor stepchild and the Utah Code set out the basics:

• You're married to the child's parent. Utah lets adults who are legally married adopt, "including adoption by a stepparent" (Utah Code § 81-13-203(2)(a)).
• You or your spouse is at least 10 years older than the child (§ 81-13-203(5)).
• The child has lived with you for 180 days before the decree is entered. The judge can allow it sooner for good cause (§ 81-13-219(2)).
• No disqualifying convictions. Certain felonies involving children bar adoption, with a narrow exception the statute spells out (§ 81-13-203(6)–(7)).

What if we're not married?

Utah law says an adult who is cohabiting in a relationship that isn't a legally valid marriage may not adopt a minor child, unless the adult is a relative of the child or a recognized placement under the Indian Child Welfare Act (§ 81-13-203(3)). For most unmarried couples, marriage comes first. Other states' rules are in our state guides.

Does the Other Parent Have to Consent?

Often, no. Utah gives stepfamilies several routes when he won't sign or has disappeared.

He's served and doesn't respond within 30 days

Every person whose consent would be needed must be served with notice of the adoption. The notice tells him that if he wants to contest, he has to file a motion to intervene within 30 days, with a memorandum stating his legal and factual grounds. If he doesn't fully comply in that window, he waives further notice, forfeits all rights in relation to the child, and is barred from asserting any interest later (Utah Code § 81-13-207(5)–(6)). The court can then terminate his rights (§ 81-13-205(5)(c)).

He has abandoned the child

Utah's termination grounds include abandonment and a parent who has made "only token efforts" to support or communicate with the child (Utah Code § 80-4-301(1)(a), (g)). It's prima facie evidence of abandonment when a parent has failed to communicate with the child "by mail, telephone, or otherwise for six months," or hasn't shown the normal interest of a parent without just cause (§ 80-4-302(1)(b)–(c)). A district court in an adoption case can terminate on these grounds when termination is in the child's best interest (§ 81-13-205(5)(e)).

He agrees

He signs a consent. The Utah Courts' guide lists separate consent forms for a father and a mother of the child, with signing rules for each. Cooperative cases are usually the quickest.

He has died

File a copy of the death certificate, as the court's guide explains.

What If You Don't Know Where the Other Parent Is?

That doesn't stop the adoption. Notice to a parent whose consent is required is served under the Utah Rules of Civil Procedure, and if it's done by publication, the court decides what the notice says about the parties (§ 81-13-207(7)(a)). Your name as the adopting parent doesn't have to appear in the notice (§ 81-13-207(10)). If he still doesn't come forward within 30 days of service, the forfeiture rule above applies.

Keep a dated record of your search: last known addresses, relatives, social media, phone numbers, public records. You'll need it to show the court why publication is necessary.

Step 1: Gather Documents and Background Checks

A stepparent doesn't need a preplacement home evaluation unless the court asks for one, but you must still obtain the background information and file it before finalization (Utah Code § 81-13-403(1)(c)). The same exemption applies to the postplacement evaluation, which the court can also waive on request (§ 81-13-404).

Step 2: File in District Court

File in the judicial district where you live (Utah Code § 81-13-102). The Utah Courts' stepchild guide lists the core forms, including the Cover Sheet for Probate Actions (1158XX), the Petition to Adopt a Minor Stepchild (1007XX), the Adoption Agreement (1014XX), Findings of Fact and Conclusions of Law (1015XX), the Adoption Decree (1016XX), and the Office of Vital Records' Report of Adoption. Your spouse signs the petition too. If you're also asking the court to end the other parent's rights, that request can be joined with the adoption (§ 81-13-205(2)).

Step 3: Serve Notice

Serve notice on everyone the statute requires, including the other parent if his consent would otherwise be needed, at least 30 days before the final hearing (Utah Code § 81-13-207(2)(c)). File proof of service before that hearing (§ 81-13-207(9)). The notice must tell him about the 30-day deadline and the consequences of missing it, and that the court can appoint counsel for a parent who can't afford one (§ 81-13-207(5)).

Step 4: The Final Hearing

You, your spouse and your child appear before the judge, who examines each person separately. You sign the Adoption Agreement promising to treat the child as your own lawful child (§ 81-13-218(1)–(2)). If your child is 12 or older, the child's consent is required, unless the child lacks the mental capacity to consent (§ 81-13-212(1)(a)); the court's guide has the child sign the consent form in front of the judge. In an uncontested case, the court can waive the in-person appearance if you file a notarized agreement (§ 81-13-218(3)).

The judge signs the decree, and your child can take your family name (§ 81-13-218(4)). If the other parent shows up and actively contests, that's the point to talk with a Utah attorney.

Step 5: After the Decree

Your spouse's rights stay fully in place; Utah law doesn't release the rights of a parent who is lawfully married to the adopting stepparent (§ 81-13-220(2)). The other parent is released from his parental rights and duties going forward (§ 81-13-220(1)). Utah law says adoption doesn't terminate any child support obligation incurred before the adoption (§ 81-13-220(5)), so back support he already owes still counts.

The Report of Adoption goes to the Office of Vital Records for the new birth certificate. Then update Social Security, school, medical and insurance records and your estate plan.

What Does It Cost in Utah?

Item	What to expect
Document preparation (StepParent Adoption 360)	$349 for the first child, $99 for each additional child
District court filing fee	Check the Utah Courts fee schedule or ask the clerk
Criminal history and child abuse reports	Fees set by the agencies that issue them
Service or publication	Depends on how the other parent is served
Home evaluation	Not required for a stepparent unless the court asks

See our stepparent adoption cost guide and the Utah state guide.

How Long Does It Take?

The 180-day residence rule (unless waived for good cause) and the 30-day response window are the two built-in clocks. Beyond those, your district court's calendar and how quickly the other parent is served set the pace. Many uncontested adoptions finish within a few months of filing.

Frequently Asked Questions

Can I adopt my stepchild in Utah if the father has been gone for years?

Yes. Six months without communicating with the child is prima facie evidence of abandonment (Utah Code § 80-4-302(1)(b)), and if he's served and doesn't file a motion to contest within 30 days, he forfeits his rights (§ 81-13-207(6)). In our experience, about 80% of the stepparent adoptions we've completed went forward without the other parent's consent; the father never signed, and the judge approved the adoption anyway.

What happens if the other parent objects?

He has to file a motion to intervene, with a memorandum of his grounds, within 30 days of being served. If he does, the court decides whether grounds such as abandonment or token efforts exist and whether ending his rights is in your child's best interest. A contested case is a good time to talk with a Utah attorney.

Does my stepchild have to agree?

Yes, if your stepchild is 12 or older, unless the child lacks the mental capacity to consent (Utah Code § 81-13-212(1)(a)).

Do I need a home study in Utah?

Usually not. A stepparent is exempt from the preplacement evaluation unless the court requests one, but you still file criminal history and child abuse background information before finalization (§ 81-13-403(1)(c)).

How long must my stepchild live with me?

180 days before the decree is entered, unless the court finds good cause to finalize sooner (§ 81-13-219(2)).

Can we adopt if we're living together but not married?

Generally no. Utah bars a cohabiting adult in a relationship that isn't a legal marriage from adopting a minor, unless that adult is a relative of the child or a recognized ICWA placement (§ 81-13-203(3)).

About the Author

Doug Brown, Founder. Doug Brown has helped families prepare stepparent and adult adoption paperwork since 2001: more than 34,000 families in all 50 states. StepParent Adoption 360 is a document-preparation service, not a law firm, and doesn't give legal advice.

Sources: Utah Code Title 81, Chapter 13 (§§ 81-13-102, -203, -205, -207, -212, -218, -219, -220, -403, -404) and §§ 80-4-301, 80-4-302 (Utah Legislature); Utah State Courts, "Adopting a Minor Stepchild" self-help page. Company figures (34,000+ families since 2001; about 80% of completed stepparent adoptions without the other parent's consent) are from our own records.