You adopt your stepchild in Utah by filing a petition for adoption in the District Court in your county, along with the required consents, and then completing the court process. Utah's typical timeline for a stepparent adoption is 3-6 months.
Who can adopt. You must be an adult (18 or older) and at least 10 years older than the child (Utah Code § 81-13-203(5)). If you are married to the child's parent, the statute's age-gap rule is met when one spouse meets it.
Residency. Utah sets no minimum residency period before you can file (Utah Code § 81-13-102). Your District Court clerk can tell you which court is right for your address.
What you file. A Utah stepparent adoption package generally includes:
- A Petition for Adoption
- Consent forms, or a motion for termination if a parent will not consent
- Your spouse's consent to the adoption
- The court filing fee, typically $200-$350
- Criminal background checks through the Bureau of Criminal Identification (BCI) for adoption petitioners
Consent from the child. If your stepchild is 12 or older, the child's consent is part of the process (Utah Code § 81-13-212(1)(a)).
The other legal parent. Usually the child's other parent must consent or have their rights ended. In Utah, termination is not a separate case. The consent forms or the motion for termination are handled within your adoption petition. If the other parent will not sign, Utah's abandonment period is 6 months (Utah Code § 80-4-302(1)). Whether that applies depends on the facts of your family's situation, so a contested case is a good time to ask the District Court clerk or an attorney about your specific circumstances.
Notice to the other parent. When a parent must be notified, Utah allows personal service by a sheriff or process server. If the parent's location is unknown, service by publication is allowed after a diligent search. The clerk can explain what counts as a diligent search.
Home study. Utah waives the home study in stepparent adoptions (Utah Code § 81-13-403(1)(c)), so you do not need to schedule a social worker's visit.
Cost. The court fee plus document preparation typically keeps the total under $1,000. Hiring an attorney commonly runs $3,000-$5,000+.
After the adoption. Once the court finalizes the adoption, the Utah Office of Vital Records and Statistics is the agency to ask about updating your child's records. The clerk can confirm any other details, such as local forms or hearing scheduling in your county.
Stepparent adoption in Utah at a glance
- Court
- District Court
- Residency before filing
- No minimum period
- Typical timeline
- 3-6 months
- Court filing fee
- $200-$350
- Child must consent at age
- 12
- Home study
- Usually waived for stepparents
- Utah families we've helped
- 318
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