How old do you have to be to adopt in Utah?

In Utah, you must be at least 18 years old to adopt, and you must be at least 10 years older than the person you are adopting. Those are the two age rules that apply to a stepparent adoption.

Minimum age. To adopt, you must be an adult, and Utah defines an adult as someone 18 or older (Utah Code § 81-13-101(7)).

Age gap. The adopter must be at least 10 years older than the child (Utah Code § 81-13-203(5)). The same 10-year gap applies when an adult adopts another adult (Utah Code § 81-13-302(3)). If you are married and adopting together, it is enough for one spouse to meet the 10-year gap.

Maximum age. If you are wondering whether there is an upper age limit, the District Court clerk in your county can confirm that for you.

Other things that may come up for you:

• Child's consent: A child who is 12 or older must consent to the adoption (Utah Code § 81-13-212(1)(a)).
• Residency: Utah has no minimum residency period before you can file (Utah Code § 81-13-102).
• Home study: The home study is waived in a stepparent adoption (Utah Code § 81-13-403(1)(c)).
• Background checks: Adoption petitioners are required to complete a criminal background check through the Bureau of Criminal Identification (BCI).
• Absent parent: If the other legal parent has been absent, Utah uses a six-month abandonment period (Utah Code § 80-4-302(1)). Whether that applies to you depends on your facts. If the other parent is unknown, missing or contesting, ask the District Court clerk or an attorney about your specific situation.

Court, cost and timing. Stepparent adoptions are filed in the District Court in your county. Utah has 29 counties, including Salt Lake, Utah and Weber. Court filing fees typically run $200-$350, and the total typical cost is under $1,000, compared with $3,000-$5,000+ for an attorney. A stepparent adoption usually takes 3-6 months. An adult adoption usually takes 4-8 weeks. After the adoption is final, the Utah Office of Vital Records and Statistics is the agency that handles the new birth certificate.

Adult adoption. If you are thinking of adopting an adult, such as a stepchild who has grown up, the same minimum age of 18 and the same 10-year gap apply to the adopter. Adult adoption also has its own consent and notice steps. The adult adoptee, each person adopting, and the adopter's spouse, if married, must consent. The adoptee also signs before the court or a court-appointed person.

How we help. StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. The price is $349 for the first child (or for one adult adoptee) and $99 for each additional child. You receive court-ready documents within 24-48 hours after you finish the questions, backed by our 100% court acceptance guarantee. We have helped 318 Utah families, and more than 34,000 families nationally since 2001.