What are the adoption laws in Utah?

Utah adoption law is found in Utah Code Title 81, Chapter 13, and a stepparent adoption is filed in the District Court in your county. Utah has 29 counties, and you file in the one that applies to your family. Here are the main points for stepparents.

Who can adopt: You must be an adult, meaning 18 or older (Utah Code § 81-13-101(7)). You must also be at least 10 years older than the child (Utah Code § 81-13-203(5)). For a married couple, one spouse meeting that gap is enough.

Residency: Utah has no minimum residency period before you can file (Utah Code § 81-13-102). Which county's court to use depends on your situation, so the District Court clerk can confirm it.

Consent: Your paperwork includes a petition for adoption, your spouse's consent to the adoption, and either consent forms or a motion for termination for the other parent. A child who is 12 or older must also consent (Utah Code § 81-13-212(1)(a)).

If the other parent won't consent: Utah uses a 6-month abandonment period (Utah Code § 80-4-302(1)). Whether it applies depends entirely on your family's facts. For a contested case or a parent who cannot be found, talk to the District Court clerk or an attorney about your specific situation.

Notifying the other parent: 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.

Home study: Utah waives the home study in stepparent adoptions (Utah Code § 81-13-403(1)(c)), which removes a step that can slow things down in other states.

Background checks: Utah requires criminal background checks through the Bureau of Criminal Identification (BCI) for adoption petitioners.

Timeline: A stepparent adoption in Utah typically takes 3-6 months.

Cost: The court filing fee ranges from $200-$350. Handling the paperwork yourself typically brings the total to under $1,000, compared with $3,000-$5,000+ for an attorney. Your clerk can confirm the exact fee for your county.

Adult adoption: Utah permits one adult to adopt another (Utah Code § 81-13-302). The adopter must be at least 10 years older than the adoptee, and a married couple needs only one spouse to meet that gap. The adoptee, each person adopting, the adopter's spouse and any guardian or custodian must consent. The adoptee's parents do not need to consent. The adopters and the adoptee must appear before the court. Adult adoptions typically take 4-8 weeks.