Text of UT HB 318 (2008)

H.B. 318 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: T.R. Vaughn 6 6 01-22-08 11:07 AM 6 H.B. 318 *HB0318* 1 UTAH ADOPTION AMENDMENTS 2 2008 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Rebecca Chavez-Houck 5 Senate Sponsor: ____________ 6 7 LONG TITLE 8 General Description: 9 This bill amends provisions of the Judicial Code relating to adoption, who may adopt, 10 and placement for adoption. 11 Highlighted Provisions: 12 This bill: 13 < deletes provisions prohibiting adoption by cohabiting adults; 14 < makes a legislative finding that it is in the best interests of a child to be adopted by a 15 person or persons who are legally married; and 16 < makes technical changes. 17 Monies Appropriated in this Bill: 18 None 19 Other Special Clauses: 20 None 21 Utah Code Sections Affected: 22 AMENDS: 23 78-30-1, as last amended by Laws of Utah 2007, Chapters 255 and 298 24 78-30-9, as last amended by Laws of Utah 2000, Chapter 208 25 26 Be it enacted by the Legislature of the state of Utah: 27 Section 1. Section 78-30-1 is amended to read: H.B. 318 01-22-08 11:07 AM 28 78-30-1. Who may adopt -- Adoption of minor -- Adoption of adult. 29 (1) Any minor child may be adopted by an adult person, in accordance with the 30 provisions and requirements of this section and this chapter. 31 (2) (a) For purposes of this Subsection (2), "vulnerable adult" means: 32 (i) a person 65 years of age or older; or 33 (ii) an adult, 18 years of age or older, who has a mental or physical impairment which 34 substantially affects that person's ability to: 35 (A) provide personal protection; 36 (B) provide necessities such as food, shelter, clothing, or medical or other health care; 37 (C) obtain services necessary for health, safety, or welfare; 38 (D) carry out the activities of daily living; 39 (E) manage the adult's own resources; or 40 (F) comprehend the nature and consequences of remaining in a situation of abuse, 41 neglect, or exploitation. 42 (b) Subject to this Subsection (2) [and Subsection (3)], any adult may be adopted by 43 another adult. 44 (c) The following provisions of this chapter apply to the adoption of an adult just as 45 though the person being adopted were a minor: 46 (i) Sections 78-30-1.1, 78-30-1.2, 78-30-2, 78-30-3, 78-30-4.18, 78-30-6, 78-30-8, 47 78-30-8.5, 78-30-8.6, 78-30-9, 78-30-10, 78-30-11, and 78-30-15; 48 (ii) Subsections 78-30-7(1), (2), and (7), except that the juvenile court does not have 49 jurisdiction over a proceeding for adoption of an adult, unless the adoption arises from a case 50 where the juvenile court has continuing jurisdiction over the adult adoptee; and 51 (iii) if the adult adoptee is a vulnerable adult, Section 78-30-3.5, regardless of whether 52 the adult adoptee resides, or will reside, with the adoptors, unless the court, based on a finding 53 of good cause, waives the requirements of Section 78-30-3.5. 54 (d) Before a court enters a final decree of adoption of an adult, the adoptee and the 55 adoptive parent or parents shall appear before the court presiding over the adoption 56 proceedings and execute consent to the adoption. 57 (e) No provision of this chapter, other than those listed or described in this Subsection 58 (2) [or Subsection (3)], apply to the adoption of an adult. - 2 - 01-22-08 11:07 AM H.B. 318 59 [(3) (a) A child may be adopted by:] 60 [(i) adults who are legally married to each other in accordance with the laws of this 61 state, including adoption by a stepparent; or] 62 [(ii) subject to Subsection (4), any single adult, except as provided in Subsection 63 (3)(b).] 64 [(b) A child may not be adopted by a person who is cohabiting in a relationship that is 65 not a legally valid and binding marriage under the laws of this state. For purposes of this 66 Subsection (3)(b), "cohabiting" means residing with another person and being involved in a 67 sexual relationship with that person.] 68 [(4)] (3) In order to provide a child who is in the custody of the division with the most 69 beneficial family structure, when a child in the custody of the division is placed for adoption, 70 the division or child-placing agency shall place the child with a man and a woman who are 71 married to each other, unless: 72 (a) there are no qualified married couples who: 73 (i) have applied to adopt a child; 74 (ii) are willing to adopt the child; and 75 (iii) are an appropriate placement for the child; 76 (b) the child is placed with a relative of the child; 77 (c) the child is placed with a person who has already developed a substantial 78 relationship with the child; 79 (d) the child is placed with a person who: 80 (i) is selected by a parent or former parent of the child, if the parent or former parent 81 consented to the adoption of the child; and 82 (ii) the parent or former parent described in Subsection [(4)] (3)(d)(i): 83 (A) knew the person with whom the child is placed before the parent consented to the 84 adoption; or 85 (B) became aware of the person with whom the child is placed through a source other 86 than the division or the child-placing agency that assists with the adoption of the child; or 87 (e) it is in the best interests of the child to place the child [with a single person] in 88 another placement. 89 Section 2. Section 78-30-9 is amended to read: - 3 - H.B. 318 01-22-08 11:07 AM 90 78-30-9. Decree of adoption -- Best interest of child -- Legislative findings. 91 (1) The court shall examine each person appearing before it in accordance with this 92 chapter, separately, and, if satisfied that the interests of the child will be promoted by the 93 adoption, [it] the court shall enter a final decree of adoption declaring that the child is adopted 94 by the adoptive parent or parents and shall be regarded and treated in all respects as the child of 95 the adoptive parent or parents. 96 (2) The court shall make a specific finding regarding the best interest of the child, 97 taking into consideration information provided to the court pursuant to the requirements of this 98 chapter relating to the health, safety, and welfare of the child and the moral climate of the 99 potential adoptive placement. 100 (3) (a) The Legislature specifically finds that it is [not] in a child's best interest to be 101 adopted by a person or persons who are [cohabiting in a relationship that is not a legally valid 102 and binding marriage under the laws of this state] legally married. 103 (b) Nothing in this section limits or prohibits the [court's placement of] court from 104 placing a child with [a single] an adult who [is not cohabiting as defined in Subsection (3)(b).]: 105 [(b) For purposes of this section, "cohabiting" means residing with another person and 106 being involved in a sexual relationship with that person.] 107 (i) is not legally married; and 108 (ii) is otherwise qualified to adopt the child. Legislative Review Note as of 1-14-08 12:04 PM Office of Legislative Research and General Counsel - 4 -