State Codes and Statutes
Statutes > Utah > Title-78b > Chapter-06 > 78b-6-11078B-6-110. Notice of adoption proceedings.
(1) (a) An unmarried biological father, by virtue of the fact that he has engaged in asexual relationship with a woman:
(i) is considered to be on notice that a pregnancy and an adoption proceeding regardingthe child may occur; and
(ii) has a duty to protect his own rights and interests.
(b) An unmarried biological father is entitled to actual notice of a birth or an adoptionproceeding with regard to his child only as provided in this section.
(2) Notice of an adoption proceeding shall be served on each of the following persons:
(a) any person or agency whose consent or relinquishment is required under Section78B-6-120 or 78B-6-121, unless that right has been terminated by:
(i) waiver;
(ii) relinquishment;
(iii) consent; or
(iv) judicial action;
(b) any person who has initiated a paternity proceeding and filed notice of that actionwith the state registrar of vital statistics within the Department of Health, in accordance withSubsection (3);
(c) any legally appointed custodian or guardian of the adoptee;
(d) the petitioner's spouse, if any, only if the petitioner's spouse has not joined in thepetition;
(e) the adoptee's spouse, if any;
(f) any person who, prior to the time the mother executes her consent for adoption orrelinquishes the child for adoption, is recorded on the birth certificate as the child's father, withthe knowledge and consent of the mother;
(g) a person who is:
(i) openly living in the same household with the child at the time the consent is executedor relinquishment made; and
(ii) holding himself out to be the child's father; and
(h) any person who is married to the child's mother at the time she executes her consentto the adoption or relinquishes the child for adoption.
(3) (a) In order to preserve any right to notice, an unmarried, biological father may,consistent with Subsection (3)(d):
(i) initiate proceedings in a district court of the state of Utah to establish paternity underTitle 78B, Chapter 15, Utah Uniform Parentage Act; and
(ii) file a notice of commencement of the proceedings described in Subsection (3)(a)(i)with the state registrar of vital statistics within the Department of Health.
(b) If the unmarried, biological father does not know the county in which the birthmother resides, he may initiate his action in any county, subject to a change in trial pursuant toSection 78B-3-307.
(c) The Department of Health shall provide forms for the purpose of filing the noticedescribed in Subsection (3)(a)(ii), and make those forms available in the office of the countyhealth department in each county.
(d) The action and notice described in Subsection (3)(a):
(i) may be filed before or after the child's birth; and
(ii) shall be filed prior to the mother's:
(A) execution of consent to adoption of the child; or
(B) relinquishment of the child for adoption.
(4) Notice provided in accordance with this section need not disclose the name of themother of the child who is the subject of an adoption proceeding.
(5) The notice required by this section:
(a) may be served at any time after the petition for adoption is filed;
(b) shall be served at least 30 days prior to the final dispositional hearing;
(c) shall specifically state that the person served must respond to the petition within 30days of service if he intends to intervene in or contest the adoption;
(d) shall state the consequences, described in Subsection (6)(b), for failure of a person tofile a motion for relief within 30 days after the day on which the person is served with notice ofan adoption proceeding;
(e) is not required to include, nor be accompanied by, a summons or a copy of thepetition for adoption; and
(f) shall state where the person may obtain a copy of the petition for adoption.
(6) (a) A person who has been served with notice of an adoption proceeding and whowishes to contest the adoption shall file a motion to intervene in the adoption proceeding:
(i) within 30 days after the day on which the person was served with notice of theadoption proceeding;
(ii) setting forth specific relief sought; and
(iii) accompanied by a memorandum specifying the factual and legal grounds uponwhich the motion is based.
(b) A person who fails to fully and strictly comply with all of the requirements describedin Subsection (6)(a) within 30 days after the day on which the person was served with notice ofthe adoption proceeding:
(i) waives any right to further notice in connection with the adoption;
(ii) forfeits all rights in relation to the adoptee; and
(iii) is barred from thereafter bringing or maintaining any action to assert any interest inthe adoptee.
(7) Service of notice under this section shall be made as follows:
(a) (i) Subject to Subsection (5)(e), service on a person whose consent is necessary underSection 78B-6-120 or 78B-6-121 shall be in accordance with the provisions of the Utah Rules ofCivil Procedure.
(ii) If service of a person described in Subsection (7)(a)(i) is by publication, the courtshall designate the content of the notice regarding the identity of the parties.
(iii) The notice described in this Subsection (7)(a) may not include the name of a personseeking to adopt the adoptee.
(b) (i) Except as provided in Subsection (7)(b)(ii) to any other person for whom notice isrequired under this section, service by certified mail, return receipt requested, is sufficient.
(ii) If the service described in Subsection (7)(b)(i) cannot be completed after twoattempts, the court may issue an order providing for service by publication, posting, or by anyother manner of service.
(c) Notice to a person who has initiated a paternity proceeding and filed notice of thataction with the state registrar of vital statistics in the Department of Health in accordance with
the requirements of Subsection (3), shall be served by certified mail, return receipt requested, atthe last address filed with the registrar.
(8) The notice required by this section may be waived in writing by the person entitled toreceive notice.
(9) Proof of service of notice on all persons for whom notice is required by this sectionshall be filed with the court before the final dispositional hearing on the adoption.
(10) Notwithstanding any other provision of law, neither the notice of an adoptionproceeding nor any process in that proceeding is required to contain the name of the person orpersons seeking to adopt the adoptee.
(11) Except as to those persons whose consent to an adoption is required under Section78B-6-120 or 78B-6-121, the sole purpose of notice under this section is to enable the personserved to:
(a) intervene in the adoption; and
(b) present evidence to the court relevant to the best interest of the child.
Amended by Chapter 237, 2010 General Session
