State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-06 > 78b-6-115

78B-6-115. Who may adopt -- Adoption of minor -- Adoption of adult.
(1) For purposes of this section, "vulnerable adult" means:
(a) a person 65 years of age or older; or
(b) an adult, 18 years of age or older, who has a mental or physical impairment whichsubstantially affects that person's ability to:
(i) provide personal protection;
(ii) provide necessities such as food, shelter, clothing, or medical or other health care;
(iii) obtain services necessary for health, safety, or welfare;
(iv) carry out the activities of daily living;
(v) manage the adult's own resources; or
(vi) comprehend the nature and consequences of remaining in a situation of abuse,neglect, or exploitation.
(2) Subject to this section and Section 78B-6-117, any adult may be adopted by anotheradult.
(3) The following provisions of this part apply to the adoption of an adult just as thoughthe person being adopted were a minor:
(a) (i) Section 78B-6-108;
(ii) Section 78B-6-114;
(iii) Section 78B-6-116;
(iv) Section 78B-6-118;
(v) Section 78B-6-124;
(vi) Section 78B-6-136;
(vii) Section 78B-6-137;
(viii) Section 78B-6-138;
(ix) Section 78B-6-139;
(x) Section 78B-6-141; and
(xi) Section 78B-6-142;
(b) Subsections 78B-6-105(1)(a), (1)(b)(i), (1)(b)(ii), (2), and (7), except that the juvenilecourt does not have jurisdiction over a proceeding for adoption of an adult, unless the adoptionarises from a case where the juvenile court has continuing jurisdiction over the adult adoptee; and
(c) if the adult adoptee is a vulnerable adult, Sections 78B-6-128 through 78B-6-131,regardless of whether the adult adoptee resides, or will reside, with the adoptors, unless the court,based on a finding of good cause, waives the requirements of those sections.
(4) Before a court enters a final decree of adoption of an adult, the adoptee and theadoptive parent or parents shall appear before the court presiding over the adoption proceedingsand execute consent to the adoption.
(5) No provision of this part, other than those listed or described in this section orSection 78B-6-117, apply to the adoption of an adult.

Amended by Chapter 159, 2009 General Session
Amended by Chapter 356, 2009 General Session