State Codes and Statutes
Statutes > Utah > Title-78b > Chapter-06 > 78b-6-12178B-6-121. Consent of unmarried biological father.
(1) Except as provided in Subsections (2)(a) and 78B-6-122(1), and subject to Subsection(5), with regard to a child who is placed with adoptive parents more than six months after birth,consent of an unmarried biological father is not required unless the unmarried biological father:
(a) (i) developed a substantial relationship with the child by:
(A) visiting the child monthly, unless the unmarried biological father was physically orfinancially unable to visit the child on a monthly basis; or
(B) engaging in regular communication with the child or with the person or authorizedagency that has lawful custody of the child;
(ii) took some measure of responsibility for the child and the child's future; and
(iii) demonstrated a full commitment to the responsibilities of parenthood by financialsupport of the child of a fair and reasonable sum in accordance with the father's ability; or
(b) (i) openly lived with the child:
(A) (I) for a period of at least six months during the one-year period immediatelypreceding the day on which the child is placed with adoptive parents; or
(II) if the child is less than one year old, for a period of at least six months during theperiod of time beginning on the day on which the child is born and ending on the day on whichthe child is placed with adoptive parents; and
(B) immediately preceding placement of the child with adoptive parents; and
(ii) openly held himself out to be the father of the child during the six-month perioddescribed in Subsection (1)(b)(i)(A).
(2) (a) If an unmarried biological father was prevented from complying with arequirement of Subsection (1) by the person or authorized agency having lawful custody of thechild, the unmarried biological father is not required to comply with that requirement.
(b) The subjective intent of an unmarried biological father, whether expressed orotherwise, that is unsupported by evidence that the requirements in Subsection (1) have beenmet, shall not preclude a determination that the father failed to meet the requirements ofSubsection (1).
(3) Except as provided in Subsection 78B-6-122(1), and subject to Subsection (5), withregard to a child who is six months of age or less at the time the child is placed with adoptiveparents, consent of an unmarried biological father is not required unless, prior to the time themother executes her consent for adoption or relinquishes the child for adoption, the unmarriedbiological father:
(a) initiates proceedings in a district court of Utah to establish paternity under Title 78B,Chapter 15, Utah Uniform Parentage Act;
(b) files with the court that is presiding over the paternity proceeding a sworn affidavit:
(i) stating that he is fully able and willing to have full custody of the child;
(ii) setting forth his plans for care of the child; and
(iii) agreeing to a court order of child support and the payment of expenses incurred inconnection with the mother's pregnancy and the child's birth;
(c) consistent with Subsection (4), files notice of the commencement of paternityproceedings, described in Subsection (3)(a), with the state registrar of vital statistics within theDepartment of Health, in a confidential registry established by the department for that purpose;and
(d) offered to pay and paid a fair and reasonable amount of the expenses incurred in
connection with the mother's pregnancy and the child's birth, in accordance with his financialability, unless:
(i) he did not have actual knowledge of the pregnancy;
(ii) he was prevented from paying the expenses by the person or authorized agencyhaving lawful custody of the child; or
(iii) the mother refuses to accept the unmarried biological father's offer to pay theexpenses described in this Subsection (3)(d).
(4) The notice described in Subsection (3)(c) is considered filed when it is entered intothe registry described in Subsection (3)(c).
(5) Consent of an unmarried biological father is not required under this section if:
(a) the court determines, in accordance with the requirements and procedures of Title78A, Chapter 6, Part 5, Termination of Parental Rights Act, that the unmarried biological father'srights should be terminated, based on the petition of any interested party; or
(b) (i) a declaration of paternity declaring the unmarried biological father to be the fatherof the child is rescinded under Section 78B-15-306; and
(ii) the unmarried biological father fails to comply with Subsection (3) within 10business days after the day that notice of the rescission described in Subsection (5)(b)(i) is mailedby the Office of Vital Records within the Department of Health as provided in Section78B-15-306.
(6) Unless the adoptee is conceived or born within a marriage, the petitioner in anadoption proceeding shall, prior to entrance of a final decree of adoption, file with the court acertificate from the state registrar of vital statistics within the Department of Health, stating:
(a) that a diligent search has been made of the registry of notices from unmarriedbiological fathers described in Subsection (3)(c); and
(b) (i) that no filing has been found pertaining to the father of the child in question; or
(ii) if a filing is found, the name of the putative father and the time and date of filing.
Amended by Chapter 159, 2009 General Session
