(a)Once the petition for adoption and any necessary accompanying documentation has been filed, the court shall set a dispositional hearing to take place as soon as practicable, but no later than 120 days after the filing. Upon good cause shown, the court may extend the time for the dispositional hearing.
(b)At the dispositional hearing, the court shall approve the adoption if it finds, based on clear and convincing evidence, all of the following:
(1)The adoptee has been in the actual physical custody of the petitioner or petitioners for a period of 60 days, unless for good cause shown, this requirement is waived by the court.
(2)All necessary consents, relinquishments, terminations, or waivers have been obtained and, if appropriate, filed with the court.
(3)All documentation required
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(a) Once the petition for adoption and any necessary accompanying documentation has been filed, the court shall set a dispositional hearing to take place as soon as practicable, but no later than 120 days after the filing. Upon good cause shown, the court may extend the time for the dispositional hearing.
(b) At the dispositional hearing, the court shall approve the adoption if it finds, based on clear and convincing evidence, all of the following:
(1) The adoptee has been in the actual physical custody of the petitioner or petitioners for a period of 60 days, unless for good cause shown, this requirement is waived by the court.
(2) All necessary consents, relinquishments, terminations, or waivers have been obtained and, if appropriate, filed with the court.
(3) All documentation required pursuant to Section 26-10E-19 or 26-10E-19.1, where applicable, has been filed with the court, unless excluded under Sections 26-10E-26 and 26-10E-27.
(4) Service of the notice of pendency of the adoption proceeding has been made or dispensed with as to all persons entitled to receive notice under Section 26-10E-17.
(5) All contests brought under Section 26-10E-23 have been resolved in favor of the petitioner or petitioners.
(6) Each petitioner is a suitable adoptive parent and desires to establish a parent and child relationship between himself or herself and the adoptee.
(7) That the best interest of the adoptee is served by the adoption.
(8) That each petitioner has been cleared through each of the following background checks:
a. Letters of suitability, pursuant to Chapter 13 of Title 38, for each adult living in the home of the petitioner or petitioners based on the information available in this state.
b. Child abuse and neglect clearances pursuant to the Adam Walsh Child Protection and Safety Act, Public Law 109-248, as amended, for all household members 14 years of age and older from any state in which any petitioners have resided in the preceding five years.
c. A printed copy of the search on the Dru Sjodin National Sex Offender Public Website for all household members 14 years of age and older.
(9) That the petitioner has no known history of failure, to pay child support.
(10) A sworn statement of full accounting of disbursements pursuant to Section 26-10E-22, if applicable, has been filed.
(11) All other requirements of this chapter have been met.
(c) The court shall enter its finding in a written final judgment of adoption, which:
(1) Shall also include the new name of the adoptee after adoption, except: (i) in cases of relative adoption under Section 26-10E-27 where the adoptee shares the relative’s same last name; or (ii) in cases where an adoptee is 14 years of age or older and does not want to change his or her name as provided in Section 26-10E-28, provided that the final judgment may not include any other name by which the adoptee has been known or any names of the former parent;
(2) Shall further order that, from the date of the entry of judgment, the adoptee shall be the child of the petitioner or petitioners, and that the adoptee shall be accorded the status set forth in Section 26-10E-28; and
(3) Shall include any other information required by federal law or federal regulation.