§ 80-4-105 — Effect of decree.

(1) An order for the termination of parental rights divests the child and the parents of all legal rights, powers, immunities, duties, and obligations with respect to each other, except the right of the child to inherit from the parent.
(2) (2)(a) An order or decree entered under this chapter may not disentitle a child to any benefit due to the child from any third person, including any Indian tribe, agency, state, or the United States.
(2)(b) (2)(b)(i) An order or decree entered under this chapter shall explicitly address whether any arrears in child support in relation to the child exist and, subject to Subsection (2)(b)(ii), shall:
(2)(b)(i)(A) order that the child support arrears be preserved and be subject to collection, including through the Office of Recovery Services; and
(2)(b)(i)(B) state the amount of child support arrears owing as of the time of entry of the order or decree.
(2)(b)(ii) The order required by Subsection (2)(b)(i) is a presumption that is rebuttable only upon a showing by a preponderance of the evidence that the best interest of the child mitigates all or part of any child support arrears owing.
(3) Except as provided in Sections 80-4-401 and 80-4-402, after the termination of a parent's parental rights, the former parent:
(3)(a) is not entitled to any notice of proceedings for the adoption of the child; and
(3)(b) does not have any right to object to the adoption or to participate in any other placement proceedings.
(4) An order terminating the rights of a parent, guardian, or custodian does not expire with termination of the jurisdiction of the juvenile court.

Legislative History

Amended by Chapter 479, 2025 General Session