§ 81-13-101 — Definitions for chapter.

As used in this chapter:
(1) "Adoptee" means:
(1)(a) a child adoptee; or
(1)(b) an adult adoptee.
(2) "Adoption" means the process by which an individual seeks to:
(2)(a) create the legal relationship of parent and child where the relationship did not previously exist; and
(2)(b) except as provided in Subsections 81-13-220(2) and (4) and Subsections 81-13-306(2) and (4), terminate the parental rights of any other individual with respect to the child.
(3) "Adoption document" means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate.
(4) "Adoption proceeding" means any proceeding under this chapter.
(5) "Adoption service provider" means:
(5)(a) a child-placing agency;
(5)(b) a licensed counselor who has at least one year of experience providing professional social work services to:
(5)(b)(i) adoptive parents;
(5)(b)(ii) prospective adoptive parents; or
(5)(b)(iii) birth parents; or
(5)(c) the Office of Licensing within the Department of Health and Human Services.
(6) "Adoptive parent" means an individual who has legally adopted an adoptee.
(7) "Adult" means an individual who is 18 years old or older.
(8) "Adult adoptee" means an individual:
(8)(a) who is an adult and is the subject of an adoption proceeding; or
(8)(b) who was adopted when the individual was an adult.
(9) "Adult sibling" means an individual:
(9)(a) who is a child adoptee's brother or sister;
(9)(b) who is 18 years old or older; and
(9)(c) whose birth parent is the same as that of the child adoptee.
(10) "Birth mother" means the same as that term is defined in Section 81-5-102.
(11) "Birth parent" means:
(11)(a) an individual that has a parent-child relationship with an adoptee as described in Section 81-5-201;
(11)(b) a man who:
(11)(b)(i) has been identified as the father of an adoptee by the adoptee's birth mother; and
(11)(b)(ii) has not denied paternity; or
(11)(c) an unmarried biological father.
(12) "Child adoptee" means an individual:
(12)(a) who is a minor child and is the subject of an adoption proceeding; or
(12)(b) who was adopted when the individual was a minor child.
(13) "Child-placing agency" means an agency licensed to place a minor child for adoption under Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities.
(14) "Cohabiting" means residing with another individual and being involved in a sexual relationship with that individual.
(15) "Division" means the Division of Child and Family Services, within the Department of Health and Human Services, created in Section 80-2-201.
(16) "Extra-jurisdictional child-placing agency" means an agency licensed to place children for adoption by a district, territory, or state of the United States, other than Utah.
(17) "Genetic and social history" means a comprehensive report, when obtainable, that contains the following information on an adoptee's birth parents, aunts, uncles, and grandparents:
(17)(a) medical history;
(17)(b) health status;
(17)(c) cause of and age at death;
(17)(d) height, weight, and eye and hair color;
(17)(e) ethnic origins;
(17)(f) where appropriate, levels of education and professional achievement; and
(17)(g) religion, if any.
(18) "Health history" means a comprehensive report of the adoptee's health status at the time of placement for adoption, and medical history, including neonatal, psychological, physiological, and medical care history.
(19) "Identifying information" means information that is in the possession of the office and that contains:
(19)(a) the name and address of:
(19)(a)(i) a pre-existing parent; or
(19)(a)(ii) a child adoptee who is 18 years old or older; or
(19)(b) other specific information that by itself or in reasonable conjunction with other information may be used to identify a pre-existing parent or child adoptee, including information on a birth certificate or in an adoption document.
(20) "Licensed counselor" means an individual who is licensed by the state, or another state, district, or territory of the United States as a:
(20)(a) certified social worker;
(20)(b) clinical social worker;
(20)(c) psychologist;
(20)(d) marriage and family therapist;
(20)(e) clinical mental health counselor; or
(20)(f) an equivalent licensed professional of another state, district, or territory of the United States.
(21) "Man" means a male individual of any age.
(22) "Office" means the Office of Vital Records and Statistics within the Department of Health and Human Services operating under Title 26B, Chapter 8, Part 1, Vital Statistics.
(23) "Potential birth father" means a man who:
(23)(a) is identified by a birth mother as a potential biological father of the birth mother's minor child, but whose genetic paternity has not been established; and
(23)(b) was not married to the birth mother of the minor child described in Subsection (23)(a) at the time of the minor child's conception or birth.
(24) (24)(a) "Pre-existing parent" means an individual who is an adoptee's birth parent before an adoption decree is entered for the adoptee.
(24)(b) "Pre-existing parent" includes an individual who is legally the parent of the adoptee, due to an earlier adoption decree, before an adoption decree is entered for the adoptee.
(25) "Prospective adoptive parent" means an individual who seeks to adopt an adoptee.
(26) "Relative" means:
(26)(a) an adult who is a grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, sibling of a minor child, or first cousin of a minor child's parent; or
(26)(b) in the case of a minor child who is an "Indian child" under the Indian Child Welfare Act, 25 U.S.C. Sec. 1903, an "extended family member" as defined by that statute.
(27) "Unmarried biological father" means a man who:
(27)(a) is the biological father of a minor child; and
(27)(b) was not married to the birth mother of the minor child described in Subsection (27)(a) at the time of the minor child's conception or birth.
(28) "Vulnerable adult" means:
(28)(a) an individual who is 65 years old or older; or
(28)(b) an adult who has a mental or physical impairment that substantially affects that adult's ability to:
(28)(b)(i) provide personal protection;
(28)(b)(ii) provide necessities such as food, shelter, clothing, or medical or other health care;
(28)(b)(iii) obtain services necessary for health, safety, or welfare;
(28)(b)(iv) carry out the activities of daily living;
(28)(b)(v) manage the adult's own resources; or
(28)(b)(vi) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation.

Legislative History

Renumbered and Amended by Chapter 426, 2025 General Session