(1)A petitioner in an adoption proceeding described in Section 81-13-204, 81-13-205, or 81-13-206 shall serve a notice of the adoption proceeding on each of the following persons:
(1)(a) any person or agency whose consent or relinquishment is required under Section 81-13-212 or 81-13-213, unless that right has been terminated by:
(1)(a)(i) waiver;
(1)(a)(ii) relinquishment;
(1)(a)(iii) actual or implied consent; or
(1)(a)(iv) judicial action;
(1)(b) any person who has initiated a parentage proceeding and filed notice of that action with the the office in accordance with Subsection (3);
(1)(c) any legally appointed custodian or guardian of the child adoptee;
(1)(d) the petitioner's spouse if the petitioner is married and the petitioner's spouse has not joined in the petition;
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(1) A petitioner in an adoption proceeding described in Section 81-13-204, 81-13-205, or 81-13-206 shall serve a notice of the adoption proceeding on each of the following persons:
(1)(a) any person or agency whose consent or relinquishment is required under Section 81-13-212 or 81-13-213, unless that right has been terminated by:
(1)(a)(i) waiver;
(1)(a)(ii) relinquishment;
(1)(a)(iii) actual or implied consent; or
(1)(a)(iv) judicial action;
(1)(b) any person who has initiated a parentage proceeding and filed notice of that action with the the office in accordance with Subsection (3);
(1)(c) any legally appointed custodian or guardian of the child adoptee;
(1)(d) the petitioner's spouse if the petitioner is married and the petitioner's spouse has not joined in the petition;
(1)(e) the child adoptee's spouse if the child adoptee is married;
(1)(f) any individual who, before the time the birth mother executes the birth mother's consent for adoption or relinquishes the child adoptee for adoption, is recorded on the birth certificate as the child adoptee's parent, with the knowledge and consent of the birth mother;
(1)(g) any individual who is:
(1)(g)(i) openly living in the same household with the child adoptee at the time the consent is executed or relinquishment made; and
(1)(g)(ii) holding the individual out to be the child adoptee's parent; and
(1)(h) an individual who is married to the child adoptee's birth mother at the time the birth mother executes the birth mother's consent to the adoption or relinquishes the child adoptee for adoption, unless the court finds that the mother's spouse is not the child adoptee's parent under Section 81-5-607.
(2) (2)(a) Except as provided in Subsections (2)(b) and (c), the petitioner may serve the notice described in Subsection (1) at any time after the petition for the adoption proceeding is filed.
(2)(b) The petitioner may not serve the notice described in Subsection (2)(a) on a birth mother before the birth mother has given birth to the minor child who is the subject of the petition.
(2)(c) The petitioner shall serve the notice described in Subsection (1) at least 30 days prior to the final dispositional hearing.
(3) (3)(a) An unmarried biological father, by virtue of the fact that the unmarried biological father has engaged in a sexual relationship with a woman:
(3)(a)(i) is considered to be on notice that a pregnancy and an adoption proceeding regarding a minor child may occur; and
(3)(a)(ii) has a duty to protect the unmarried biological father's own rights and interests.
(3)(b) An unmarried biological father is entitled to actual notice of a birth or an adoption proceeding with regard to the unmarried biological father's minor child only as provided in this section or Section 81-13-209.
(3)(c) In order to preserve any right to notice, an unmarried biological father shall, consistent with Subsection (3)(f):
(3)(c)(i) initiate proceedings in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to establish parentage under Chapter 5, Uniform Parentage Act; and
(3)(c)(ii) file a notice of commencement of the proceedings described in Subsection (3)(c)(i) with the office.
(3)(d) Notwithstanding Section 81-13-102 or Title 78B, Chapter 3a, Venue for Civil Actions, an unmarried biological father may initiate an action described in Subsection (3)(c) in any county if the unmarried biological father does not know the county in which the birth mother resides.
(3)(e) The Department of Health and Human Services shall provide forms for the purpose of filing the notice described in Subsection (3)(c)(ii), and make those forms available in the office of the county health department in each county.
(3)(f) When the office receives a completed form, the office shall:
(3)(f)(i) record the date and time the form was received; and
(3)(f)(ii) immediately enter the information provided by the unmarried biological father in the confidential registry described in Subsection 81-13-213(4)(c).
(3)(g) (3)(g)(i) An unmarried biological father may file the action and notice described in Subsection (3)(c) before or after the minor child's birth.
(3)(g)(ii) An unmarried biological father shall file the action and notice described in Subsection (3)(c) before the mother's:
(3)(g)(ii)(A) execution of consent to adoption of the minor child; or
(3)(g)(ii)(B) relinquishment of the minor child for adoption.
(3)(h) Notwithstanding Subsection (2)(b), an unmarried biological father is not entitled to notice of an adoption proceeding in a case where it is shown that the minor child was conceived as a result of conduct that constitutes a sexual offense, regardless of whether the unmarried biological father is formally charged with or convicted of the sexual offense.
(4) Notice provided in accordance with this section need not disclose the name of the birth mother of the minor child who is the subject of an adoption proceeding.
(5) The notice required by this section:
(5)(a) shall specifically state that the person served shall fulfill the requirements of Subsection (6)(a) within 30 days after the day on which the person receives service if the person intends to intervene in or contest the adoption;
(5)(b) shall state the consequences, described in Subsection (6)(b), for failure of a person to file a motion for relief within 30 days after the day on which the person is served with notice of an adoption proceeding;
(5)(c) is not required to include, or be accompanied by, a summons or a copy of the petition for adoption;
(5)(d) shall state where the person may obtain a copy of the petition for adoption; and
(5)(e) shall indicate the right to the appointment of counsel for a party whom the court determines is indigent and at risk of losing the party's parental rights.
(6) (6)(a) A person who has been served with notice of an adoption proceeding and who wishes to contest the adoption shall file a motion to intervene in the adoption proceeding:
(6)(a)(i) within 30 days after the day on which the person was served with notice of the adoption proceeding;
(6)(a)(ii) setting forth specific relief sought; and
(6)(a)(iii) accompanied by a memorandum specifying the factual and legal grounds upon which the motion is based.
(6)(b) A person who fails to fully and strictly comply with all of the requirements described in Subsection (6)(a) within 30 days after the day on which the person was served with notice of the adoption proceeding:
(6)(b)(i) waives any right to further notice in connection with the adoption;
(6)(b)(ii) forfeits all rights in relation to the adoptee; and
(6)(b)(iii) is barred from thereafter bringing or maintaining any action to assert any interest in the adoptee.
(7) (7)(a) (7)(a)(i) Subject to Subsection (5)(c), the petitioner shall serve a person whose consent is necessary under Section 81-13-212 or 81-13-213 in accordance with the Utah Rules of Civil Procedure.
(7)(a)(ii) If service of a person described in Subsection (7)(a)(i) is by publication, the court shall designate the content of the notice regarding the identity of the parties.
(7)(a)(iii) The notice described in this Subsection (7)(a) may not include the name of a person seeking to adopt the adoptee.
(7)(b) (7)(b)(i) Except as provided in Subsection (7)(b)(ii) to any other person for whom notice is required under this section, service by certified mail, return receipt requested, is sufficient.
(7)(b)(ii) If the service described in Subsection (7)(b)(i) cannot be completed after two attempts, the court may issue an order providing for service by publication, posting, or by any other manner of service.
(7)(c) Notice to an individual, who has initiated a parentage proceeding and filed notice of that action with the office in accordance with the requirements of Subsection (3), shall be served by certified mail, return receipt requested, at the last address filed with the office.
(8) The notice required by this section may be waived in writing by the person entitled to receive notice.
(9) Proof of service of notice on all persons for whom notice is required by this section shall be filed with the court before the final dispositional hearing on the adoption.
(10) Notwithstanding any other provision of law, neither the notice of an adoption proceeding nor any process in that proceeding is required to contain the name of the person or persons seeking to adopt the child adoptee.
(11) Except as to those persons whose consent to an adoption is required under Section 81-13-212 or 81-13-213, the sole purpose of notice under this section is to enable the person served to:
(11)(a) intervene in the adoption; and
(11)(b) present evidence to the court relevant to the best interest of the child adoptee.