§ 81-13-208 — Prebirth notice to birth father of intent to place a minor child for adoption.

(1) As used in this section, "birth father" means:
(1)(a) a potential birth father; or
(1)(b) an unmarried biological father.
(2) Before the birth of a minor child, the following persons may notify a birth father of the minor child that the birth mother of the minor child is considering an adoptive placement for the minor child:
(2)(a) the minor child's birth mother;
(2)(b) a licensed child-placing agency;
(2)(c) an attorney representing a prospective adoptive parent of the minor child; or
(2)(d) an attorney representing the birth mother of the minor child.
(3) Providing a birth father with notice under Subsection (2) does not obligate the birth mother of the minor child to proceed with an adoptive placement of the minor child.
(4) The notice described in Subsection (2) shall include the name, address, and telephone number of the person providing the notice and the following information:
(4)(a) the birth mother's intent to place the minor child for adoption;
(4)(b) that the birth mother has named the person receiving this notice as a potential birth father of the minor child;
(4)(c) the requirements to contest the adoption, including taking the following steps within 30 days after the day on which the notice is served:
(4)(c)(i) initiating proceedings to establish or assert paternity in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, within 30 days after the day on which notice is served, including filing an affidavit stating:
(4)(c)(i)(A) that the birth father is fully able and willing to have full custody of the minor child;
(4)(c)(i)(B) the birth father's plans to care for the minor child; and
(4)(c)(i)(C) that the birth father agrees to pay for child support and expenses incurred in connection with the pregnancy and birth of the minor child; and
(4)(c)(ii) filing a notice of commencement of parentage proceedings with the office;
(4)(d) the consequences for failure to comply with Subsection (4)(c), including that:
(4)(d)(i) the birth father's ability to assert the right, if any, to consent or refuse to consent to the adoption is irrevocably lost;
(4)(d)(ii) the birth father will lose the ability to assert the right to contest any future adoption of the minor child; and
(4)(d)(iii) the birth father will lose the right, if any, to notice of any adoption proceedings related to the minor child;
(4)(e) that the birth father may consent to the adoption, if any, within 30 days after the day on which the notice is received, and that the birth father's consent is irrevocable; and
(4)(f) that no communication between the birth mother of the minor child and the birth father changes the rights and responsibilities of the birth father described in the notice.
(5) If a birth father does not fully and strictly comply with the requirements of Subsection (4)(c) within 30 days after the day on which the birth father receives the notice, the birth father will lose:
(5)(a) the ability to assert the right to consent or refuse to consent to an adoption of the minor child described in the notice;
(5)(b) the ability to assert the right to contest any future adoption of the minor child described in the notice; and
(5)(c) the right to notice of any adoption proceedings relating to the minor child described in the notice.
(6) If a person described in Subsection (2) chooses to notify a birth father under this section, the notice shall be served on a birth father in a manner consistent with the Utah Rules of Civil Procedure or by certified mail.

Legislative History

Renumbered and Amended by Chapter 426, 2025 General Session