§ 81-13-213 — Consent of unmarried biological father.
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(1) As used in this section, "qualifying circumstance" means that, at any point during the time period beginning at the conception of the child adoptee and ending at the time that the birth mother executes a consent to adoption or relinquishment of the child adoptee for adoption:
(1)(a) the child adoptee or the child adoptee's birth mother resided on a permanent basis, or a temporary basis of no less than 30 consecutive days, in the state;
(1)(b) the birth mother intended to give birth to the child adoptee in the state;
(1)(c) the child adoptee was born in the state; or
(1)(d) the birth mother intended to execute a consent to adoption or relinquishment of the child adoptee for adoption in the state or under the laws of the state.
(2) Except as provided in Subsections (3)(a) and (8), and subject to Subsections (6) and (7), the consent of an unmarried biological father to the adoption of a child adoptee, who is placed with prospective adoptive parents more than 180 days after birth, is not required unless the unmarried biological father:
(2)(a) (2)(a)(i) developed a substantial relationship with the child adoptee by:
(2)(a)(i)(A) visiting the child adoptee monthly, unless the unmarried biological father was physically or financially unable to visit the child adoptee on a monthly basis; or
(2)(a)(i)(B) engaging in regular communication with the child adoptee or with the person or authorized agency that has lawful custody of the child adoptee;
(2)(a)(ii) took some measure of responsibility for the child adoptee and the child adoptee's future; and
(2)(a)(iii) demonstrated a full commitment to the responsibilities of parenthood by financial support of the child adoptee of a fair and reasonable sum in accordance with the unmarried biological father's ability; or
(2)(b) (2)(b)(i) if the child adoptee is younger than one year old, openly lived with the child adoptee immediately preceding placement of the child adoptee with the prospective adoptive parents for a period of at least 180 days during the period of time beginning on the day on which the child adoptee is born and ending on the day on which the child adoptee is placed with prospective adoptive parents;
(2)(b)(ii) if the child adoptee is one year old or older, openly lived with the child adoptee immediately preceding placement of the child adoptee with the prospective adoptive parents for a period of at least 180 days during the one-year period immediately preceding the day on which the child adoptee is placed with prospective adoptive parents; or
(2)(b)(iii) openly held himself out to be the father of the child adoptee during the 180-day period described in Subsection (2)(b)(i) or (ii).
(3) (3)(a) If an unmarried biological father was prevented from complying with a requirement described in Subsection (2) by the person or authorized agency having lawful custody of the child adoptee, the unmarried biological father is not required to comply with that requirement.
(3)(b) The subjective intent of an unmarried biological father, whether expressed or otherwise, that is unsupported by evidence that the requirements in Subsection (2) have been met, shall not preclude a determination that the unmarried biological father failed to meet the requirements of Subsection (2).
(4) Except as provided in Subsections (7) and (8), and subject to Subsection (6), the consent of an unmarried biological father to the adoption of a child adoptee, who is 180 days old or younger at the time that the child adoptee is placed with the prospective adoptive parents, is not required unless, before the time that the birth mother executes the birth mother's consent for adoption or relinquishes the child adoptee for adoption, the unmarried biological father:
(4)(a) initiates proceedings in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to establish parentage under Chapter 5, Uniform Parentage Act;
(4)(b) files with the court that is presiding over the parentage proceeding a sworn affidavit:
(4)(b)(i) stating that the unmarried biological father is fully able and willing to have full custody of the child adoptee;
(4)(b)(ii) setting forth the unmarried biological father's plans for care of the child adoptee; and
(4)(b)(iii) agreeing to a court order of child support and the payment of expenses incurred in connection with the birth mother's pregnancy and the child adoptee's birth;
(4)(c) consistent with Subsection (5), files notice of the commencement of parentage proceedings described in Subsection (4)(a), with the office in a confidential registry established by the office for that purpose; and
(4)(d) offered to pay and paid, during the pregnancy and after the child adoptee's birth, a fair and reasonable amount of the expenses incurred in connection with the birth mother's pregnancy and the child adoptee's birth, in accordance with the unmarried biological father's financial ability, unless:
(4)(d)(i) the unmarried biological father did not have actual knowledge of the pregnancy;
(4)(d)(ii) the unmarried biological father was prevented from paying the expenses by the person or authorized agency having lawful custody of the child adoptee; or
(4)(d)(iii) the birth mother refused to accept the unmarried biological father's offer to pay the expenses described in this Subsection (4)(d).
(5) (5)(a) The notice described in Subsection (4)(c) is considered filed when received by the office.
(5)(b) If the unmarried biological father fully complies with the requirements of Subsection (4), and an adoption of the child adoptee is not completed, the unmarried biological father shall, without any order of the court, be legally obligated for a reasonable amount of child support, pregnancy expenses, and child birth expenses, in accordance with the unmarried biological father's financial ability.
(6) Unless the unmarried biological father's ability to assert the right to consent has been lost for failure to comply with Section 81-13-208, or lost under another provision of Utah law, an unmarried biological father shall have at least one business day after the child adoptee's birth to fully and strictly comply with the requirements of Subsection (4).
(7) The consent of an unmarried biological father to the adoption of a child adoptee is not required under this section if:
(7)(a) the court determines, in accordance with the requirements and procedures of Title 80, Chapter 4, Termination and Restoration of Parental Rights, that the unmarried biological father's rights should be terminated, based on the petition of any interested party;
(7)(b) (7)(b)(i) a voluntary declaration of paternity declaring the unmarried biological father to be the father of the child adoptee is rescinded under Section 81-5-306; and
(7)(b)(ii) the unmarried biological father fails to comply with Subsection (4) within 10 business days after the day that notice of the rescission described in Subsection (7)(b)(i) is mailed by the office as provided in Section 81-5-306; or
(7)(c) the unmarried biological father is notified under Section 81-13-208 and fails to preserve the unmarried biological father's rights in accordance with the requirements of Section 81-13-208.
(8) Notwithstanding Subsections (2) and (4), the consent of an unmarried biological father to the adoption of a child adoptee is required if:
(8)(a) (8)(a)(i) the unmarried biological father did not know, and through the exercise of reasonable diligence could not have known, before the time the birth mother executed a consent to adoption or relinquishment of the child adoptee for adoption that a qualifying circumstance existed;
(8)(a)(ii) before the birth mother executed a consent to adoption or relinquishment of the child adoptee for adoption, the unmarried biological father fully complied with the requirements to establish parental rights and duties in the child adoptee, and to preserve the right to notice of a proceeding in connection with the adoption of the child adoptee, imposed by:
(8)(a)(ii)(A) the last state where the unmarried biological father knew, or through the exercise of reasonable diligence should have known, that the birth mother resided in before the birth mother executed the consent to adoption or relinquishment of the child adoptee for adoption; or
(8)(a)(ii)(B) the state where the child adoptee was conceived; and
(8)(a)(iii) the unmarried biological father has demonstrated, based on the totality of the circumstances, a full commitment to the unmarried biological father's parental responsibilities as described in Subsection (9); or
(8)(b) (8)(b)(i) the unmarried biological father knew, or through the exercise of reasonable diligence should have known, before the time the birth mother executed a consent to adoption or relinquishment of the child adoptee for adoption that a qualifying circumstance existed; and
(8)(b)(ii) the unmarried biological father complied with the requirements of Subsections (2) through (7) before the later of:
(8)(b)(ii)(A) 20 days after the day that the unmarried biological father knew, or through the exercise of reasonable diligence should have known, that a qualifying circumstance existed; or
(8)(b)(ii)(B) the time that the birth mother executed a consent to adoption or relinquishment of the child adoptee for adoption.
(9) When determining whether an unmarried biological father has demonstrated a full commitment to the unmarried biological father's parental responsibilities for purposes of Subsection (8)(a)(iii), a court shall consider the totality of the circumstances, including, if applicable:
(9)(a) the efforts the unmarried biological father has taken to discover the location of the child adoptee or the child adoptee's birth mother;
(9)(b) whether the unmarried biological father has expressed and demonstrated an interest in taking responsibility for the child adoptee;
(9)(c) whether, and to what extent, the unmarried biological father has developed, or attempted to develop, a relationship with the child adoptee;
(9)(d) whether the unmarried biological father offered to provide and, unless the offer was rejected, did provide, financial support for the child adoptee or the child adoptee's birth mother;
(9)(e) whether, and to what extent, the unmarried biological father has communicated, or attempted to communicate, with the child adoptee or the child adoptee's birth mother;
(9)(f) whether the unmarried biological father has timely filed legal proceedings to establish the unmarried biological father's parentage of, and take responsibility for, the child adoptee; and
(9)(g) whether the unmarried biological father has timely filed a notice with a public official or agency relating to:
(9)(g)(i) the unmarried biological father's parentage of the child adoptee;
(9)(g)(ii) legal proceedings to establish the unmarried biological father's parentage of the child adoptee; or
(9)(g)(iii) other evidence that shows whether the unmarried biological father has demonstrated a full commitment to the unmarried biological father's parental responsibilities.
(10) An unmarried biological father who does not fully and strictly comply with the requirements of this section is considered to have waived and surrendered any right in relation to the child adoptee, including the right to:
(10)(a) notice of any judicial proceeding in connection with the adoption of the child adoptee; and
(10)(b) consent, or refuse to consent, to the adoption of the child adoptee.
(11) Notwithstanding any other provision of this section, the consent of an unmarried biological father is not required in a case where it is shown that the child adoptee 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.
(12) Unless the child adoptee is conceived or born within a marriage, the petitioner in an adoption proceeding shall, before entrance of a final decree of adoption, file with the court a certificate from the office, stating:
(12)(a) that a diligent search has been made of the registry of notices from unmarried biological fathers described in Subsection (4)(c); and
(12)(b) (12)(b)(i) that no filing has been found pertaining to the unmarried biological father of the child adoptee in question; or
(12)(b)(ii) if a filing is found, the name of the unmarried biological father and the time and date of filing.
(13) Unless an individual who is an unmarried biological father has fully and strictly complied with the requirements of this section and Section 81-13-212, an out-of-state order that adjudicates parentage, or an out-of-state declaration or acknowledgment of paternity:
(13)(a) only has the effect of establishing that the individual is an unmarried biological father of the child adoptee to whom the order, declaration, or acknowledgment relates; and
(13)(b) does not entitle the individual to:
(13)(b)(i) notice of any judicial proceeding related to the adoption of the child adoptee;
(13)(b)(ii) the right to consent, or refuse to consent, to the adoption of the child adoptee; or
(13)(b)(iii) the right to custody of, control over, or visitation with the child adoptee.
Utah § 81-13-213 (Consent of unmarried biological father.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.