§ 81-13-215 — Contested adoption of a minor child -- Rights of parties -- Determination of custody.

(1) If an individual whose consent for an adoption of a minor child is required as described in Subsection 81-13-212(1)(b), (c), (d), (e), or (f) refused to consent, the court shall determine whether proper grounds exist for the termination of that individual's rights in accordance with this chapter or Title 80, Chapter 4, Termination and Restoration of Parental Rights.
(2) (2)(a) If there are proper grounds to terminate the individual's parental rights, the court shall order that the individual's rights be terminated.
(2)(b) If there are not proper grounds to terminate the individual's parental rights, the court shall:
(2)(b)(i) dismiss the adoption petition;
(2)(b)(ii) conduct an evidentiary hearing to determine who should have custody of the minor child; and
(2)(b)(iii) award custody of the minor child in accordance with the minor child's best interest.
(2)(c) Termination of an individual's parental rights does not terminate the right of a relative of the parent to seek adoption of the minor child.
(3) Evidence considered at the custody hearing may include:
(3)(a) evidence of psychological or emotional bonds that the minor child has formed with a third person, including the prospective adoptive parent; and
(3)(b) any detriment that a change in custody may cause the minor child.
(4) If the court dismisses the adoption petition, the fact that an individual relinquished a minor child for adoption or consented to the adoption may not be considered as evidence in a custody proceeding described in this section, or in any subsequent custody proceeding, that it is not in the minor child's best interest for custody to be awarded to such person or that:
(4)(a) the individual is unfit or incompetent to be a parent;
(4)(b) the individual has neglected or abandoned the minor child;
(4)(c) the individual is not interested in having custody of the minor child; or
(4)(d) the individual has forfeited the individual's parental presumption.
(5) Any custody order entered under this section may also:
(5)(a) include provisions for:
(5)(a)(i) parent-time; or
(5)(a)(ii) visitation by an interested third party, including the prospective adoptive parent; and
(5)(b) provide for the financial support of the minor child.
(6) (6)(a) If a person whose consent is required for an adoption under Subsection 81-13-212(1)(a) or (g) refuses to consent, the court shall proceed with an evidentiary hearing and award custody as described in Subsection (2).
(6)(b) The court may also finalize the adoption if doing so is in the best interest of the minor child.
(7) (7)(a) A person may not contest an adoption after the final decree of adoption is entered, if that person:
(7)(a)(i) was a party to the adoption proceeding;
(7)(a)(ii) was served with notice of the adoption proceeding; or
(7)(a)(iii) executed a consent to the adoption or relinquishment for adoption.
(7)(b) No person may contest an adoption after one year from the day on which the final decree of adoption is entered.
(7)(c) The limitations on contesting an adoption action, described in this Subsection (7), apply to all attempts to contest an adoption:
(7)(c)(i) regardless of whether the adoption is contested directly or collaterally; and
(7)(c)(ii) regardless of the basis for contesting the adoption, including claims of fraud, duress, undue influence, lack of capacity or competency, mistake of law or fact, or lack of jurisdiction.
(7)(d) The limitations on contesting an adoption action, described in this Subsection (7), do not prohibit a timely appeal of:
(7)(d)(i) a final decree of adoption; or
(7)(d)(ii) a decision in an action challenging an adoption, if the action was brought within the time limitations described in Subsections (7)(a) and (b).
(8) A court that has jurisdiction over a minor child for whom more than one petition for adoption is filed shall grant a hearing only under the following circumstances:
(8)(a) to a petitioner:
(8)(a)(i) with whom the minor child is placed;
(8)(a)(ii) who has custody or guardianship of the minor child;
(8)(a)(iii) who has filed a written statement with the court within 240 days after the day on which the shelter hearing is held:
(8)(a)(iii)(A) requesting immediate placement of the minor child with the petitioner; and
(8)(a)(iii)(B) expressing the petitioner's intention of adopting the minor child;
(8)(a)(iv) who is a relative with whom the minor child has a significant and substantial relationship and who was unaware, within 240 days after the day on which the shelter hearing is held, of the minor child's removal from the minor child's parent; or
(8)(a)(v) who is a relative with whom the minor child has a significant and substantial relationship and, in a case where the minor child is not placed with a relative or is placed with a relative that is unable or unwilling to adopt the minor child:
(8)(a)(v)(A) was actively involved in the minor child's child welfare case with the division or the juvenile court while the minor child's parent engaged in reunification services; and
(8)(a)(v)(B) filed a written statement with the court that includes the information described in Subsections (8)(a)(iii)(A) and (B) within 30 days after the day on which the court terminated reunification services; or
(8)(b) if the minor child:
(8)(b)(i) has been in the current placement for less than 180 days before the day on which the petitioner files the petition for adoption; or
(8)(b)(ii) is placed with, or is in the custody or guardianship of, an individual who previously informed the division or the court that the individual is unwilling or unable to adopt the minor child.
(9) (9)(a) If the court grants a hearing on more than one petition for adoption, there is a rebuttable presumption that it is in the best interest of a minor child to be placed for adoption with a petitioner:
(9)(a)(i) who has fulfilled the requirements of this chapter; and
(9)(a)(ii) (9)(a)(ii)(A) with whom the minor child has continuously resided for 180 days;
(9)(a)(ii)(B) who has filed a written statement with the court within 240 days after the day on which the shelter hearing is held, as described in Subsection (8)(a)(iii); or
(9)(a)(ii)(C) who is a relative described in Subsection (8)(a)(iv).
(9)(b) The court may consider other factors relevant to the best interest of the minor child to determine whether the presumption is rebutted.
(9)(c) The court shall weigh the best interest of the minor child uniformly between petitioners if more than one petitioner satisfies a rebuttable presumption condition described in Subsection (9)(a).
(10) Nothing in this section shall be construed to prevent the division or the minor child's guardian ad litem from appearing or participating in any proceeding for a petition for adoption.
(11) The division shall use best efforts to provide a known relative with timely information relating to the relative's rights or duties under this section.

Legislative History

Renumbered and Amended by Chapter 426, 2025 General Session