Utah § 81-13-220 Effect of adoption of a minor child on pre-existing parent.

Utah Statutes

§ 81-13-220 — Effect of adoption of a minor child on pre-existing parent.

Utah·Title 81 Utah Domestic Relations Code·Ch. 81-13 Adoption·Part 81-13-2 Adoption of a Minor Child

(1)A pre-existing parent of a child adoptee:

(1)(a) is released from all parental rights and duties toward and all responsibilities for the child adoptee, including residual parental rights and duties, as defined in Section 80-1-102; and

(1)(b) has no further parental rights or duties with regard to the child adoptee at the earlier of:

(1)(b)(i) the time the pre-existing parent's parental rights are terminated; or

(1)(b)(ii) except as provided in Subsection (2), and subject to Subsections (3) and (4), the time the final decree of adoption is entered.

(2)The parental rights and duties of a pre-existing parent who, at the time the child adoptee is adopted, is lawfully married to the individual adopting the child adoptee are not released under Subsection (1)(b).

(3)The parental rights and

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(1) A pre-existing parent of a child adoptee:
(1)(a) is released from all parental rights and duties toward and all responsibilities for the child adoptee, including residual parental rights and duties, as defined in Section 80-1-102; and
(1)(b) has no further parental rights or duties with regard to the child adoptee at the earlier of:
(1)(b)(i) the time the pre-existing parent's parental rights are terminated; or
(1)(b)(ii) except as provided in Subsection (2), and subject to Subsections (3) and (4), the time the final decree of adoption is entered.
(2) The parental rights and duties of a pre-existing parent who, at the time the child adoptee is adopted, is lawfully married to the individual adopting the child adoptee are not released under Subsection (1)(b).
(3) The parental rights and duties of a pre-existing parent who, at the time the child adoptee is adopted, is not lawfully married to the individual adopting the child adoptee are released under Subsection (1)(b).
(4) (4)(a) Notwithstanding the provisions of this section, the court may allow a prospective adoptive parent to adopt a child adoptee without releasing the pre-existing parent from parental rights and duties under Subsection (1)(b), if:
(4)(a)(i) the pre-existing parent and the prospective adoptive parent were lawfully married at some time during the child adoptee's life;
(4)(a)(ii) the pre-existing parent consents to the prospective adoptive parent's adoption of the child adoptee or is unable to consent because the pre-existing parent is deceased or incapacitated;
(4)(a)(iii) notice of the adoption proceeding is provided in accordance with Section 81-13-207;
(4)(a)(iv) consent to the adoption is provided in accordance with Section 81-13-212; and
(4)(a)(v) the court finds that it is in the best interest of the child adoptee to grant the adoption without releasing the pre-existing parent from parental rights and duties.
(4)(b) This Subsection (4) does not permit a child adoptee to have more than two parents.
(5) This section may not be construed as terminating any child support obligation of a parent incurred before the adoption.

Utah § 81-13-220 (Effect of adoption of a minor child on pre-existing parent.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.