78B-6-105 - District court venue -- Jurisdiction of juvenile court -- Jurisdiction over nonresidents -- Time for filing.
78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction overnonresidents -- Time for filing.
(1) Adoption proceedings shall be commenced by filing a petition with the clerk of thedistrict court either:
(a) in the district where the person adopting resides;
(b) if the person adopting is not a resident of this state, in the district where:
(i) the proposed adoptee was born;
(ii) the proposed adoptee resides on the day on which the petition is filed; or
(iii) a parent of the proposed adoptee resides on the day on which the petition is filed; or
(c) with the juvenile court as provided in Subsection 78A-6-103(1).
(2) All orders, decrees, agreements, and notices in the proceedings shall be filed with theclerk of the court where the adoption proceedings were commenced under Subsection (1).
(3) A petition for adoption:
(a) may be filed before or after the adoptee is placed in the home of the petitioner for thepurpose of adoption; and
(b) shall be filed no later than 30 days after the day on which the adoptee is placed in thehome of the petitioners for the purpose of adoption, unless:
(i) the time for filing has been extended by the court; or
(ii) the adoption is arranged by a child-placing agency in which case the agency mayextend the filing time.
(4) (a) If a person whose consent for the adoption is required under Section 78B-6-120 or78B-6-121 cannot be found within the state, the fact of the minor's presence within the state shallconfer jurisdiction on the court in proceedings under this chapter as to such absent person,provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.
(b) The notice may not include the name of:
(i) the person or persons seeking to adopt the adoptee; or
(ii) an unmarried mother without her consent.
(5) Service of notice as provided in Subsection (6) shall vest the court with jurisdictionover the person served in the same manner and to the same extent as if the person served wasserved personally within the state.
(6) In the case of service outside the state, service completed not less than five daysbefore the time set in the notice for appearance of the person served, shall be sufficient to conferjurisdiction.
(7) Computation of periods of time not otherwise set forth in this section shall be madein accordance with the Utah Rules of Civil Procedure.
Amended by Chapter 237, 2010 General Session