78B-6-116 - Notice and consent for adoption of an adult.
78B-6-116. Notice and consent for adoption of an adult.
(1) (a) Consent to the adoption of an adult is required from:
(i) the adult adoptee;
(ii) any person who is adopting the adult;
(iii) the spouse of a person adopting the adult; and
(iv) any legally appointed guardian or custodian of the adult adoptee.
(b) No person, other than a person described in Subsection (1)(a), may consent, orwithhold consent, to the adoption of an adult.
(2) (a) Except as provided in Subsection (2)(b), notice of a proceeding for the adoption ofan adult shall be served on each person described in Subsection (1)(a) and the spouse of theadoptee.
(b) The notice described in Subsection (2)(a) may be waived, in writing, by the personentitled to receive notice.
(3) The notice described in Subsection (2):
(a) shall be served at least 30 days before the day on which the adoption is finalized;
(b) shall specifically state that the person served must respond to the petition within 30days of service if the person intends to intervene in the adoption proceeding;
(c) shall state the name of the person to be adopted;
(d) may not state the name of a person adopting the adoptee, unless the person consents,in writing, to disclosure of the person's name;
(e) with regard to a person described in Subsection (1)(a):
(i) except as provided in Subsection (2)(b), shall be in accordance with the provisions ofthe Utah Rules of Civil Procedure; and
(ii) may not be made by publication; and
(f) with regard to the spouse of the adoptee, may be made:
(i) in accordance with the provisions of the Utah Rules of Civil Procedure;
(ii) by certified mail, return receipt requested; or
(iii) by publication, posting, or other means if:
(A) the service described in Subsection (3)(f)(ii) cannot be completed after two attempts;and
(B) the court issues an order providing for service by publication, posting, or othermeans.
(4) Proof of service of the notice on each person to whom notice is required by thissection shall be filed with the court before the adoption is finalized.
(5) (a) Any person who is served with notice of a proceeding for the adoption of an adultand who wishes to intervene in the adoption shall file a motion in the adoption proceeding:
(i) within 30 days after the day on which the person is served with notice of the adoptionproceeding;
(ii) that sets forth the specific relief sought; and
(iii) that is accompanied by a memorandum specifying the factual and legal groundsupon which the motion is made.
(b) A person who fails to file the motion described in Subsection (5)(a) within the timedescribed in Subsection (5)(a)(i):
(i) waives any right to further notice of the adoption proceeding; and
(ii) is barred from intervening in, or bringing or maintaining any action challenging, the
adoption proceeding.
(6) Except as provided in Subsection (7), after a court enters a final decree of adoption ofan adult, the adult adoptee shall:
(a) serve notice of the finalization of the adoption, pursuant to the Utah Rules of CivilProcedure, on each person who was a legal parent of the adult adoptee before the final decree ofadoption described in this Subsection (6) was entered; and
(b) file with the court proof of service of the notice described in Subsection (6)(a).
(7) A court may, based on a finding of good cause, waive the notification requirementdescribed in Subsection (6).
Renumbered and Amended by Chapter 3, 2008 General Session