Notice to a Biological Parent in Adult Adoptions

Stephen Howard — Stone River Law

Real People. Real Solutions.

Is notice or consent required in an adult adoption?

In an adult adoption, Utah law provides for modified notice and service requirements, as well as specific consent rules.

Prior Notice to a Pre-Existing Parent is Not Required

In a standard adoption involving a minor child, notice must be given to any parent who has intact parental rights. Typically this is a biological parent. After receiving notice, that parent has an opportunity to object or otherwise weigh in on the proposed adoption.

But in cases involving the adoption of an adult, prior notice of the pending adoption does not need to be given to a pre-existing parent. Utah law requires that notice be given to that parent (i.e., former parent) upon completion of the adoption process. But when the adoption involves an adult, the pre-existing parent does not have the right to notice before completion of the adoption.

Notice to the Adult Adoptee’s Spouse

Many adult adoptions in Utah involve an adoptee who is already married. The adoption may involve a stepparent who raised the adoptee along with the other biological parent. But making the decision to formally adopt can take time.

If the adoptee is married at the time the adoption is to take place, Utah law requires that, if the adoptee is married, notice must be given to his or her spouse.

Notice to and Consent from the Adopting Parent’s Spouse

Adult adoptions often involve a stepparent who is married to a pre-existing parent. Regardless of the relationship, the current spouse of the adopting parent must be given notice of the proposed adoption, and must also consent to the adoption.

Finding a Good Adoption Attorney in Utah

If you are considering an adult adoption or other kind of adoption in Utah, having good advice is important, starting at the very beginning of the process.

Contact us today to set up a formal attorney consultation, and see how our team can help you.