Foster Care and Adoption in Davis County

Foster parents in Davis County play a critical role in providing care for children who, through no fault of their own, find themselves placed in the Utah foster care system. Adopting from the foster care system has special rules.

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Stephen Howard — Stone River Law

Real People. Real Solutions.

Adoption from Foster Care in Davis County

Foster parents in Davis County play a critical role in providing care for children who, through no fault of their own, find themselves placed in the Utah foster care system. Some parents will foster a child with the intent that the placement be only temporary. Other parents may hope that the foster placement will serve as a preliminary step in the adoption process. Still others may start out looking at foster care placement as only temporary, but as the relationship between foster parents and a foster child develops, a decision is made to pursue a formal adoption.

If you are considering adopting a child who is in foster care, there are special rules that can apply under Utah adoption law. Contact us today, and see how we can help you successfully navigate the adoption process.

Special Rules for Foster Care Adoptions

In any adoption case, the court is required to consider the best interest of the child (adoptee) before finalizing the adoption. In foster child adoption cases involving a child who is in foster care under the custody of the Division of Child and Family Services (DCFS) where the current foster parent or parents have petitioned to adopt the child, Utah law requires that the court give special consideration to the relationship or bond that has formed between the foster child and the foster parent or parents in cases where the foster placement has continued for at least six months. Although contested adoptions are somewhat rare in the foster care system, this preference granted under Utah Code 78B-6-132 can give current foster parents an advantage in cases where the adoption is contested.

Even with the special consideration given to a foster parent or parents, the court still must comply with the statutory preference for placing an adoptable child with a married couple when possible. While Utah law does allow for adoptions by single parents, the legislature’s determination to establish public policy favoring married couples can sometimes place a single parent at a disadvantage when seeking to adopt. Note, however, that married same-sex couples should be treated equally with married opposite-sex couples under the legal principles set out by United States Supreme Court caselaw on the issue of marriage equality.

Finding an Adoption Attorney in Davis County

We are pleased to provide adoption-related legal services to clients in Davis County and throughout Utah. If you are considering adopting a child who is currently in foster care, contact us today to see how we can help to ensure that the legal process involved in the adoption go smoothly. We also offer services to clients involved in step-parent adoptions, agency adoptions, private adoptions, family adoptions, international adoptions, contested adoptions, and more.