Utah adoption law allows for adoptions of a minor child by either married couples or by single parents. But Utah statutes place certain restrictions on the circumstances under which a single parent can adopt a minor child. If you are considering adopting a child in Utah as a single parent, a Utah adoption attorney can explain the processes involved and help ensure a successful adoption.
Under Utah Code 78B-6-117, a person may not adopt a minor child if the proposed adoptive parent is cohabiting in a relationship that is not a legally valid marriage under Utah law. Utah law further provides preference to married couples when the prospective adoptee is a child in the custody of the Division of Child and Family Services (DCFS). These preferences do not apply to private adoptions not involving DCFS.
If the minor child to be adopted is in the custody of DCFS, then the division is required to place the child with a man and woman who are married to each other unless:
- there are no qualified married couples who have applied to adopt a child;
- the child is placed with a relative of the child;
- the child is placed with a person who has already developed a substantial relationship with the child;
- the child is placed with a person selected by the parent or former parent of the child; or
- it is in the best interests of the child to be placed with a single person.
If the child to be adopted is NOT in the custody of DCFS, then the above restrictions do not apply. But the restriction on cohabiting still applies, both in cases where the child is in the custody of DCFS and in private adoptions.