Adoption Amendments

76
26B-2-105
26B-2-127
26B-2-244
63G-20-203.5
80-2-802
81-13-211
81-13-212
81-13-217
2
Adoption Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Katy Hall
Senate Sponsor: Chris H. Wilson
LONG TITLE
General Description:
This bill amends provisions relating to adoption and child-placing agencies.
Highlighted Provisions:
This bill:
modifies provisions related to child-placing agencies including:
terms of licensing;
advertising requirements;
reporting requirements; and
disclosure of information to birth parents and adoptive parents;
addresses the rights of birth parents and adoptive parents;
clarifies the types of payments and fees that are permissible in an adoption;
addresses transportation of birth mothers to Utah from other states or countries;
amends provisions relating to mental health therapy for a birth parent;
clarifies that a birth parent can revoke consent under limited circumstances;
addresses adoption services in health care facilities;
makes technical and conforming changes; and
defines terms.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-2-105
, as last amended by Laws of Utah 2024, Chapters 261, 267 and 307
26B-2-127
, as last amended by Laws of Utah 2025, Chapter 426
63G-20-203.5
, as enacted by Laws of Utah 2023, Chapter 466
80-2-802
, as last amended by Laws of Utah 2025, Chapter 426
81-13-211
, as renumbered and amended by Laws of Utah 2025, Chapter 426
81-13-212
, as renumbered and amended by Laws of Utah 2025, Chapter 426
81-13-217
, as renumbered and amended by Laws of Utah 2025, Chapter 426
ENACTS:
26B-2-244
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
26B-2-105
is amended to read:
26B-2-105
. Licensure requirements -- Expiration -- Renewal.
(1)
Except as provided in Section
26B-2-115
, an individual, agency, firm, corporation,
association, or governmental unit acting severally or jointly with any other individual,
agency, firm, corporation, association, or governmental unit may not establish, conduct,
or maintain a human services program in this state without a valid and current license
issued by and under the authority of the office as provided by this part and the rules
under the authority of this part.
(2)
(a)
For purposes of this Subsection
(2)
, "member" means a person or entity that is
associated with another person or entity:
(i)
as a member;
(ii)
as a partner;
(iii)
as a shareholder; or
(iv)
as a person or entity involved in the ownership or management of a human
services program owned or managed by the other person or entity.
(b)
A license issued under this part may not be assigned or transferred.
(c)
The office shall treat an application for a license under this part as an application for
reinstatement of a revoked license if:
(i)
(A)
the person or entity applying for the license had a license revoked under this
part; and
(B)
the revoked license described in Subsection
(2)(c)(i)(A)
is not reinstated
before the application described in this Subsection
(2)(c)
is made; or
(ii)
a member of an entity applying for the license:
(A)
(I)
had a license revoked under this part; and
(II)
the revoked license described in Subsection
(2)(c)(ii)(A)(I)
is not reinstated
before the application described in this Subsection
(2)(c)
is made; or
(B)
(I)
was a member of an entity that had a license revoked under this part at
any time before the license was revoked; and
(II)
the revoked license described in Subsection
(2)(c)(ii)(B)(I)
is not reinstated
before the application described in this Subsection
(2)(c)
is made.
(3)
(a)
Subject to Section
26B-2-110
, and after the five-year waiting period described in
Subsection
26B-2-110(1)(c)
, the office may conditionally approve an application for
reinstatement as described in Subsection
(2)(c)
, for a maximum of two years, if:
(i)
the applicant's license was previously revoked due to repeated or chronic
violations; or
(ii)
after the applicant's license was previously revoked, the applicant associated with
another human services program that provides a service that is substantially
similar to the services for which the applicant was previously licensed.
(b)
If the office issues a conditional license under Subsection
(3)(a)
, the office shall
prepare a conditional license plan describing the terms and conditions of the
conditional license.
(4)
A current license shall at all times be posted in the facility where each human services
program is operated, in a place that is visible and readily accessible to the public.
(5)
(a)
Except as provided in Subsections
(5)(c)
and
(d)
, each license issued under this
part expires at midnight on the last day of the same month the license was issued, one
year following the date of issuance unless the license has been:
(i)
previously revoked by the office;
(ii)
voluntarily returned to the office by the licensee; or
(iii)
extended by the office.
(b)
A license shall be renewed upon application and payment of the applicable fee,
unless the office finds that the licensee:
(i)
is not in compliance with the:
(A)
provisions of this part; or
(B)
rules made under this part;
(ii)
has engaged in a pattern of noncompliance with the:
(A)
provisions of this part; or
(B)
rules made under this part;
(iii)
has engaged in conduct that is grounds for denying a license under Section
26B-2-703
; or
(iv)
has engaged in conduct that poses a substantial risk of harm to any person.
(c)
The office may issue a renewal license that expires at midnight on the last day of the
same month the license was issued, two years following the date of issuance, if:
(i)
the licensee has maintained a human services license for at least 24 months before
the day on which the licensee applies for the renewal; and
(ii)
the licensee has not violated this part or a rule made under this part.
(d)
(i)
For a foster home that has been licensed for fewer than two years, a foster
home license issued on or after May 1, 2023, expires at midnight on the last day of
the same month the license was issued, one year following the date of issuance.
(ii)
For a foster home that has been licensed for two or more years, a foster home
license issued on or after May 1, 2023, expires at midnight on the last day of the
same month the license was issued, three years following the date of issuance:
(A)
unless the license is placed on conditions, suspended, or revoked by the office,
or voluntarily returned to the office by the licensee; and
(B)
if the licensee has not violated this part or a rule made under this part.
(iii)
A foster home licensee shall complete an annual background screening in
compliance with the requirements of Section
26B-2-120
.
(6)
Any licensee that is in operation at the time rules are made in accordance with this part
shall be given a reasonable time for compliance as determined by the rule.
(7)
(a)
A license for a human services program issued under this section shall apply to a
specific human services program site.
(b)
A human services program shall obtain a separate license for each site where the
human services program is operated.
(c)
If there is more than one foster parent in a licensed foster home, the foster home
license shall include the names of all foster parents in the home.
(8)
Beginning on January 1, 2027, the office may not issue or renew a license for a
child-placing agency that is a private entity that provides adoption services unless the
applicant is a nonprofit organization, as that term is defined in Section
78B-4-101
.
Section 2. Section
26B-2-127
is amended to read:
26B-2-127
. Child placing licensure requirements -- Prohibited acts --
Consortium.
(1)
As used in this section:
(a)
(i)
"Adoption services" means services provided to an individual related to a
potential adoption, including:
(A)
adoption education, advising, or counseling;
(B)
matching a potential birth parent with a potential adoptive parent;
(C)
a home study;
(D)
assistance or support in financial, legal, or medical matters;
(E)
prenatal or postpartum support; and
(F)
mental health therapy.
(ii)
"Adoption services" does not include one-time informational inquiries.
(a)
(b)
(i)
"Advertisement" means any written, oral, or graphic statement or
representation made in connection with a solicitation of business.
(ii)
"Advertisement" includes a statement or representation described in Subsection
(1)(a)(i)
(1)(b)(i)
by a noncable television system, radio, printed brochure,
newspaper, leaflet, flyer, circular, billboard, banner,
Internet
internet
website,
social media, or sign.
(b)
(c)
"Birth parent" means the same as that term is defined in Section
81-13-101
.
(c)
(d)
"Clearly and conspicuously disclose" means the same as that term is defined in
Section
13-11a-2
.
(e)
"Coercion" means utilizing threats, force, duress, intimidation, confinement, undue
influence, or deception to induce a birth parent to relinquish the birth parent's child or
consent to an adoption.
(f)
"Daily living needs" means food, clothing, hygiene, and local transportation.
(g)
"Directly affected person" means the same as that term is defined in Section
76-7-203
.
(h)
(i)
"Living expenses" means ordinary and necessary costs to maintain an
individual's needs, including housing, utilities, and out-of-state transportation.
(ii)
"Living expenses" does not include lost wages, gifts, educational expenses, or
other similar expenses.
(d)
(i)
(i)
"Matching advertisement" means any written, oral, or graphic statement or
representation made in connection with a solicitation of business to provide the
assistance described in Subsection
(3)(a)(i)
, regardless of whether there is or will
be an exchange described in Subsection
(3)(a)(ii)
.
(ii)
"Matching advertisement" includes a statement or representation described in
Subsection
(1)(d)(i)
(1)(i)(i)
by a noncable television system, radio, printed
brochure, newspaper, leaflet, flyer, circular, billboard, banner,
Internet
internet

website, social media, or sign.
(j)
"Weekly allowance" means funds that a licensed child-placing agency that is a
private entity that provides adoption services may provide to a birth parent for daily
living needs.
(2)
(a)
Subject to Section
81-14-205
, a person may not engage in child placing, or solicit
money or other assistance for child placing, without a valid license issued by the
office in accordance with this part.
(b)
If a child-placing agency's license is suspended or revoked in accordance with this
part, the care, control, or custody of any child who is in the care, control, or custody
of the child-placing agency shall be transferred to the Division of Child and Family
Services.
(3)
(a)
(i)
An attorney, physician, or other person may assist:
(A)
a birth parent to identify or locate a prospective adoptive parent who is
interested in adopting the birth parent's child; or
(B)
a prospective adoptive parent to identify or locate a child to be adopted.
(ii)
A payment, charge, fee, reimbursement of expense, or exchange of value of any
kind, or promise or agreement to make the same, may not be made for the
assistance described in Subsection
(3)(a)(i)
.
(b)
An attorney, physician, or other person may not:
(i)
issue or cause to be issued to any person a card, sign, or device indicating that the
attorney, physician, or other person is available to provide the assistance described
in Subsection
(3)(a)(i)
;
(ii)
cause, permit, or allow any sign or marking indicating that the attorney,
physician, or other person is available to provide the assistance described in
Subsection
(3)(a)(i)
, on or in any building or structure;
(iii)
announce, cause, permit, or allow an announcement indicating that the attorney,
physician, or other person is available to provide the assistance described in
Subsection
(3)(a)(i)
, to appear in any newspaper, magazine, directory, on radio or
television, or an Internet website relating to a business;
(iv)
announce, cause, permit, or allow a matching advertisement; or
(v)
announce, cause, permit, or allow an advertisement that indicates or implies the
attorney, physician, or other person is available to provide the assistance described
in Subsection
(3)(a)(i)
as part of, or related to, other adoption-related services by
using any of the following terms:
(A)
"comprehensive";
(B)
"complete";
(C)
"one-stop";
(D)
"all-inclusive"; or
(E)
any other term similar to the terms described in Subsections
(3)(b)(v)(A)

through
(D)
.
(c)
An attorney, physician, or other person who is not licensed by the office shall clearly
and conspicuously disclose in any print media advertisement or written contract
regarding adoption services or adoption-related services that the attorney, physician,
or other person is not licensed to provide adoption services by the office.
(4)
(a)
An entity that advertises for adoption services shall disclose in the advertisement:
(i)
the name of the states in which the entity is licensed to provide adoption services;
or
(ii)
whether the entity is not licensed to provide adoption services in any state.
(b)
An entity that advertises for adoption services may not promise financial incentives
in an adoption-related advertisement.
(4)
(5)
A person who intentionally or knowingly violates Subsection
(2)
or
(3)
is guilty of
a third degree felony.
(5)
(6)
This section does not preclude payment of fees for medical, legal, or other lawful
services rendered in connection with the care of a mother, delivery and care of a child,
or lawful adoption proceedings, except that a child-placing agency may not:
(a)
charge or accept payment for services that were not actually rendered; or
(b)
charge or accept payment from a prospective adoptive parent for medical or hospital
expenses that were paid for by public funds.
(6)
(7)
In accordance with federal law, only an agent or employee of the Division of Child
and Family Services or of a licensed child-placing agency may certify to United States
Citizenship and Immigration Services that a family meets the preadoption requirements
of the Division of Child and Family Services.
(7)
(8)
A licensed child-placing agency or an attorney practicing in this state may not place
a child for adoption, either temporarily or permanently, with an individual who would
not be qualified for adoptive placement under Sections
81-13-202
,
81-13-203
, and
81-13-402
.
(8)
(9)
(a)
A child-placing agency, as that term is defined in Section
63G-20-102
, that
serves a resident of the state who is a birth mother or a prospective adoptive parent
must be a member of a statewide consortium of licensed child-placing agencies that,
together, serve all birth mothers lawfully seeking to place a child for adoption and all
qualified prospective adoptive parents.
(b)
The department shall receive and investigate any complaint against a consortium of
licensed child-placing agencies.
(a)
There is created the Utah Child-Placing Adoption Agency Consortium to advise the
Legislature regarding child-placing agency adoptions and policy in the state.
(b)
A licensed child-placing agency that is a private entity that provides adoption
services in Utah shall be a member of the consortium.
(c)
The consortium consists of one member of each licensed child-placing agency that is
a private entity that provides adoption services.
(d)
The consortium shall meet at least quarterly.
(e)
The majority of consortium members constitutes a quorum for conducting
consortium business.
(f)
The consortium shall establish bylaws and procedures for consortium action and
recommendations.
(g)
(i)
A representative from the office shall chair the consortium.
(ii)
The office shall oversee the consortium and provide staff support as needed.
(iii)
The office may impose a membership fee sufficient to cover the cost of staffing
the consortium.
(h)
(i)
The consortium shall review a request from a licensed child-placing agency
that is a private entity that provides adoption services to exceed the financial
limits described in Subsection
(14)
.
(ii)
The consortium may approve a request described in Subsection
(9)(h)(i)
if:
(A)
the requesting agency demonstrates a specific need to exceed the limit in
Subsection
(14)
;
(B)
the requesting agency requests a specific amount to be approved; and
(C)
a majority of the consortium, excluding the requesting agency, determines that
there is a reasonable need to exceed the limit described in Subsection
(14)
.
(iii)
Actual living expenses or lost wages that are documented and proven to the
satisfaction of the consortium shall be presumed to be a reasonable need.
(i)
(i)
The consortium shall report to the Health and Human Services Interim
Committee on or before October 1, 2026.
(ii)
The report described in Subsection
(9)(i)(i)
shall include:
(A)
the number of adoptions completed by each child-placing agency in the
consortium in 2025;
(B)
the number of out-of-state transports arranged by each child-placing agency in
the consortium in 2025; and
(C)
a description of the fees in 2025 for each child-placing agency in the
consortium.
(j)
Together, the consortium shall serve all birth mothers lawfully seeking to place a
child for adoption and all qualified prospective adoptive parents.
(10)
(a)
A birth parent has the right to independent legal counsel in the adoption process,
selected by the birth parent, at a reasonable cost to be paid by the child-placing
agency or prospective adoptive parents.
(b)
A birth parent may waive the right described in Subsection
(10)(a)
, but may not be
required to waive the right to legal counsel.
(11)
Before a parent relinquishes a child adoptee to a child-placing agency, or consents to
the adoption of a child adoptee, the parent shall be informed of the right described in
Subsection
(10)
, with sufficient time to exercise the right before relinquishment or
consent, by the:
(a)
child-placing agency;
(b)
prospective adoptive parents; or
(c)
representative of a person described in Subsection
(11)(a)
or (b).
(12)
Before the day on which a final decree of adoption is entered, a statement shall be filed
with the court that:
(a)
is signed by each parent who:
(i)
relinquishes the parent's parental rights; or
(ii)
consents to the adoption; and
(b)
states that, before the parent took the action described in Subsection
(12)(a)(i)
or
(ii)
,
the parent was advised of the parent's right to independent legal counsel described in
this section at the expense of the:
(i)
child-placing agency; or
(ii)
prospective adoptive parents.
(13)
A licensed child-placing agency that is a private entity that provides adoption services
shall include on the agency's website, in a prominent and conspicuous place:
(a)
information regarding how a birth parent or adoptive parent can file a complaint with
the office; and
(b)
notice of any current or former warnings or violations that the office has issued to the
child-placing agency within the past three years.
(14)
(a)
A licensed child-placing agency that is a private entity that provides adoption
services may only pay the following fees or expenses on behalf of a birth parent:
(i)
up to $8,000 in living expenses;
(ii)
weekly allowance;
(iii)
medical expenses; and
(iv)
legal expenses related to the adoption.
(b)
Except as provided in Subsection
(14)(c)(i)
, a licensed child-placing agency that
pays fees or expenses described in Subsection
(14)(a)
on behalf of a birth parent shall
make the payment directly to the applicable service provider when possible.
(c)
(i)
A licensed child-placing agency that is a private entity that provides adoption
services may provide a weekly allowance directly to a birth parent.
(ii)
A weekly allowance may not be provided as a lump sum, but shall be distributed
on a weekly basis for up to 12 weeks during pregnancy and four weeks
postpartum.
(iii)
A weekly allowance may not exceed $200 per week for a birth parent and $75
per week for a directly affected person that is dependent on the birth parent.
(d)
A licensed child-placing agency may exceed the limits described in this Subsection
(14)
in accordance with Subsection
(9)
.
(15)
Before an adoption is finalized, an adoptive parent or licensed child-placing agency
may not discuss or promise a potential post-adoption gift to a birth parent.
(16)
(a)
A licensed child-placing agency, an employee or contractor of a licensed
child-placing agency, or a prospective adoptive parent may not utilize coercion in any
interaction with a birth parent.
(b)
Coercive behavior includes:
(i)
threatening financial or legal retaliation if a birth parent chooses to parent;
(ii)
telling a birth parent that the birth parent will not receive assistance to return to
the birth parent's state of residence;
(iii)
preventing a birth parent from physically leaving the birth parent's location;
(iv)
preventing a birth parent from privately contacting the birth parent's supports,
such as family, friends, mental health professional, or legal counsel; and
(v)
promising a financial benefit in exchange for the birth parent's relinquishment or
consent.
(17)
If any member of a licensed child-placing agency that is a private entity that provides
adoption services has a financial interest in a service provider that receives a payment as
described in Subsection
(14)(b)
, the licensed child-placing agency shall disclose the
financial interest to a birth parent, prospective adoptive parent, the office, and a court
that finalizes the adoption.
(18)
(a)
A licensed child-placing agency that is a private entity that provides adoption
services may not transport or arrange the transport of:
(i)
a birth mother to the state if the child-placing agency knows or should know that
the mother is at 36 or more weeks of gestation; or
(ii)
a birth mother who is less than 18 years old to the state.
(b)
A licensed child-placing agency that is a private entity that provides adoption
services shall make a reasonable inquiry regarding the health of a birth mother
before
transporting or arranging the transport of a birth mother.
(c)
A parent or guardian of a birth mother who is less than 18 years old may make
independent arrangements to transport or travel with the minor birth mother.
(d)
A licensed child-placing agency that is a private entity that provides adoption
services shall verify whether an out-of-state birth mother is receiving Medicaid
benefits before transporting or arranging the transport of the birth mother to Utah.
(e)
An individual who travels to Utah for the sole purpose of giving birth without intent
to remain in Utah following the birth does not qualify for Utah Medicaid benefits.
(19)
A licensed child-placing agency that is a private entity that provides adoption services
that transports or arranges the transport of a birth mother to the state for purposes related
to an adoption shall ensure that the birth mother is returned to the state from which the
birth mother was transported using the same mode and quality of transportation that was
used to bring the birth mother to the state if the birth mother does not elect to remain in
Utah, regardless of the birth mother's decision regarding relinquishment.
(20)
(a)
A licensed child-placing agency that is a private entity that provides adoption
services shall submit a form, created by the office, to the office for each birth parent
to whom the child-placing agency provides adoption services.
(b)
The form described in Subsection
(20)(a)
shall include:
(i)
the name of the licensed child-placing agency;
(ii)
whether the birth parent chose:
(A)
to parent the child;
(B)
adoption; or
(C)
something else;
(iii)
the date of:
(A)
the birth parent's first contact with the child-placing agency;
(B)
birth of the child adoptee;
(C)
relinquishment; and
(D)
the finalized adoption;
(iv)
the location of the birth parent on each date described in Subsection
(20)(b)(iii)
;
(v)
whether a third-party facilitator was used to connect the birth parent and the
child-placing agency;
(vi)
the total amount of funds that a birth parent received directly through a weekly
allowance;
(vii)
the total amount that was paid on behalf of the birth parent for living expenses;
(viii)
the total amount that was paid for the birth parent's medical expenses, including
mental health therapy;
(ix)
the total amount that was paid for the birth parent's legal expenses;
(x)
whether the consortium approved exceeding the financial limits described in this
section;
(xi)
the value of any gifts provided to the birth parent;
(xii)
a description and value of any other benefit that was paid to or on behalf of the
birth parent;
(xiii)
whether the birth parent received Utah Medicaid benefits;
(xiv)
if the birth parent was transported to Utah, whether the birth parent received
Medicaid benefits in another state; and
(xv)
whether the birth parent received any other public assistance in Utah.
(21)
The office shall investigate and may revoke or suspend a license of a child-placing
agency that violates this section.
Section 3. Section
26B-2-244
is enacted to read:
26B-2-244
. Birthing services at health care facilities.
(1)
As used in this section, "adoption services" means action related to an adoption,
including counseling between a child-placing agency and a birth parent, signing
paperwork related to an adoption, or the transfer of physical custody of a child adoptee
from a birth parent to a child-placing agency or prospective adoptive parent.
(2)
A health care facility that provides birthing services shall develop policies regarding
adoption services that occur at a health care facility.
(3)
A health care facility that provides birthing services shall notify the Office of Licensing
if the health care facility files a complaint or otherwise takes action against a
child-placing agency or a child-placing agency's representatives.
(4)
A health care facility or a health care facility's staff may notify the Office of Licensing
if the facility or staff has concerns regarding unethical practices related to adoption
services that occur at the health care facility.
Section 4. Section
63G-20-203.5
is amended to read:
63G-20-203.5
. Child-placing agencies.
(1)
As used in this section, "consortium" means
a statewide consortium of child-placing
agencies
the Utah Child-Placing Adoption Agency Consortium
described in Subsection
26B-2-127(8)
26B-2-127(9)
.
(2)
Notwithstanding any other provision of law, a state or local government, a state or local
government official, or another accrediting, certifying, or licensing body, including the
Office of Licensing within the Department of Health and Human Services, may not:
(a)
require a consortium-member child-placing agency to perform, assist, counsel,
recommend, consent to, facilitate, or participate in child placing, with a qualified
prospective adoptive parent, that is contrary to the child-placing agency's religious
teaching, practices, or sincerely held beliefs, or the good faith wishes of the birth
mother as to the optimal placement of the child;
(b)
deny a consortium-member child-placing agency any grant, contract, or participation
in a government program because the child-placing agency cannot, consistent with
the child-placing agency's religious teaching, practices, or sincerely held beliefs, or
consistent with the good faith wishes of the birth mother as to the optimal placement
of the child, perform, assist, counsel, recommend, consent to, facilitate, or participate
in a child placement with a qualified prospective adoptive parent; or
(c)
deny an application for an initial license or accreditation, deny the renewal of a
license or accreditation, or revoke the license or accreditation of a
consortium-member child-placing agency that cannot, consistent with the
child-placing agency's religious teaching, practices, or sincerely held beliefs, or
consistent with the good faith wishes of the birth mother as to the optimal placement
of the child, perform, assist, counsel, recommend, consent to, facilitate, or participate
in a child placement with a qualified prospective adoptive parent.
(3)
(a)
A consortium-member child-placing agency that cannot, consistent with the
child-placing agency's religious teaching, practices, or sincerely held beliefs, or
consistent with the good faith wishes of the birth mother as to the optimal placement
of the child, perform, assist, counsel, recommend, consent to, facilitate, or participate
in a child placement with a qualified prospective adoptive parent, shall refer the
individual who is seeking child-placement services to another child-placing agency in
the consortium.
(b)
A referral by a child-placing agency under Subsection
(3)(a)
does not constitute a
determination that a proposed placement is not in the best interest of the child.
(4)
The fact that a consortium-member child-placing agency cannot, consistent with the
child-placing agency's religious teaching, practices, or sincerely held beliefs, or
consistent with the good faith wishes of the birth mother as to the optimal placement of
the child, perform, assist, counsel, recommend, consent to, facilitate, or participate in a
child placement with a qualified prospective adoptive parent, may not form the basis for:
(a)
the imposition of a civil fine or other adverse administrative action; or
(b)
any claim or cause of action under any state or local law.
Section 5. Section
80-2-802
is amended to read:
80-2-802
. Division child placing and adoption services -- Restrictions on
placement of a child.
(1)
Except as provided in Subsection
(3)
, the division may provide adoption services and,
as a licensed child-placing agency under
Title 26B, Chapter 2, Part 1, Human Services
Programs and Facilities
, engage in child placing in accordance with this chapter,
Chapter
2a, Removal and Protective Custody of a Child
,
Chapter 3, Abuse, Neglect, and
Dependency Proceedings
, and
Chapter 4, Termination and Restoration of Parental Rights
.
(2)
The division shall base the division's decision for placement of an adoptable child for
adoption on the best interest of the adoptable child.
(3)
The division may not:
(a)
in accordance with Subsection
26B-2-127(6)
26B-2-127(7)
, place a child for
adoption, either temporarily or permanently, with an individual who does not qualify
for adoptive placement under Sections
81-13-202
,
81-13-203
, and
81-13-402
;
(b)
consider a potential adoptive parent's willingness or unwillingness to enter a
postadoption contact agreement under Section
81-13-216
as a condition of placing a
child with a potential adoptive parent; or
(c)
except as required under the Indian Child Welfare Act, 25 U.S.C. Secs. 1901 through
1963, base the division's decision for placement of an adoptable child on the race,
color, ethnicity, or national origin of either the child or the potential adoptive parent.
(4)
The division shall establish a rule in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, providing that, subject to Subsection
(3)
and Section
81-13-402
, priority of placement shall be provided to a family in which a couple is
legally married under the laws of the state.
(5)
Subsections
(3)
and
(4)
do not limit the placement of a child with the child's parent or
relative or in accordance with the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq.
Section 6. Section
81-13-211
is amended to read:
81-13-211
. Counseling for parents.
(1)
As used in this section, "parent" means a person described in Subsections
81-13-212(1)(b)
through (f) for whom the consent or relinquishment of a minor child for
the adoption is required.
(2)
Subject to Subsection
(3)(a)
, before relinquishing a minor child to a child-placing
agency, or consenting to the adoption of a child adoptee, a parent of the child adoptee
has the right to participate in, or elect to participate in,
counseling
mental health therapy
:
(a)
by a
licensed counselor or an adoption service provider
mental health professional
who is licensed under Title 58, Chapter 60, Mental Health Professional Practice Act,
and
selected by the parent participating in the
counseling
mental health therapy
;
(b)
for up to three sessions of at least 50 minutes per session completed before
relinquishing a child adoptee
or within 120 days
and up to three sessions of at least
50 minutes per session
following the relinquishment of a child adoptee; and
(c)
subject to Subsection
(3)(b)
, at the expense of the:
(i)
child-placing agency; or
(ii)
prospective adoptive parents.
(3)
(a)
Notwithstanding Subsection
(2)
, a parent who has the right to participate in the
counseling
mental health therapy
under Subsection
(2)
may waive that right.
(b)
Notwithstanding Subsection
(2)(c)
, the total amount required to be paid by a
child-placing agency or the prospective adoptive parents for the
counseling
mental
health therapy
described in Subsection
(2)
may not exceed
$400
$800
, unless an
agreement for a greater amount is signed by:
(i)
the parent who receives the
counseling
mental health therapy
; and
(ii)
the child-placing agency or prospective adoptive parents.
(4)
Before a parent relinquishes a child adoptee to a child-placing agency, or consents to the
adoption of a child adoptee, the parent shall be informed of the right described in
Subsection
(1)
by the:
(a)
child-placing agency;
(b)
prospective adoptive parents; or
(c)
representative of a person described in Subsection
(4)(a)
or
(b)
.
(5)
If the parent who is entitled to the
counseling
mental health therapy
as described in
Subsection
(1)
elects to attend one or more
counseling
mental health therapy
sessions
following the relinquishment of a child adoptee
:
(a)
the parent of the child adoptee shall inform the child-placing agency or prospective
adoptive parents of this election prior to relinquishing the child adoptee to a
child-placing agency or consenting to the adoption of the child adoptee; and
(b)

the parent of the child adoptee and the child-placing agency or attorney
representing a prospective adoptive parent of the child adoptee shall enter into an
agreement to pay for the
counseling
mental health therapy
in accordance with this
section.
(6)
(a)
Subject to Subsections
(4)(b)
and
(c)
, before the day on which a final decree of
adoption is entered, a statement shall be filed with the court that:
(i)
is signed by each parent who:
(A)
relinquishes the parent's parental rights; or
(B)
consents to the adoption; and
(ii)
states that, before the parent took the action described in Subsection
(6)(a)(i)(A)

or
(B)
, the parent was advised of the parent's right to participate in the
counseling
mental health therapy
described in this section at the expense of the:
(A)
child-placing agency; or
(B)
prospective adoptive parents.
(b)
The statement described in Subsection
(6)(a)
may be included in the document that:
(i)
relinquishes the parent's parental rights; or
(ii)
consents to the adoption.
(c)
Failure by a person to give the notice described in Subsection
(4)
, or pay for the
counseling
mental health therapy
described in this section
:

(i)
shall not constitute grounds for invalidating a:
(A)
(i)
relinquishment of parental rights; or
(B)
(ii)
consent to adoption
; and
.
(ii)
shall give rise to a cause of action for the recovery of damages suffered, if any,
by the parent or guardian who took the action described in Subsection (6)(c)(i)(A)
or (B) against the person required to:
(A)
give the notice described in Subsection (4); or
(B)
pay for the counseling described in this section.
Section 7. Section
81-13-212
is amended to read:
81-13-212
. Necessary consent to adoption or relinquishment for adoption of a
minor child -- Implied consent.
(1)
Except as provided in Subsection
(2)
, the following persons are required to consent to
an adoption of a minor child, or to relinquishment of a minor child, before an adoption
of the minor child is granted:
(a)
if the child adoptee is 12 years old or older, the child adoptee unless the child
adoptee does not have the mental capacity to consent;
(b)
a man or woman who:
(i)
by operation of law under Section
81-5-204
, is recognized as the father or mother
of the proposed adoptee, unless:
(A)
the presumption is rebutted under Section
81-5-607
;
(B)
at the time of the marriage, the man or woman knew or reasonably should
have known that the marriage to the mother of the proposed child adoptee was
or could be declared invalid; or
(C)
the man or woman was not married to the mother of the proposed child
adoptee until after the mother consented to adoption, or relinquishment for
adoption, of the proposed child adoptee; or
(ii)
is the parent of the child adoptee by a previous legal adoption;
(c)
the birth mother of the child adoptee;
(d)
an individual who has been adjudicated to be the child adoptee's parent by a court
with jurisdiction before the birth mother's execution of consent to adoption or the
birth mother's relinquishment of the child adoptee for adoption;
(e)
consistent with Subsection
(3)
, an individual who has executed and filed a voluntary
declaration of paternity with the office in accordance with Chapter 5, Uniform
Parentage Act, before the birth mother's execution of consent to adoption or the birth
mother's relinquishment of the child adoptee for adoption;
(f)
an unmarried biological father of the child adoptee, whose consent is not required
under Subsection
(1)(d)
or
(1)(e)
, only if the unmarried biological father fully and
strictly complies with the requirements of Section
81-13-213
; and
(g)
the person or agency to whom an adoptee has been relinquished and that is placing
the child adoptee for adoption.
(2)
The consent or relinquishment of an individual described in Subsections
(1)(b)
through
(f)
is not required if the individual's parental rights relating to the child adoptee have
been terminated by a court.
(3)
For purposes of Subsection
(1)(e)
, a voluntary declaration of paternity is considered
filed when the voluntary declaration is entered into a database that:
(a)
can be accessed by the Department of Health and Human Services; and
(b)
is designated by the office as the official database for voluntary declarations of
paternity.
(4)
(a)
Except as provided in Subsection
(4)(b)
, a person described in Subsection
(1)
may
execute a consent or relinquishment at any time, including before the birth of the
child adoptee.
(b)
A birth mother may not consent to the adoption of the child adoptee, or relinquish
control or custody of the child adoptee, until at least 24 hours after the birth of the
child adoptee.
(c)
A child adoptee may not execute a consent to an adoption until the child adoptee is at
least 12 years old.
(5)
(a)
A birth parent who is younger than 18 years old has the power to:
(i)
consent to the adoption of the birth parent's minor child; and
(ii)
relinquish the birth parent's control or custody of the minor child for adoption.
(b)
The consent or relinquishment described in Subsection
(5)(a)
is valid and has the
same force and effect as a consent or relinquishment executed by a birth parent who
is an adult.
(c)
A birth parent, who is younger than 18 years old and has executed a consent or
relinquishment, cannot revoke that consent or relinquishment upon reaching 18 years
old or otherwise becoming emancipated.
(6)
(a)
A consent or relinquishment is effective when the consent or relinquishment is
signed and may not be revoked.
A birth parent may revoke the birth parent's consent
or relinquishment for any reason within 72 hours after the birth parent consents or
relinquishes the child adoptee.
(b)
A birth parent may waive in writing the revocation period described in Subsection
(6)(a)
.
(c)
A birth parent may revoke the birth parent's consent or relinquishment before a final
decree of adoption has been entered if a court determines that the consent or
relinquishment was given under duress, fraud, or undue influence by the
child-placing agency.
(d)
A birth parent may not sign a consent or relinquishment while under the effects of
anesthesia or medication that impacts the birth parent's ability to think clearly.
(e)
Subsections
(6)(a)
through
(d)
does not apply to a voluntary relinquishment that is
executed in juvenile court in accordance with Section
80-4-307
.
(7)
(a)
As used in this Subsection
(7)
:
(i)
"Abandonment" means failure of a birth parent, with reasonable knowledge of the
pregnancy, to offer and provide financial and emotional support to the birth
mother for a period of 180 days before the day on which the child adoptee is born.
(ii)
"Emotional support" means a pattern of statements or actions that indicate to a
reasonable person that a birth parent intends to provide for the physical and
emotional well-being of an unborn child adoptee.
(b)
A consent or relinquishment required by Subsection
(1)
may be implied by any of
the following acts:
(i)
abandonment;
(ii)
leaving the child adoptee with a third party for 30 consecutive days without
providing the third party with the birth parent's identification;
(iii)
knowingly leaving the child adoptee with another person for 180 consecutive
days without providing for support, communicating, or otherwise maintaining a
substantial relationship with the child adoptee; or
(iv)
receiving notification of a pending adoption proceeding as described in Section
81-13-207
, or of a termination proceeding described in Section
81-13-205
, and
failing to respond as required.
(c)
For purposes of this Subsection
(7)
, a court may not:
(i)
determine that a birth parent abandoned the birth mother if the birth parent failed
to provide financial or emotional support because the birth mother refused to
accept support; or
(ii)
find that the birth parent failed to provide emotional support if the individual's
failure was due to impossibility of performance.
(d)
Implied consent under this Subsection
(7)
may not be withdrawn.
(e)
Nothing in this Subsection
(7)
negates the requirements of Section
81-13-213
for an
unmarried biological father.
(8)
Nothing in this section establishes new requirements for an individual relinquishing a
child in accordance with Section
80-4-502
.
Section 8. Section
81-13-217
is amended to read:
81-13-217
. Affidavit regarding fees and expenses before final decree of adoption
of a minor child.
(1)
(a)
Except as provided in Subsection
(5)
(6)
, before the date that a final decree of
adoption for a child adoptee is entered, a prospective adoptive parent or, if the child
adoptee was placed by a child-placing agency, the person or agency placing the child
adoptee shall file with the court an affidavit regarding fees and expenses on a form
prescribed by the Judicial Council in accordance with Subsection
(2)
.
(b)
An affidavit filed
pursuant to
in accordance with
Subsection
(1)(a)
shall be signed
by each prospective adoptive parent and, if the child adoptee was placed by a
child-placing agency, the person or agency placing the child adoptee.
(c)
The court shall review an affidavit filed under this section for completeness and
compliance with the requirements of this section.
(d)
The results of the court's review under Subsection
(1)(c)
shall be noted in the court's
record.
(2)
(a)
The Judicial Council shall prescribe a uniform form for the affidavit described in
Subsection
(1)
.
(b)
The uniform affidavit form shall require
itemization
disclosure
of the following
items in connection with the adoption:
(i)
all legal expenses that have been or will be paid to or on behalf of the preexisting
parents of the child adoptee, including the source of payment;
(ii)
all maternity expenses that have been or will be paid to or on behalf of the
preexisting parents of the child adoptee, including the source of payment;
(iii)
all medical or hospital expenses that have been or will be paid to or on behalf of
the preexisting parents of the child adoptee, including the source of payment;
(iv)
all living expenses that have been or will be paid to or on behalf of the
preexisting parents of the child adoptee, including the source of payment;
(v)
fees paid by the prospective adoptive parent or parents in connection with the
adoption;
(vi)
all gifts, property, or other items that have been or will be provided to the
preexisting parents, including the source and approximate value of the gifts,
property, or other items;
(vii)
all public funds used for any medical or hospital costs in connection with the:
(A)
pregnancy;
(B)
delivery of the child adoptee; or
(C)
care of the child adoptee; and
(viii)
if a child-placing agency placed the child adoptee:
(A)
a description of services provided to the prospective adoptive parents or
preexisting parents in connection with the adoption;
(B)
all expenses associated with matching the prospective adoptive parent or
parents and the birth mother;
(C)
all expenses associated with advertising; and
(D)
any other agency fees or expenses paid by an adoptive parent that are not
itemized under one of the other categories described in this Subsection (2)(b),
including a description of the reason for the fee or expense.
(i)
the total amount of legal expenses that have been or will be paid to or on behalf of
the preexisting parents of the child adoptee;
(ii)
the total amount of medical or hospital expenses that have been or will be paid to
or on behalf of the preexisting parents of the child adoptee;
(iii)
the total amount that the adoptive parent has paid for a preexisting parent's direct
support;
(iv)
the total amount that the adoptive parent has paid for a preexisting parent's
indirect support;
(v)
the total amount that the adoptive parent has paid to a child-placing agency in fees
and costs; and
(vi)
a description of services provided to the prospective adoptive parent and
preexisting parent in connection with the adoption.
(c)
The uniform affidavit form shall require:
(i)
a
statement of the
declaration of each
state
or country
of residence
for 12 months
before the birth
of the:
(A)
birth mother or the preexisting parents; and
(B)
prospective adoptive parent or parents;
and
(ii)
a declaration that Section
76-7-203
has not been violated
; and
.
(iii)
if the affidavit includes an itemized amount for both of the categories described
in Subsections
(2)(b)(iii)
and
(vii)
, a statement explaining why certain medical or
hospital expenses were paid by a source other than public funds.
(d)
To satisfy the requirement of Subsection
(1)(a)
, the court shall accept an affidavit
that is submitted in a form accepted by the Office of Licensing within the Department
of Health and Human Services if the affidavit contains the same information and is in
a reasonably equivalent format as the uniform affidavit form prescribed by the
Judicial Council.
(3)
(a)
(i)
If a child-placing agency, that is licensed by this state, placed the child
adoptee, the child-placing agency shall provide a copy of the affidavit described in
Subsection
(1)
to the Office of Licensing within the Department of Health and
Human Services
.
on or before 60 days after the day on which the adoption is
finalized.
(ii)
If an attorney arranged the placement of the child adoptee with the adoptive
parent or parents, the attorney shall provide a copy of the affidavit described in
Subsection
(1)
to the Office of Licensing within the Department of Health and
Human Services on or before 60 days after the day on which the adoption is
finalized.
(b)
Before August 30 of each even-numbered year, the Office of Licensing within the
Department of Health and Human Services shall provide a written report to the
Health and Human Services Interim Committee and to the Judicial Council regarding
the cost of adoptions in the state that includes:
(i)
the total number of affidavits provided to the Office of Licensing during the
previous year;
(ii)
for each of the categories described in Subsection
(2)(b)
:
(A)
the average amount disclosed on affidavits submitted during the previous
year; and
(B)
the range of amounts disclosed on affidavits submitted during the previous
year;
(iii)
the average total amount disclosed on affidavits submitted during the previous
year;
(iv)
the range of total amounts disclosed on affidavits submitted during the previous
year; and
(v)
any recommended legislation that may help reduce the cost of adoptions.
(c)
The Health and Human Services Interim Committee shall, based on information in
reports provided under Subsection
(3)(b)
and in consultation with
a consortium
described
the Utah Child-Placing Adoption Agency Consortium created
in
Subsection
26B-2-127(8)
26B-2-127(9)
, consider:
(i)
what constitutes reasonable fees and expenses related to adoption; and
(ii)
the standards that may be used to determine whether fees and expenses related to
adoption are reasonable in a specific case.
(4)
The Judicial Council shall make a copy of each report provided by the Office of
Licensing under Subsection
(3)(b)
available to each court that may be required to review
an affidavit under Subsection
(1)(c)
.
(5)
The Office of Licensing shall investigate and may suspend or revoke the license of a
child-placing agency if the child-placing agency fails to comply with the requirements
described in this section.
(5)
(6)
This section does not apply if the prospective adoptive parent is the legal spouse of
a preexisting parent.
Section 9.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-4-26 7:54 PM