Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 191 Second Substitute (2021GS)

Sponsor

Rep. Nelson, M.

Final action

Governor Signed 3/11/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• clarifies that a new birth certificate may be issued after the adoption of an adult;
• allows an attorney in the adoption or the child-placing agency to be provided the adoption report;
• allows the attorney in the adoption or the child-placing agency to take the adoption report to the state registrar;
• clarifies that a new birth certificate may be issued for a foreign-born individual who is adopted as an adult;
• allows the spouse of a preexisting parent to adopt a child after the child's death;
• if a child-placing agency placed a child for adoption, provides that the child-placing agency file an affidavit regarding fees and expenses with the Office of Licensing within the Department of Human Services; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

ADOPTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Merrill F. Nelson
Senate Sponsor: 
Todd D. Weiler
LONG TITLE
General Description:
This bill amends and enacts provisions relating to adoption.
Highlighted Provisions:
This bill:
▸ clarifies that a new birth certificate may be issued after the adoption of an adult;
▸ allows an attorney in the adoption or the child-placing agency to be provided the
adoption report;
▸ allows the attorney in the adoption or the child-placing agency to take the adoption
report to the state registrar;
▸ clarifies that a new birth certificate may be issued for a foreign-born individual who
is adopted as an adult;
▸ allows the spouse of a preexisting parent to adopt a child after the child's death;
▸ if a child-placing agency placed a child for adoption, provides that the child-placing
agency file an affidavit regarding fees and expenses with the Office of Licensing
within the Department of Human Services; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-2-10
, as last amended by Laws of Utah 2015, Chapter 137
26-2-25
, as last amended by Laws of Utah 1995, Chapter 202
26-2-28
, as last amended by Laws of Utah 2008, Chapter 3
78B-6-115
, as last amended by Laws of Utah 2015, Chapter 137
78B-6-120.1
, as enacted by Laws of Utah 2013, Chapter 458
78B-6-136.5
, as last amended by Laws of Utah 2012, Chapter 340
78B-6-140
, as last amended by Laws of Utah 2012, Chapter 340
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-2-10
 is amended to read:
26-2-10.
Supplementary certificate of birth.
[
(1) Any person born in this state who is legitimized by the subsequent marriage of the
person's natural parents, or whose parentage has been determined by any U.S. state court or
Canadian provincial court having jurisdiction, or who has been legally adopted under the law
of this or any other state or any province of Canada, may request the state registrar to register a
supplementary birth certificate on the basis of that status.
]
(1) An individual born in this state may request the state registrar to register a
supplementary birth certificate for the individual if:
(a) the individual is legally recognized as a child of the individual's natural parents
when the individual's natural parents are subsequently married;
(b) the individual's parentage has been determined by a state court of the United States
or a Canadian provincial court with jurisdiction; or
(c) the individual has been legally adopted, as a child or as an adult, under the law of
this state, any other state, or any province of Canada.
(2) The application for registration of a supplementary birth certificate may be made
by
:
(a)
 the [
person
] 
individual
 requesting registration[
,
] 
under Subsection (1)
 if the
[
person
] 
individual
 is of legal age[
, by
]
;
(b)
 a legal representative[
, or by
]
; or
(c)
 any agency authorized to receive children for placement or adoption under the laws
of this or any other state.
(3) (a) The state registrar shall require that an applicant submit identification and proof
according to department rules.
(b) In the case of an adopted [
person
] 
individual
, that proof may be established by
order of the court in which the adoption proceedings were held.
(4) (a) After the supplementary birth certificate is registered, any information disclosed
from the record shall be from the supplementary birth certificate.
(b) Access to the original birth certificate and to the evidence submitted in support of
the supplementary birth certificate are not open to inspection except upon the order of a Utah
district court or [
as provided under
] 
as described in
 Section 
78B-6-141
 or Section 
78B-6-144
.
Section 2. Section 
26-2-25
 is amended to read:
26-2-25.
Divorce or adoption -- Duty of court clerk to file certificates or reports.
(1) [
(a)
] For each adoption, annulment of adoption, divorce, and annulment of marriage
ordered or decreed in this state, the clerk of the court shall prepare a divorce certificate or
report of adoption on a form furnished by the state registrar.
(2)
 The petitioner shall provide the information necessary to prepare the certificate or
report [
when he files the petition with the clerk
] 
under Subsection (1)
.
[
(b)
] 
(3)
 The clerk shall
:
(a)
 prepare the certificate or report [
and, immediately after the decree or order becomes
final, shall
] 
under Subsection (1); and
(b)
 complete the remaining entries 
for the certificate or report immediately after the
decree or order becomes final
.
(4)
 On or before the 15th day of each month, the clerk shall forward the divorce
certificates and reports of adoption 
under Subsection (1)
 completed by [
him
] 
the clerk
 during
the preceding month to the state registrar.
[
(2) If there is filed with the clerk of the court in an adoption proceeding a written
consent to adoption by an agency licensed under the laws of the state to receive children for
placement or adoption, the agency by its authorized representative shall prepare and complete
the report of adoption and forward it to the state registrar immediately after entry of the decree
of adoption.
]
(5) (a) A report of adoption under Subsection (1) may be provided to the attorney who
is providing representation of a party to the adoption or the child-placing agency, as defined in
Section 
78B-6-103
, that is placing the child.
(b) If a report of adoption is provided to the attorney or the child-placing agency, as
defined in Section 
78B-6-103,
 the attorney or the child-placing agency shall immediately
provide the report of adoption to the state registrar.
Section 3. Section 
26-2-28
 is amended to read:
26-2-28.
Birth certificate for foreign adoptees.
Upon presentation of a court order of adoption and an order establishing the fact, time,
and place of birth under Section 
26-2-15
, the department shall prepare a birth certificate for
[
any person
] 
an individual
 who:
(1) was adopted under the laws of this state; and
(2) was at the time of adoption
, as a child or as an adult,
 considered an alien child 
or
adult
 for whom the court received documentary evidence of [
legal residence
] 
lawful admission
under Section 
78B-6-108
.
Section 4. Section 
78B-6-115
 is amended to read:
78B-6-115.
Who may adopt -- Adoption of minor -- Adoption of adult.
(1) [
For purposes of
] 
As used in
 this section, "vulnerable adult" means:
(a) [
a person 65 years of age
] 
an individual who is 65 years old
 or older; or
(b) an adult[
, 18 years of age
] 
who is 18 years old
 or older, 
and
 who has a mental or
physical impairment [
which
] 
that
 substantially affects that [
person's
] 
adult's
 ability to:
(i) provide personal protection;
(ii) provide necessities such as food, shelter, clothing, or medical or other health care;
(iii) obtain services necessary for health, safety, or welfare;
(iv) carry out the activities of daily living;
(v) manage the adult's own resources; or
(vi) comprehend the nature and consequences of remaining in a situation of abuse,
neglect, or exploitation.
(2) Subject to this section and Section 
78B-6-117
, any adult may be adopted by another
adult.
(3) The following provisions of this part apply to the adoption of an adult just as
though the [
person
] 
individual
 being adopted were a minor:
(a) (i) Section 
78B-6-108
;
(ii) Section 
78B-6-114
;
(iii) Section 
78B-6-116
;
(iv) Section 
78B-6-118
;
(v) Section 
78B-6-124
;
(vi) Section 
78B-6-136
;
(vii) Section 
78B-6-137
;
(viii) Section 
78B-6-138
;
(ix) Section 
78B-6-139
;
(x) Section 
78B-6-141
; and
(xi) Section 
78B-6-142
;
(b) Subsections 
[
78B-6-105
(1)(a), (1)(b)(i), (1)(b)(ii), (2), and (7)
] 
78B-6-105
(1)(a),
(1)(b)(i), (1)(b)(ii), (2), and (7)
, except that the juvenile court does not have jurisdiction over a
proceeding for adoption of an adult, unless the adoption arises from a case where the juvenile
court has continuing jurisdiction over the mature adoptee; and
(c) if the mature adoptee is a vulnerable adult, Sections 
78B-6-128
 through 
78B-6-131
,
regardless of whether the mature adoptee resides, or will reside, with the [
adoptors
] 
adopters
,
unless the court, based on a finding of good cause, waives the requirements of those sections.
(4) Before a court enters a final decree of adoption of a mature adoptee, the mature
adoptee and the prospective adoptive parent or parents shall appear before the court presiding
over the adoption [
proceedings
] 
proceeding
 and execute consent to the adoption.
(5) No provision of this part, other than those listed or described in this section or
Section 
78B-6-117
, apply to the adoption of an adult.
Section 5. Section 
78B-6-120.1
 is amended to read:
78B-6-120.1.
Implied consent.
(1) [
(a)
] As used in this section[
, "abandonment"
]
:
(a) "Abandonment"
 means failure of a father, with reasonable knowledge of the
pregnancy, to offer and provide financial and emotional support to the birth mother for a period
of six months before the day on which the adoptee is born.
(b) "Emotional support" means a pattern of statements or actions that indicate to a
reasonable person that a father intends to provide for the physical and emotional well-being of
an unborn child.
[
(b)
] 
(2) (a)
 A court may not determine that a father abandoned the birth mother if the
father failed to provide financial or emotional support because the birth mother refused to
accept support.
[
(2) (a) As used in this section, "emotional support" means a pattern of statements or
actions that indicate to a reasonable person that a father intends to provide for the physical and
emotional well-being of an unborn child.
]
(b) A court may not find that a father failed to provide emotional support if the father's
failure was due to impossibility of performance.
(3) Consent or relinquishment, as required by Subsection 
78B-6-120
(1), may be
implied by any of the following acts:
(a) abandonment;
(b) leaving the adoptee with a third party, without providing the third party with the
parent's identification, for 30 consecutive days;
(c) knowingly leaving the adoptee with another person, without providing for support,
communicating, or otherwise maintaining a substantial relationship with the adoptee, for six
consecutive months; or
(d) receiving notification of a pending adoption proceeding under Subsection
78B-6-110
(6) or of a termination proceeding under Section 
78B-6-112
 and failing to respond
as required.
(4) Implied consent under Subsection (3)[
(a)
] may not be withdrawn.
(5) Nothing in this section negates the requirements of Section 
78B-6-121
 or
78B-6-122
 for an unmarried biological father.
Section 6. Section 
78B-6-136.5
 is amended to read:
78B-6-136.5.
Timing of entry of final decree of adoption -- Posthumous adoption.
(1) Except as provided in Subsection (2), a final decree of adoption may not be entered
until the earlier of:
(a) when the child has lived in the home of the prospective adoptive parent for six
months; or
(b) when the child has been placed for adoption with the prospective adoptive parent
for six months.
(2) (a) If the prospective adoptive parent is the spouse of the [
pre-existing
] 
preexisting
parent, a final decree of adoption may not be entered until the child has lived in the home of
that prospective adoptive parent for one year, unless, based on a finding of good cause, the
court orders that the final decree of adoption may be entered at an earlier time.
(b) The court may, based on a finding of good cause, order that the final decree of
adoption be entered at an earlier time than described in Subsection (1).
(3) [
If the child dies during the time that the child is placed in the home of a
prospective adoptive parent or parents for the purpose of adoption, the
] 
The
 court has authority
to enter a final decree of adoption after [
the
] 
a
 child's death upon the request of the prospective
adoptive 
parent or
 parents[
.
] 
of the child if:
(a) the child dies during the time that the child is placed in the home of a prospective
adoptive parent or parents for the purpose of adoption; or
(b) the prospective adoptive parent is the spouse of a preexisting parent of the child and
the child lived with the prospective adoptive parent before the child's death.
[
(4) The court may enter a final decree of adoption declaring that a child is adopted by
both a deceased and a surviving adoptive parent if, after the child is placed in the home of the
child's prospective adoptive parents:
]
[
(a) one of the prospective adoptive parents dies;
]
[
(b) the surviving prospective adoptive parent requests that the court enter the decree;
and
]
[
(c) the decree is entered after the child has lived in the home of the surviving
prospective adoptive parent for at least six months.
]
(4) The court may enter a final decree of adoption declaring that a child is adopted by:
(a) both a deceased and a surviving adoptive parent if after the child is placed in the
home of the child's prospective adoptive parents:
(i) one of the prospective adoptive parents dies;
(ii) the surviving prospective adoptive parent requests that the court enter the decree;
and
(iii) the decree is entered after the child has lived in the home of the surviving
prospective adoptive parent for at least six months; or
(b) a spouse of a preexisting parent if after the child has lived with the spouse of the
preexisting parent:
(i) the preexisting parent, or the spouse of the preexisting parent, dies;
(ii) the preexisting parent, or the spouse of the preexisting parent, requests that the
court enter the decree; and
(iii) the child has lived in the same home as the spouse of the preexisting parent for at
least one year.
(5) Upon request of a surviving [
pre-existing
] 
preexisting
 parent, or a surviving parent
for whom adoption of a child has been finalized, the court may enter a final decree of adoption
declaring that a child is adopted by a deceased adoptive parent who was the spouse of the
surviving parent at the time of the prospective adoptive parent's death.
(6) The court may enter a final decree of adoption declaring that a child is adopted by
both deceased prospective adoptive parents if:
(a) both of the prospective adoptive parents die after the child is placed in the
prospective adoptive parents' home; and
(b) it is in the best interests of the child to enter the decree.
(7) Nothing in this section shall be construed to grant any rights to the [
pre-existing
]
preexisting
 parents of a child to assert any interest in the child during the six-month or one-year
periods described in this section.
Section 7. Section 
78B-6-140
 is amended to read:
78B-6-140.
Itemization of fees and expenses.
(1) Except as provided in Subsection (4), [
prior to
] 
before
 the date that a final decree of
adoption is entered, an affidavit regarding fees and expenses, signed by the prospective
adoptive parent or parents and the person or agency placing the child, shall be filed with the
court.
(2) The affidavit described in Subsection (1) shall itemize the following items in
connection with the adoption:
(a) all legal expenses, maternity expenses, medical or hospital expenses, and living
expenses that have been or will be paid to or on behalf of the [
pre-existing
] 
preexisting
 parents
of the child, including the source of payment;
(b) fees paid by the prospective adoptive parent or parents in connection with the
adoption;
(c) all gifts, property, or other items that have been or will be provided to the
[
pre-existing
] 
preexisting
 parents, including the source of the gifts, property, or other items;
(d) all public funds used for any medical or hospital costs in connection with the:
(i) pregnancy;
(ii) delivery of the child; or
(iii) care of the child;
(e) the state of residence of the:
(i) birth mother or the [
pre-existing
] 
preexisting
 parents; and
(ii) prospective adoptive parent or parents;
(f) a description of services provided to the prospective adoptive parents or
[
pre-existing
] 
preexisting
 parents in connection with the adoption; and
(g) that Section 
76-7-203
 has not been violated.
(3) [
A
] 
If a child-placing agency, that is licensed by this state, placed the child, a
 copy
of the affidavit described in Subsection (1) shall be provided to the Office of Licensing within
the Department of Human Services.
(4) This section does not apply if the prospective adoptive parent is the legal spouse of
a [
pre-existing
] 
preexisting
 parent.