Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 129 (2025GS)

Sponsor

Rep. Ward, Raymond P.

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• allows an individual who is adopted as a minor child to access records associated with the individual's adoption if the individual is 18 years old or older;
• amends the jurisdiction of the juvenile court;
• allows a pre-existing parent to petition a court to keep the records associated with an individual's adoption sealed;
• includes a coordination clause to address substantive and technical conflicts if this bill and S.B. 119, Domestic Relations Recodification, both pass and become law; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

12
26B-8-125
78A-6-103
78B-6-141
0
Adoption Records Access Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Raymond P. Ward
Senate Sponsor: Heidi Balderree
LONG TITLE
General Description:
This bill addresses access to adoption records.
Highlighted Provisions:
This bill:
allows an individual who is adopted as a minor child to access records associated with the 
individual's adoption if the individual is 18 years old or older;
amends the jurisdiction of the juvenile court;
allows a pre-existing parent to petition a court to keep the records associated with an 
individual's adoption sealed;
includes a coordination clause to address substantive and technical conflicts if this bill 
and S.B. 119, Domestic Relations Recodification, both pass and become law; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
26B-8-125
, as renumbered and amended by Laws of Utah 2023, Chapter 306
78A-6-103
, as last amended by Laws of Utah 2024, Chapter 366
78B-6-141
, as last amended by Laws of Utah 2021, Chapter 262
Utah Code Sections Affected by Coordination Clause:
AMENDS:
26B-8-125
, as renumbered and amended by Laws of Utah 2023, Chapter 306
78A-6-103
, as last amended by Laws of Utah 2024, Chapter 366
78B-6-141
, as last amended by Laws of Utah 2021, Chapter 262
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-8-125
 is amended to read:
26B-8-125
. Inspection of vital records.
(1)
As used in this section:
(a)
"Designated legal representative" means an attorney, physician, funeral service 
director, genealogist, or other agent of the subject, or an immediate family member of 
the subject, who has been delegated the authority to access vital records.
(b)
"Drug use intervention or suicide prevention effort" means a program that studies or 
promotes the prevention of drug overdose deaths or suicides in the state.
(c)
"Immediate family member" means a spouse, child, parent, sibling, grandparent, or 
grandchild.
(2)
(a)
The vital records shall be open to inspection, but only in compliance with the 
provisions of this part, department rules, and Sections 
78B-6-141
 and 
78B-6-144
.
(b)
It is unlawful for any state or local officer or employee to disclose data contained in 
vital records contrary to this part, department rule, Section 
78B-6-141
, or Section 
78B-6-144
.
(c)
(i)
An adoption document is open to inspection as provided in Section 
78B-6-141
or Section 
78B-6-144
.
(ii)
A birth parent may not access an adoption document under Subsection 
78B-6-141(3)
.
(d)
A custodian of vital records may permit inspection of a vital record or issue a 
certified copy of a record or a part of a record when the custodian is satisfied that the 
applicant has demonstrated a direct, tangible, and legitimate interest.
(3)
Except as provided in Subsection 
(4)
, a direct, tangible, and legitimate interest in a vital 
record is present only if:
(a)
the request is from:
(i)
the subject;
(ii)
an immediate family member of the subject;
(iii)
the guardian of the subject;
(iv)
a designated legal representative of the subject; or
(v)
a person, including a child-placing agency as defined in Section 
78B-6-103
, with 
whom a child has been placed pending finalization of an adoption of the child;
(b)
the request involves a personal or property right of the subject of the record;
(c)
the request is for official purposes of a public health authority or a state, local, or 
federal governmental agency;
(d)
the request is for a drug use intervention or suicide prevention effort or a statistical or 
medical research program and prior consent has been obtained from the state 
registrar; or
(e)
the request is a certified copy of an order of a court of record specifying the record to 
be examined or copied.
(4)
(a)
Except as provided in 
Title 78B, Chapter 6, Part 1, Utah Adoption Act
, a parent, 
or an immediate family member of a parent, who does not have legal or physical 
custody of or visitation or parent-time rights for a child because of the termination of 
parental rights under 
Title 80, Chapter 4, Termination and Restoration of Parental 
Rights
, or by virtue of consenting to or relinquishing a child for adoption pursuant to 
Title 78B, Chapter 6, Part 1, Utah Adoption Act
, may not be considered as having a 
direct, tangible, and legitimate interest under this section.
(b)
Except as provided in Subsection 
(2)(d)
, a commercial firm or agency requesting 
names, addresses, or similar information may not be considered as having a direct, 
tangible, and legitimate interest under this section.
(5)
Upon payment of a fee established in accordance with Section 
63J-1-504
, the office 
shall make the following records available to the public:
(a)
except as provided in Subsection 
26B-8-110(4)(b)
, a birth record, excluding 
confidential information collected for medical and health use, if 100 years or more 
have passed since the date of birth;
(b)
a death record if 50 years or more have passed since the date of death; and
(c)
a vital record not subject to Subsection 
(5)(a)
 or 
(b)
 if 75 years or more have passed 
since the date of the event upon which the record is based.
(6)
Upon payment of a fee established in accordance with Section 
63J-1-504
, the office 
shall make an adoption document available as provided in Sections 
78B-6-141
 and 
78B-6-144
.
(7)
The office shall make rules in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, establishing procedures and the content of forms as 
follows:
(a)
for the inspection of adoption documents under Subsection 
78B-6-141(4)
78B-6-141(3)
;
(b)
for a birth parent's election to permit identifying information about the birth parent 
to be made available, under Section 
78B-6-141
;
(c)
(b)
for the release of information by the mutual-consent, voluntary adoption 
registry, under Section 
78B-6-144
;
(d)
(c)
for collecting fees and donations under Section 
78B-6-144.5
; and
(e)
(d)
for the review and approval of a request described in Subsection 
(3)(d)
.
Section 2, Section 
78A-6-103
 is amended to read:
78A-6-103
. Original jurisdiction of the juvenile court -- Magistrate functions -- 
Findings -- Transfer of a case from another court.
(1)
Except as provided in Subsection (3), the juvenile court has original jurisdiction over:
(a)
a felony, misdemeanor, infraction, or violation of an ordinance, under municipal, 
state, or federal law, that was committed by a child;
(b)
a felony, misdemeanor, infraction, or violation of an ordinance, under municipal, 
state, or federal law, that was committed by an individual:
(i)
who is under 21 years old at the time of all court proceedings; and
(ii)
who was under 18 years old at the time the offense was committed; and
(c)
a misdemeanor, infraction, or violation of an ordinance, under municipal or state law, 
that was committed:
(i)
by an individual:
(A)
who was 18 years old and enrolled in high school at the time of the offense; 
and
(B)
who is under 21 years old at the time of all court proceedings; and
(ii)
on school property where the individual was enrolled:
(A)
when school was in session; or
(B)
during a school-sponsored activity, as defined in Section 
53G-8-211
.
(2)
The juvenile court has original jurisdiction over:
(a)
any proceeding concerning:
(i)
a child who is an abused child, neglected child, or dependent child;
(ii)
a protective order for a child in accordance with Title 78B, Chapter 7, Part 2, 
Child Protective Orders;
(iii)
the appointment of a guardian of the individual or other guardian of a minor who 
comes within the court's jurisdiction under other provisions of this section;
(iv)
the emancipation of a minor in accordance with Title 80, Chapter 7, 
Emancipation;
(v)
the termination of parental rights in accordance with Title 80, Chapter 4, 
Termination and Restoration of Parental Rights, including termination of residual 
parental rights and duties;
(vi)
the treatment or commitment of a minor who has an intellectual disability;
(vii)
the judicial consent to the marriage of a minor who is 16 or 17 years old in 
accordance with Section 
81-2-304
;
(viii)
an order for a parent or a guardian of a child under Subsection 
80-6-705
(3);
(ix)
a minor under Title 80, Chapter 6, Part 11, Interstate Compact for Juveniles;
(x)
the treatment or commitment of a child with a mental illness;
(xi)
the commitment of a child to a secure drug or alcohol facility in accordance with 
Section 
26B-5-204
;
(xii)
a minor found not competent to proceed in accordance with Title 80, Chapter 6, 
Part 4, Competency;
(xiii)
de novo review of final agency actions resulting from an informal adjudicative 
proceeding as provided in Section 
63G-4-402
;
(xiv)
adoptions conducted in accordance with the procedures described in Title 78B, 
Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered 
an order terminating the rights of a parent and finds that adoption is in the best 
interest of the child;
(xv)
an ungovernable or runaway child who is referred to the juvenile court by the 
Division of Juvenile Justice and Youth Services if, despite earnest and persistent 
efforts by the Division of Juvenile Justice and Youth Services, the child has 
demonstrated that the child:
(A)
is beyond the control of the child's parent, guardian, or custodian to the extent 
that the child's behavior or condition endangers the child's own welfare or the 
welfare of others; or
(B)
has run away from home; and
(xvi)
a criminal information filed under Part 4a, Adult Criminal Proceedings, for an 
adult alleged to have committed an offense under Subsection 
78A-6-352
(4)(b) for 
failure to comply with a promise to appear and bring a child to the juvenile court;
(b)
a petition for expungement under Title 80, Chapter 6, Part 10, Juvenile Records and 
Expungement; 
(c)
the extension of a nonjudicial adjustment under Section 
80-6-304
;
(d)
a petition for special findings under Section 
80-3-305
; 
and
(e)
a referral of a minor for being a habitual truant as defined in Section 
53G-8-211
.
; 
and
(f)
a pre-existing parent's petition to seal adoption documents as described in Subsection 
78B-6-141(5).
(3)
The juvenile court does not have original jurisdiction over an offense committed by a 
minor as described in Subsection 
(1)
 if:
(a)
the district court has original jurisdiction over the offense under Section 
78A-5-102.5
;
(b)
the district court has original jurisdiction over the offense under Subsection 
78A-5-102(8)
, unless the juvenile court has exclusive jurisdiction over the offense 
under Section 
78A-6-103.5
; or
(c)
the justice court has original jurisdiction over the offense under Subsection 
78A-7-106(2)
, unless the juvenile court has exclusive jurisdiction over the offense 
under Section 
78A-6-103.5
.
(4)
It is not necessary for a minor to be adjudicated for an offense or violation of the law 
under Section 
80-6-701
 for the juvenile court to exercise jurisdiction under Subsection 
(2)(a)(xvi), (b), or (c).
(5)
This section does not restrict the right of access to the juvenile court by private agencies 
or other persons.
(6)
The juvenile court has jurisdiction of all magistrate functions relative to cases arising 
under Title 80, Chapter 6, Part 5, Transfer to District Court.
(7)
The juvenile court has jurisdiction to make a finding of substantiated, unsubstantiated, 
or without merit, in accordance with Section 
80-3-404
.
(8)
The juvenile court has jurisdiction over matters transferred to the juvenile court by 
another trial court in accordance with Subsection 
78A-7-106(6)
 and Section 
80-6-303
.
(9)
The juvenile court has jurisdiction to enforce foreign protection orders as described in 
Subsection 
78B-7-303(8)
.
Section 3, Section 
78B-6-141
 is amended to read:
78B-6-141
. Court hearings may be closed -- Adoption documents.
(1)
(a)
Notwithstanding Section 
80-4-106
, court hearings in adoption cases may be 
closed to the public upon request of a party to the adoption petition and upon court 
approval.
(b)
In a closed hearing, only the following individuals may be admitted:
(i)
a party to the proceeding;
(ii)
the adoptee;
(iii)
a representative of an agency having custody of the adoptee;
(iv)
in a hearing to relinquish parental rights, the individual whose rights are to be 
relinquished and invitees of that individual to provide emotional support;
(v)
in a hearing on the termination of parental rights, the individual whose rights may 
be terminated;
(vi)
in a hearing on a petition to intervene, the proposed intervenor;
(vii)
in a hearing to finalize an adoption, invitees of the petitioner; and
(viii)
other individuals for good cause, upon order of the court.
(2)
An
Except as provided in Subsections 
(3)
 and (4), an
 adoption document and any other 
documents filed in connection with a petition for adoption are sealed.
(3)
The documents described in Subsection 
(2)
 may only be open to inspection and copying:
(a)
in accordance with Subsection 
(5)(a)
, by a party to the adoption proceeding:
(i)
while the proceeding is pending; or
(ii)
within six months after the day on which the adoption decree is entered;
(b)
subject to Subsection 
(5)(b)
, if a court enters an order permitting access to the 
documents by an individual who has appealed the denial of that individual's motion 
to intervene;
(c)
upon order of the court expressly permitting inspection or copying, after good cause 
has been shown;
(d)
as provided under Section 
78B-6-144
;
(e)
when the adoption document becomes public on the one hundredth anniversary of 
the date the final decree of adoption was entered;
(f)
when the birth certificate becomes public on the one hundredth anniversary of the 
date of birth;
 or
(g)
to a mature adoptee or a parent who adopted the mature adoptee, without a court 
order, unless the final decree of adoption is entered by the juvenile court under 
Subsection 
78B-6-115(3)(b)
; or
.
(h)
to an adult adoptee, to the extent permitted under Subsection 
(4)
.
(4)
(a)
An adult adoptee that was born in the state may access an adoption document 
associated with the adult adoptee's adoption without a court order:
(i)
to the extent that a birth parent consents under Subsection 
(4)(b)
; or
(ii)
if the birth parents listed on the original birth certificate are deceased.
(b)
A birth parent may:
(i)
provide consent to allow the access described in Subsection 
(4)(a)
 by electing, 
electronically or on a written form provided by the office, allowing the birth 
parent to elect to:
(A)
allow the office to provide the adult adoptee with the contact information of 
the birth parent that the birth parent indicates;
(B)
allow the office to provide the adult adoptee with the contact information of 
an intermediary that the birth parent indicates;
(C)
prohibit the office from providing any contact information to the adult 
adoptee;
(D)
allow the office to provide the adult adoptee with a noncertified copy of the 
original birth certificate; and
(ii)
at any time, file, electronically or on a written document with the office, to:
(A)
change the election described in Subsection 
(4)(b)
; or
(B)
elect to make other information about the birth parent, including an updated 
medical history, available for inspection by an adult adoptee.
(c)
A birth parent may not access any identifying information or an adoption document 
under this Subsection 
(4)
.
(d)
If two birth parents are listed on the original birth certificate and only one birth 
parent consents under Subsection 
(4)(b)
 or is deceased, the office may redact the 
name of the other birth parent.
(4)
(a)
Unless there is a court order sealing the documents, an adult adoptee may inspect 
and copy the following adoption documents associated with the adult adoptee's 
adoption, without a court order:
(i)
the report of adoption;
(ii)
the original birth certificate;
(iii)
the findings of fact for the adoption; and 
(iv)
the final decree of adoption.
(b)
A pre-existing parent of an adult adoptee may bring a petition in the court that 
entered the final decree of adoption to keep the documents described in Subsection 
(4)(a)
 sealed for 10 years after the day on which the adult adoptee reaches 18 years 
old.
(c)
The pre-existing parent shall:
(i)
file a petition described in Subsection (4)(a) before the adoptee reaches 18 years 
old; and
(ii)
include in the petition sufficient information for the court to reliably determine 
the adoption documents at issue in the petition.
(d)
The court may only grant the petition described in Subsection 
(4)(b)
 if the 
pre-existing parent establishes by sworn affidavit that the adult adoptee's access to 
the documents described in Subsection 
(4)(a)
 would place the pre-existing parent in 
reasonable fear of harm from an individual.
(e)
If the court grants a pre-existing parent's petition, the documents described in 
Subsection 
(4)(a)
 shall remain sealed for 10 years from the entry of the order, unless 
the court permits access to the documents under Subsection 
(3)(c)
.
(f)
The pre-existing parent may bring a new petition every 10 years for an order 
extending the sealing of the documents described in Subsection 
(4)(a)
 for an 
additional 10 years.
(g)
The pre-existing parent shall file a petition described in Subsection (4)(f) before the 
expiration of the previous order.
(h)
A petition to extend the sealing of the documents described in Subsection 
(4)(a)
 shall 
satisfy all of the requirements described in Subsections (4)(b) through (d) for the 
original petition.
(5)
(a)
An individual who files a motion to intervene in an adoption proceeding:
(i)
is not a party to the adoption proceeding, unless the motion to intervene is granted; 
and
(ii)
may not be granted access to the documents described in Subsection 
(2)
, unless 
the motion to intervene is granted.
(b)
An order described in Subsection 
(3)(b)
 shall:
(i)
prohibit the individual described in Subsection 
(3)(b)
 from inspecting a document 
described in Subsection 
(2)
 that contains identifying information of the adoptive 
or prospective adoptive parent; and
(ii)
permit the individual described in Subsection 
(5)(b)(i)
 to review a copy of a 
document described in Subsection 
(5)(b)(i)
 after the identifying information 
described in Subsection 
(5)(b)(i)
of the adoptive or prospective adoptive parent
 is 
redacted from the document.
Section 4. 
Effective Date.
This bill takes effect on 
November 1, 2025
.
Section 5. 
Coordinating H.B. 129 with S.B. 119.
If H.B. 129, Adoption Records Access Amendments, and S.B. 119, Domestic Relations 
Recodification, both pass and become law, the Legislature intends that:
(1)
on September 1, 2025, the coordination clause in S.B. 119 that coordinates H.B. 129 
with S.B. 119 not take effect; and
(2)
on November 1, 2025:
(a)
Subsection 26B-8-125(7) be amended to read:
"
(7) The office shall make rules in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, establishing procedures and the content of forms as 
follows:
(a) for the inspection of adoption documents under Subsection 
78B-6-141(4)
81-13-103(3)
;
(b) for a birth parent's election to permit identifying information about the birth 
parent to be made available, under Section 78B-6-141;
(c)
(b)
 for the release of information by the mutual-consent, voluntary adoption 
registry
, under Section 78B-6-144
 as described in Section 81-13-504
;
(d)
(c)
 for collecting fees and donations under Section 
78B-6-144.5
81-13-505
; 
and
(e)
(d)
 for the review and approval of a request described in Subsection (3)(d).
";
(b)
the reference in Subsection 
78A-6-103(2)(f)
 in H.B. 129 be changed from 
"Subsection 
78B-6-141(5)
" to "Subsection 
81-13-103(6)
";
(c)
Section 81-13-103 (renumbered from Section 78B-6-141) in S.B. 119 be amended to 
read:
" 
78B-6-141
81-13-103
. Court hearings -- Adoption documents -- Motion to 
intervene.
(1)(a) Notwithstanding Section 80-4-106, 
court hearings in adoption cases may 
be closed to the public
the court may close to the public any court hearing regarding 
an adoption
 upon 
the 
request of a party to the 
adoption petition and upon court 
approval
petition for adoption
.
(b) In a closed hearing, 
the court may 
only
 admit
 the following individuals
 may 
be admitted
:
(i) a party to the proceeding;
(ii) the adoptee;
(iii) a representative of an agency having custody of the adoptee;
(iv) in a hearing to relinquish parental rights, the individual whose rights are to be 
relinquished and invitees of that individual to provide emotional support;
(v) in a hearing on the termination of parental rights, the individual whose rights 
may be terminated;
(vi) in a hearing on a petition to intervene, the proposed intervenor;
(vii) in a hearing to finalize an adoption, invitees of the petitioner; and
(viii) other individuals for good cause, upon order of the court.
(2) 
An
Except as provided in Subsection 
(3)
 through (7), an
 adoption document 
and any other documents filed in connection with a petition for adoption are sealed. 
(3) The documents described in Subsection (2) may only be open to inspection 
and copying:
(a) in accordance with Subsection (5)(a), by a party to the adoption proceeding:
(i) while the proceeding is pending; or
(ii) within six months after the day on which the adoption decree is entered;
(b) subject to Subsection (5)(b), if a court enters an order permitting access to the 
documents by an individual who has appealed the denial of that individual's motion 
to intervene;
(c) upon order of the court expressly permitting inspection or copying, after good 
cause has been shown;
(d) as provided under Section 78B-6-144;
(e) when the adoption document becomes public on the one hundredth 
anniversary of the date the final decree of adoption was entered;
(f) when the birth certificate becomes public on the one hundredth anniversary of 
the date of birth;
(g) to a mature adoptee or a parent who adopted the mature adoptee, without a 
court order, unless the final decree of adoption is entered by the juvenile court under 
Subsection 78B-6-115(3)(b); or
(h) to an adult adoptee, to the extent permitted under Subsection (4).
(4)(a) An adult adoptee that was born in the state may access an adoption 
document associated with the adult adoptee's adoption without a court order:
(i) to the extent that a birth parent consents under Subsection (4)(b); or
(ii) if the birth parents listed on the original birth certificate are deceased.
(b) A birth parent may:
(i) provide consent to allow the access described in Subsection (4)(a) by electing, 
electronically or on a written form provided by the office, allowing the birth parent to 
elect to:
(A) allow the office to provide the adult adoptee with the contact information of 
the birth parent that the birth parent indicates;
(B) allow the office to provide the adult adoptee with the contact information of 
an intermediary that the birth parent indicates;
(C) prohibit the office from providing any contact information to the adult 
adoptee;
(D) allow the office to provide the adult adoptee with a noncertified copy of the 
original birth certificate; and
(ii) at any time, file, electronically or on a written document with the office, to:
(A) change the election described in Subsection (4)(b); or
(B) elect to make other information about the birth parent, including an updated 
medical history, available for inspection by an adult adoptee.
(c) A birth parent may not access any identifying information or an adoption 
document under this Subsection (4).
(d) If two birth parents are listed on the original birth certificate and only one 
birth parent consents under Subsection (4)(b) or is deceased, the office may redact 
the name of the other birth parent.
(5)(a) An individual who files a motion to intervene in an adoption proceeding:
(i) is not a party to the adoption proceeding, unless the motion to intervene is 
granted; and
(ii) may not be granted access to the documents described in Subsection (2), 
unless the motion to intervene is granted.
(b) An order described in Subsection (3)(b) shall:
(i) prohibit the individual described in Subsection (3)(b) from inspecting a 
document described in Subsection (2) that contains identifying information of the 
adoptive or prospective adoptive parent; and
(ii) permit the individual described in Subsection (5)(b)(i) to review a copy of a 
document described in Subsection (5)(b)(i) after the identifying information 
described in Subsection (5)(b)(i) is redacted from the document.
(3) A person may only inspect and copy the documents described in Subsection 
(2):
(a) if the adoption proceeding is pending and the person is a party to the adoption 
proceeding;
(b) within 180 days after the day on which the final decree of adoption is entered 
if the person is a party to the adoption proceeding;
(c) if the court enters an order expressly permitting the inspection or copying the 
documents after the person filed a motion to intervene and the motion to intervene 
was granted on appeal;
(d) if the court enters an order expressly permitting the inspection or copying of 
the documents after good cause is shown;
(e) if the office is permitted to release the documents to the person as described in 
Section 81-13-504;
(f) when the documents become public 100 years after the day on which the final 
decree of adoption was entered;
(g) when the birth certificate becomes public 100 years after the day on which the 
adoptee was born; or
(h) if the person is permitted access to the documents under Subsection (6) or (7).
(4) A person who files a motion to intervene in an adoption proceeding:
(a) is not a party to the adoption proceeding, unless the motion to intervene is 
granted; and
(b) subject to Subsection (5), may not be granted access to the documents 
described in Subsection (2), unless the motion to intervene is granted.
(5) If the court enters an order under Subsection (3)(c) or a potential birth father is 
made a party to the adoption proceeding upon a motion to intervene, the court shall:
(a) prohibit the person described in Subsection (3)(c) or the potential birth father 
from inspecting a document described in Subsection (2) that contains identifying 
information of an adoptive or prospective adoptive parent; and
(b) permit the person described in Subsection (3)(c) or the potential birth father to 
review a copy of the document described in Subsection (5)(a) after the identifying 
information of the adoptive or prospective adoptive parent is redacted from the 
document.
(6) (a) Unless there is a court order sealing the documents, a child adoptee may 
inspect and copy the following documents associated with the child adoptee's 
adoption, without a court order, if the child adoptee is 18 years old or older:
(i) the report of adoption;
(ii) the original birth certificate;
(iii) the findings of fact for the adoption; and
(iv) the final decree of adoption.
(b) A pre-existing parent of a child adoptee may bring a petition in the court that 
entered the final decree of adoption to keep the documents described in Subsection 
(6)(a)
 sealed for 10 years after the day on which the child adoptee reaches 18 years 
old.
(c) The pre-existing parent shall:
(i) file a petition described in Subsection (6)(b) before the child adoptee reaches 
18 years old; and
(ii) include in the petition sufficient information for the court to reliably determine 
the adoption documents at issue in the petition.
(d) The court may only grant the petition described in Subsection (6)(b) if the 
pre-existing parent establishes by sworn affidavit that the child adoptee's access to 
the documents described in Subsection 
(6)(a)
 would place the pre-existing parent in 
reasonable fear of harm from an individual.
(e) If the court grants a pre-existing parent's petition, the documents described in 
Subsection (6)(a) shall remain sealed for 10 years from the entry of the order, unless 
the court permits access to the documents under Subsection (3)(d).
(f) The pre-existing parent may bring a new petition every 10 years for an order 
extending the sealing of the documents described in Subsection 
(6)(a)
 for an 
additional 10 years.
(g) The pre-existing parent shall file a petition described in Subsection (6)(f) 
before the expiration of the previous order.
(h) A petition to extend the sealing of the documents described in Subsection 
(6)(a)
shall satisfy all of the requirements described in Subsections (6)(b) through (d) for 
the original petition.
(7) An adult adoptee, or the adoptive parent of the adult adoptee, may inspect an 
adoption document associated with the adult adoptee's adoption without a court 
order, unless the final decree of adoption is entered by the juvenile court.
(8) A pre-existing parent may not access the documents described in Subsection 
(2)."; and
(d)
the changes to Section 78B-6-141 in H.B. 129 not be made.
3-3-25 2:23 PM