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Utah Adoption Law
Permits single GLBT individuals to petition to adopt? Yes.
Utah law permits any single adult or married couple to petition to adopt.
Permits a same-sex couple to jointly petition to adopt? No.
Unmarried, cohabitating couples are prohibited from petitioning to adopt. UT. CODE §78-30-1.
Permits a same-sex partner to petition to adopt partner’s adopted child? Unclear.
78-30-1. Who may adopt -- Adoption of minor -- Adoption of adult.
(1) Any minor child may be adopted by an adult person, in accordance with the provisions and requirements of this section and this chapter.
(2) (a) For purposes of this Subsection (2), "vulnerable adult" means:
(i) a person 65 years of age or older; or
(ii) an adult, 18 years of age or older, who has a mental or physical impairment which substantially affects that person's ability to:
(A) provide personal protection;
(B) provide necessities such as food, shelter, clothing, or medical or other health care;
(C) obtain services necessary for health, safety, or welfare;
(D) carry out the activities of daily living;
(E) manage the adult's own resources; or
(F) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation.
(b) Subject to this Subsection (2) and Subsection (3), any adult may be adopted by another adult.
(c) The following provisions of this chapter apply to the adoption of an adult just as though the person being adopted were a minor:
(i) Sections 78-30-1.1, 78-30-1.2, 78-30-2, 78-30-3, 78-30-4.18, 78-30-6, 78-30-8, 78-30-8.5, 78-30-8.6, 78-30-9, 78-30-10, 78-30-11, and 78-30-15;
(ii) Subsections 78-30-7(1), (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 adult adoptee; and
(iii) if the adult adoptee is a vulnerable adult, Section 78-30-3.5, regardless of whether the adult adoptee resides, or will reside, with the adoptors, unless the court, based on a finding of good cause, waives the requirements of Section 78-30-3.5.
(d) Before a court enters a final decree of adoption of an adult, the adoptee and the adoptive parent or parents shall appear before the court presiding over the adoption proceedings and execute consent to the adoption.
(e) No provision of this chapter, other than those listed or described in this Subsection (2) or Subsection (3), apply to the adoption of an adult.
(3) (a) A child may be adopted by:
(i) adults who are legally married to each other in accordance with the laws of this state, including adoption by a stepparent; or
(ii) subject to Subsection (4), any single adult, except as provided in Subsection (3)(b).
(b) A child may not be adopted by a person who is cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this state. For purposes of this Subsection (3)(b), "cohabiting" means residing with another person and being involved in a sexual relationship with that person.
(4) In order to provide a child who is in the custody of the division with the most beneficial family structure, when a child in the custody of the division is placed for adoption, the division or child-placing agency shall place the child with a man and a woman who are married to each other, unless:
(a) there are no qualified married couples who:
(i) have applied to adopt a child;
(ii) are willing to adopt the child; and
(iii) are an appropriate placement for the child;
(b) the child is placed with a relative of the child;
(c) the child is placed with a person who has already developed a substantial relationship with the child;
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