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UTAH STATUTES AND CODES
78B-6-136.5 - Timing of entry of final decree of adoption -- Posthumous adoption.
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 entereduntil the child has lived in the home of the adoptive parent or parents for six months, unless,based on a finding of good cause, the court orders that the final decree of adoption may beentered at an earlier time.
(2) If the adoptive parent is the spouse of the birth parent, a final decree of adoption maynot be entered until the child has lived in the home of that adoptive parent for one year, unless,based on a finding of good cause, the court orders that the final decree of adoption may beentered at an earlier time.
(3) If the child dies during the time that the child is placed in the home of an adoptiveparent or parents for the purpose of adoption, the court has authority to enter a final decree ofadoption after the child's death upon the request of the adoptive parents.
(4) The court may enter a final decree of adoption declaring that a child is adopted byboth a deceased and a surviving adoptive parent if, after the child is placed in the home of thechild's adoptive parents:
(a) one of the adoptive parents dies;
(b) the surviving 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 adoptiveparent for at least six months.
(5) Upon request of a surviving birth parent, or a surviving parent for whom adoption ofa child has been finalized, the court may enter a final decree of adoption declaring that a child isadopted by a deceased adoptive parent who was the spouse of the surviving parent at the time ofthe adoptive parent's death.
(6) The court may enter a final decree of adoption declaring that a child is adopted byboth deceased adoptive parents if:
(a) both of the adoptive parents die after the child is placed in the adoptive parent'shome; 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-existingparents of a child to assert any interest in the child during the six-month or one-year periodsdescribed in this section.
(1) Except as provided in Subsection (2), a final decree of adoption may not be entereduntil the child has lived in the home of the adoptive parent or parents for six months, unless,based on a finding of good cause, the court orders that the final decree of adoption may beentered at an earlier time.
(2) If the adoptive parent is the spouse of the birth parent, a final decree of adoption maynot be entered until the child has lived in the home of that adoptive parent for one year, unless,based on a finding of good cause, the court orders that the final decree of adoption may beentered at an earlier time.
(3) If the child dies during the time that the child is placed in the home of an adoptiveparent or parents for the purpose of adoption, the court has authority to enter a final decree ofadoption after the child's death upon the request of the adoptive parents.
(4) The court may enter a final decree of adoption declaring that a child is adopted byboth a deceased and a surviving adoptive parent if, after the child is placed in the home of thechild's adoptive parents:
(a) one of the adoptive parents dies;
(b) the surviving 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 adoptiveparent for at least six months.
(5) Upon request of a surviving birth parent, or a surviving parent for whom adoption ofa child has been finalized, the court may enter a final decree of adoption declaring that a child isadopted by a deceased adoptive parent who was the spouse of the surviving parent at the time ofthe adoptive parent's death.
(6) The court may enter a final decree of adoption declaring that a child is adopted byboth deceased adoptive parents if:
(a) both of the adoptive parents die after the child is placed in the adoptive parent'shome; 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-existingparents of a child to assert any interest in the child during the six-month or one-year periodsdescribed in this section.
Enacted by Chapter 237, 2010 General Session
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