Utah Adoption attorneys
If you are considering adopting a child in the state of Utah, particularly through a private or interstate adoption, one of the most important first steps is consulting with an experienced Utah adoption law attorney. In Utah, there is a specific process that must be followed in order to formalize and legalize any adoption. The Utah adoption attorneys at Campbell, Williams, Ference, Nelson & Hall have extensive experience in finalizing Utah adoptions and are passionate about helping couples and birth parents navigate the complex adoption process. Our adoption attorneys will guide you through every step, helping you understand your rights and responsibilities along the way.
Although adoption is an incredibly rewarding experience, it can also be confusing, frustrating, and emotional. Our focus is to minimize your stress. We make sure all legal issues are covered in an effort to keep your adoption moving along as smoothly as possible so you can direct your attention on preparing for growing your family.
Utah, like all states, requires adoptive parents to adhere to specific state rules and guidelines that dictate the adoption process. Through the Utah Adoption Act, Utah adoptions are closely regulated to direct who can adopt someone else, who can be adopted, what legal requirements must be met during the adoption process, and many more topics. These rules and laws are in place to protect the best interests of children who are involved in, and remain the primary focus of Utah adoptions. Every family is different; whether you find yourself in a traditional marriage, same-sex marriage, cohabitation, or are a step or single parent, the adoption attorneys at Campbell, Williams, Ference, Nelson & Hall can help with the often-complicated adoption process. Indeed, we have experience and frequently provide legal services in a wide range of adoption situations including:
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Private and agency adoptions involving infants or older children
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Out of state adoptions
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Single parent adoptions
Except for foster care adoptions, most adoptions in Utah proceed through the state's district courts. Consent must be obtained from the applicable birth parents, home studies and background checks need to be completed, and other issues require attention. All necessary documents must be filed with the Court after filing a Petition for Adoption. Usually, but not always, six months after a family takes custody of a child, a finalization hearing is scheduled with the judge. During these finalization hearings, new parents and judges sign documents and a Decree of Adoption is issued. Finally, your legal representation for the adoption will then help you begin the process for obtaining a new birth certificate and social security card for your child.
For additional information, the Academy of Adoption and Assisted Reproduction Attorneys (AAAA) is an organization we are actively involved in, and for which our lead adoption partner is an honorable member. Below are additional resource links on items and topics you may want or need to explore in your specific situation. We also invite you to contact attorney Derek J. Williams directly with any questions.
Frequently Asked Questions about Utah Adoptions
1. We were just selected by an expectant mother to adopt her baby, what now?
There are many details involved in a private adoption in Utah. Your first step in the adoption process will likely be finding and counseling with an experienced and qualified adoption attorney. Managing a private adoption is very different than finalizing an agency adoption. Private adoptions in Utah require the skills and experience of an attorney who understands the entire adoption process. In addition to guiding you through the specific laws that govern adoptions, a qualified attorney also helps to ensure that each party involved in the adoption process is supported and informed throughout the course of the adoption.
Your attorney’s role will be to help everyone involved prepare for, engage in, and complete all necessary steps and actions that necessary to formally legalize the adoption in Utah courts. From the hospital delivery and placement, to the signing of paperwork by expectant parents and filing of court documents, to dealing with expenses and other related issues, all the way to finalization of the adoption, an attorney licensed in the adopting parent's(s') state of origin will discuss all of these details with you, and guide you through, the adoption process.
You should also be aware that, in addition to hiring an attorney, an adoption home study and certain background checks are required as part of the adoption process. Your attorney can advise you regarding whether (and when) these requirements are necessary as well as help you find an experienced adoption social worker if needed.
2. If we are working with an adoption agency, why do we also need to hire an adoption lawyer?
In order to finalize and legalize your adoption, it must be approved by a judge in Utah court. If the adoption is approved, the judge will sign a Decree of Adoption. This Decree formally terminates the parental rights of the biological parents; indicates that the adoptive parents have all of the rights, responsibilities and obligations owed to the child; and orders that a new birth certificate be prepared.
Normally, the judge will hold a hearing after the child has been in the custody of the adoptive parent(s) for at least six months. At this adoption “finalization” hearing, a representative from the adoption agency will testify regarding the agency’s recommendation and consent to the adoption. During an agency finalization hearing, legal custody of the child is formally transferred from the agency to the adoptive parent(s).
An experienced adoption attorney in Utah should be able to handle an uncontested and straightforward agency finalization for a relatively modest flat fee. This is typically how the adoption attorneys at Campbell, Williams, Ference, Nelson & Hall handle these types of cases.
3. In private adoptions, what expenses are adoptive parents allowed to pay for expectant parents considering placing their child for adoption?
Utah law permits an adoptive couple to pay certain expenses that: (1) are reasonably related to the adoption of a child; (2) are incurred for a reasonable amount; and (3) are not made for the purpose of inducing the mother, parent, or guardian to consent to an adoption, or cooperate in the completing of an adoption. (Utah Code Ann. § 76-7-203.) For example, “Adoption Related Expenses” may include expenses of the mother or father of the child being adopted, including:
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Legal expenses;
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Maternity expenses;
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Medical expenses;
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Hospital expenses;
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Counseling expenses;
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Temporary living expenses during pregnancy or confinement of the mother; and/or
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Expenses for travel between mother’s or father’s home and location where the child will be born or placed for adoption.
Adoptive parent(s) should consult with their attorney or agency before making any payment to or on behalf of a birth parent. As part of the court finalization process, the adoptive parent(s) will be required to sign an affidavit that outlines all adoption related expenses to demonstrate that everything they paid for was legally appropriate.
4. Is there an adoption tax credit available to help cover the costs of adoption?
For specific questions regarding adoption tax credits, you should consult with a tax professional about your individual circumstances. There is a federal adoption tax credit, but whether or not the credit may be available to you will depend upon your individual circumstances.
5. What should I look for when interviewing and considering potential adoption attorneys to hire?
Look for experience! Working with an attorney whose practice focuses primarily on adoption law will save you time, stress, and (very likely) money. A few questions to consider asking potential adoption attorneys might include:
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How many adoptions have you handled that are similar to ours?
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Can you manage a direct/private placement adoption?
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Do you have experience with interstate adoptions, adoptions involving Native American children, step-parent or grandparent adoptions, and/or contested adoptions (as appropriate for your individual circumstances)?
Although it might not be needed in your situation, hiring a Utah attorney who has experience in contested adoptions is strongly recommended. This experience allows your attorney to better identify, manage, and mitigate potential risks involving your adoption placement and finalization before and after they occur.
Finally, while the cost for legal services is important, finding the best value for legal representation is also a factor that you will likely want to consider. An attorney who is experienced, efficient, and knowledgeable about the best ways to address your specific situation will inevitably save you money in the long run.
For additional information on why you might need an adoption attorney, how to select a qualified adoption attorney, and how to find an adoption attorney in another state, the Academy of Adoption and Assisted Reproduction Attorneys (AAAA) is an excellent resource. You are also welcome to call the adoption attorneys at Campbell, Williams, Ference, Nelson & Hall with any questions you might have.
6. What is an "open" vs "closed" adoption?"
A “closed adoption" typically relates to the adoptive parents and biological parents having no contact, where the parties may not even know the identity of one another. In the past 15 years, “closed” adoptions have become less and less common.
Conversely, an “open adoption" generally involves situations where some information is shared between the biological and adoptive parents. There may also be ongoing contact between the parties after the adoption is finalized.
Every adoption is unique and the level of “openness” in an adoption can vary greatly depending on the preferences of the parties involved. The parties involved in one adoption may have only occasional communications while the parties in another may have frequent in-person visits. With private adoptions, the adoption attorney, along with each parties’ adoption social workers/counselors, should encourage discussions early on to make sure both sides are comfortable with the level of openness after placement. It is very important that each person involved in the adoption process consult with an adoption specialist to discuss their preferences and reach a clear understanding and agreement that will be healthy for everyone involved in the years following the adoption placement.
It is also important to know that, in Utah, Post-Adoption Contact Agreements (which are written contracts regarding contact/visitation after adoption placement) are not legal and enforceable in court, except for adoptions involving children adopted out of the custody of the State of Utah (i.e., foster care adoptions). (See Utah Code Ann. § 78B-6-146)
7. How are interstate adoptions different?
Adoptions where either the expectant or adoptive parent(s) reside in a state other that Utah are typically more complicated and require a broader and more unique skill set from the attorney(s) involved. While many states have signed onto a compact called the Interstate Compact for the Placement of Children (ICPC), the application of the law implicates other considerations and procedural requirements. For example, the ICPC requires that, before a child is taken across state lines for the purpose of adoption, the ICPC administrator for each of the two states must review information about the adoption and sign off on the transfer of the child.
With most ICPC adoptions, the adopting parent(s) travel from their home state to the state where the expectant mother delivers the baby. Following placement, the adoption attorney organizes the packet of documents and information required under the law and submits the packet to the administrator of the sending state (usually the state where the child is born). After approval, the sending state administrator forwards the packet, and its approval, to the receiving state (usually the state where the adoptive parent(s) lives), who then reviews and approves of the placement. The adoptive parent(s) must stay in the sending state with the child until approval is received from both states. The amount of time it takes to obtain ICPC approval varies depending on the states involved. Adoptive parent(s) should consult with their adoption attorney when planning how long they may need to stay after placement in the sending state.
Note that ICPC may not apply in all adoption situations (such as adoptions involving placement with close family members). You should consult with your adoption attorney regarding any questions about the applicability of ICPC's requirements when proceeding through your interstate adoption.
8. Do I always need an adoption home study and background checks in order to adopt a child?
Generally, an adoption home study is required to adopt a child in the State of Utah. Similarly, criminal background checks, as well as a records check of the state’s child abuse database, will generally be required.
Adoptions in Utah require an adoption home study unless the adoptive parent is related to the child or the biological parent is a: stepparent, sibling by half or whole, grandparent, aunt, uncle, or first cousin. If an adoption home study is not required, normal background checks on the adoptive parent(s) will still be required.
In Utah, an adoption home study is generally valid for 12 months prior to placement of the child. If multiple children are placed in the home during the 12 months, an update to the home study may be required between the placements. Background checks are generally valid for 18 months prior to the adoption placement. (See Utah Code Ann. §78B-6-128)