Adult Adoption

This webpage includes information and forms for the adoption of an adult.

The primary focus of this page is on procedures when everyone involved is in agreement and cooperating. It does not include information or forms for when people are not in agreement.

This page does not include information or forms for adoptions of a vunerable adult (Utah Code 81-13-101). 

This page does not include information or forms for other types of adoptions, such as adoptions of minor children through an agency, or adoptions by other family members. See the court's Adopting a Minor Stepchild web page for information and forms about that process.

 

Adopting an adult

The person who wants to adopt an adult is called the petitioner. The adult being adopted is called the adoptee.

Any adult may adopt another adult, subject to certain requirements:

  • The petitioner must be at least 10 years older than the person being adopted.
  • If there are joint married petitioners, at least one of them must be 10 years older than the person being adopted.
  • The adoptee must either be a U.S. citizen or be in the United States legally.
  • The petitioner is required to notify certain people about the adoption, and get the agreement (consent) of certain people.

If one person wants to adopt the adult, including if this is an adoption of an adult stepchild, they should use the petition for one petitioner. If two people are married and they both want to adopt the adult, they should use the joint petition form. 

 

Where to file

The adoption petition may be filed in the district court in the district in which the petitioner lives, or if the petitioner does not live in Utah, in the district court in Utah where:

  • the adoptee was born, or
  • the adoptee lives

Utah Code 81-13-102

If there is an open case for the adult being adopted in juvenile court and that court still has jurisdiction (legal authority to make decisions) over the adult being adopted, the petition must be filed in that juvenile court.

Utah Code 78A-6-103


Notice and consent

Each of these people must receive notice of the adoption case, and are required to agree (consent) to adoption of the adult:

  • the adult being adopted
  • the petitioner
  • the spouse of petitioner (if there is one)
  • the guardian or custodian of the person being adopted (if there is one)

Written notice must be provided at least 30 days before the day the adoption is finalized. The people listed above may waive their right to notice in writing.

If the person being adopted is married, the spouse of the person being adopted must also receive notice or sign a waiver of notice.

Utah Code 81-13-303

If one or more of these people will not consent to the adoption, seek the advice of an attorney. The information and forms on this web page are not designed for a contested adoption case.

 

Hearing

Once the papers are filed, the court will schedule a hearing. The petitioners and person being adopted must attend the hearing. The hearing is not a trial but an opportunity for the judge to confirm that all is in order under the law and to issue the final adoption order.

At the hearing, the petitioners and the person being adopted will sign documents in front of the judge agreeing to the adoption.

 

Notice to legal parents

In most cases, the birth parents do not have to be notified about the adoption case. They also do not have to consent to the adoption.

However, the person being adopted must give notice of the adoption to their birth parents once the adoption is final, unless the judge waives the notice requirement for good cause.

Utah Code 81-13-303

 

Effect of adoption

Once the adoption is final, the person being adopted is the legal child of the petitioners.  The person being adopted will be regarded and treated in all respects as the child of the adoptive parents. The birth parents' rights and responsibilities regarding the adoptee are dissolved. 

However, if the petitioner is married to a birth parent of the person being adopted the parties can choose for that birth parent to continue to be on the birth certificate of the person being adopted and have full parental rights and responsibilities. 

If you have questions about the effect of adoption on immigration, inheritance and other matters, seek the advice of an attorney.

 

Name change and birth certificate

The person being adopted may take the family name of their adoptive parents as part of the adoption case.

Once the adoption is final, the court will send a Report of Adoption to the Utah Office of vital Records and Statistics (OVRS). OVRS will send a letter to the adoptive parents with instructions about how to obtain a new birth certificate for the person who was adopted. If the birth certificate is from a state other than Utah, OVRS will forward the Report of Adoption to the listed state where the person who was adopted was born.

If the person being adopted wants to change more than just their last name to take the family name, they must follow the procedure for an adult name change. See the Name Change - Adult web page for information and forms.

For example, Jane Holt, an adult, is adopted by John and Mary McDonald. She can change her last name to McDonald as part of the adoption case. She cannot change her first name to Lucy as part of that adoption case. That would have to be done in a separate name change case in district court.

 

Adoption records

After the hearing, the parties should get at least one court-certified copy of the adoption order. The certified copy would be shown to any third parties.

For information on how to get copies of adoption documents, see the webpage on Opening a Court Adoption Record.

 

Fee Waiver

There is a fee to file a petition for adoption. The petitioner can ask the court to waive the filing fee. See our webpages on Fees and Fee Waivers for more information and forms.

 

Forms

Required forms

  • Cover Sheet (choose one)
  • 1158XX - Utah District Court Cover Sheet for Probate Actions

OR

  • 1138XX - Utah Juvenile Court Petition Cover Sheet
  • Verified Petition: (choose one)
    • 1001AD
Use if only one person is adopting. Also use this one if you are adopting your adult stepchild.
OR
  •  
    • 1002AD
Use if the petitioners are married and both adopting the person. 

Optional Forms

  • 1009AD - Waiver of Notice of Adoption by Adult Adoptee's Spouse  
For the spouse of the person being adopted to sign.
  • 1010AD - Consent to Adoption and Waiver of Notice by Petitioner's Spouse  
For petitioner's spouse to sign if they are agreing to the adoption (but not also adopting the person). 
  • 1017XX - Notice of Petition to Adopt and Notice of Rights (Consent)

 

 

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