Adopting a Minor Stepchild

 This webpage includes information and forms for the adoption of a minor child by a stepparent.

The primary focus of this page is on procedures when everyone involved is in agreement and cooperating. 

This page does not include information or forms for other types of adoptions, such as adoptions through an agency or adoptions by other family members. If the person being adopted is an adult see the Adult Adoption page.

This page does not have information or forms about past-due child support.

 

What is an adoption of a minor stepchild?

An adoption case is not like other civil cases. The Utah Adoption Act creates special processes for adoptions. 

A adoption of a minor stepchild is when a person married to a child’s parent becomes the child’s legal parent too. After the adoption, they share all the rights and responsibilities of parents. When this happens, the legal rights of the child’s other birth or legal parent end. 

Some people must agree (consent) to the adoption. If they do not agree, they must get notice of the case and have a chance to ask the court to take part. And if the court allows them to be part of the case, the person can oppose the adoption.  These people are:

  • the spouse of the person adopting the child (Unless they join in the petition. Our forms presume that the spouse is a co-petitioner.)
  • the child being adopted if they are 12 or older.
  • the child's non-custodial parent
  • the child's court-appointed guardian (If the order appointing the guardian says the guardian the right to consent to the child's adoption.)

Other people do not have to agree but do have a right to get notice of the case. They can ask the court to be part of the case and if that is allowed can oppose the adoption. These people are:

  • the child's court-appointed guardian (If the order appointing the guardian does not say they have the right to consent to the child's adoption.)
  • the child's custodian
  • the child's spouse if the child is married

If everyone agrees or waives their rights, the adoption process is easier. If someone does not agree or waive their rights, there are more steps and the process is more complicated.

For difficult situations talk to a lawyer for advice and help. See the Finding Legal Help page.

I want to ask to adopt my stepchild
I need to respond to an adoption petition

How to ask to adopt your stepchild

Before adopting your minor stepchild:

  • you must be married to the child's custodial parent
  • you or your spouse must be at least 10 years older than the child 
  • the child must have lived with you for at least the last 180 days (can be waived by the judge)
  • you cannot have a felony that would disqualify you from adopting (like a felony for child abuse) unless you meet specific criteria. For more information, see Utah Code 81-13-203.  Situations involving a disqualifying offense are beyond the scope of this page.
  • you must live in Utah. Or if you do not live in Utah the child must be have been born in Utah or live in Utah. Or one of the child's parents must live in Utah.

Utah Code 81-13-203

This page and forms are for adopting a child that is under 18 years old. If you are wanting to adopt an adult stepchild see the Adult Adoption page.

You (the person adopting your stepchild) need to get the following:
  • Criminal History Clearance. Choose one of these options. Either:
    • Obtain a report from the Federal Bureau of Investigation. When you receive the report, do not open the envelope until you take it to the court to file it. This preserves the chain of custody of the report and shows you have not tampered with the results.
      - or -
    • Obtain a report from the Utah Department of Health and Human Services. A lawyer or an adoption agency must request the report and submit it to the court for you. See our Finding Legal Help Page for information about ways to get legal help.
  • Report of Child Abuse History from the Division of Child and Family Services. 
    • To request this report, complete a Utah Child Abuse Central Registry Request - PDF

You and your spouse will be co-petitioners. 

Fill out all of these required forms:

  • 1158XX - Utah District Court Cover Sheet for Probate Actions
  • 1007XX - Petition to Adopt a Minor Stepchild
You and your spouse both sign this form. Your spouse also fills out the last section of the form called "Spouse's agreement to adoption". 
  • Report of Adoption (Office of Vital Records and Statistics) - PDF
Fill out everything except the part called "Certification of Court Clerk". 
  • 1014XX - Adoption Agreement
Fill out what you can but do not date or sign this. That will happen at the adoption hearing.
  • 1015XX - Findings of Fact and Conclusions of Law
Fill this out based on what you are asking for in your petition but do not sign it. It is for the judge to sign at the adoption hearing.
  • 1016XX - Adoption Decree 
 Fill this out based on what you are asking for in your petition but do not sign it. It is for the judge to sign at the adoption hearing.
 

You will also need some of these forms (choose the ones that match your situation):

The other parent of the child (non-custodial parent) must agree to the adoption or be served with Notice of Petition to Adopt and Notice of Rights.

Utah Code 81-13-207

If parent agrees: 

  • 1010XX - Non-custodial Father's Consent to Adoption and Waiver of Rights

If the father will agree to the adoption have him sign this form in front a of a notary public.

  • 1009XX - Birth Mother's Consent to Adoption and Waiver of Rights 

Fill out what you can but do not have the mother sign. The mother must sign in front of a judge or a person appointed by a judge. If the mother can attend the hearing she can sign then. This page does not have information on how to ask the judge to appoint someone if the mother is not able to come to the hearing. For that situation you may need to talk to a lawyer for advice and help.

If parent is deceased:

If the other parent has died file a photocopy of the death certificate or other evidence of death.

If parent does not agree:

See Step 4 below on serving notice.

If no other parent on birth certificate:

See "Father Unknown (no father on birth certificate)" in Step 4 below.

If the child being adopted is 12 years old or older they have to agree to the adoption or be served with the Notice of Petition to Adopt and Notice of Rights unless they do not have the mental capacity to agree.

If the child agrees:

  • 1008XX - Adoptee's Consent to Adoption and Waiver of Rights 

Fill out what you can but do not have the child sign. The child will sign in front of the judge at the hearing. If the child cannot attend the hearing, the judge can appoint someone for the child to sign in front of. This page does not have information on how to ask the judge to appoint someone. For that situation you may need to talk to a lawyer for advice and help.

A court appointed guardian for a child has certain rights.  Look at the order appointing the guardian to see if it gives them the right to agree (consent) to the child's adoption.

If guardian has right to agree

Guardian can agree to the the adoption by filling out this form:

  • 1011XX - Guardian's Consent to Adoption and Waiver of Notice

If guardian does not have right to agree

The guardian has the right to notice and to ask to be a part of the case. If they are okay waiving that right they can fill out this form.

  • 1009AD - Waiver of Notice of Adoption by Adult Adoptee's Spouse  

If the guardian will not sign to agree or waive notice you will need to have them served. See Step 4 below.

If the child has a custodian that person has a right to notice and to ask to be a part of the case. Also if the child is married their spouse has those rights. If the custodian or spouse is okay waiving that right (meaning they are okay with the adoption going forward without more notice to them) have them sign this form:

  • 1009AD - Waiver of Notice of Adoption by Adult Adoptee's Spouse  

If they will not sign, you will need to have them served. See Step 4. 

There is a filing fee that you pay to the courthouse when you file the papers with the court. If you cannot afford to pay the filing fee, you can also ask for a fee waiver.

File with the courthouse

When you have all the forms ready, you can file them with the court. See our web page about Filing Procedures for more information about how to file.

You file in the district court in Utah where you live. If you do not live in Utah you can file in the judicial district in Utah where:

  • the child was born 
  • the child lives
  • a parent of the child lives

 

See the Court Directory to find the information for the district courthouses.

You can skip this step if everyone is consenting or waiving their rights. 

If someone who must consent or waive notice does not, you must have them served with this form:

  • 1017XX - Notice of Petition to Adopt and Notice of Rights (Consent)

You do not attach the petition or other adoption forms.

How you have the notice served depends on who they are. These people must be served the notice like a civil complaint under Utah Rule of Civil Procedure 4:

  • child being adopted if they are 12 or older.
  • the child's non-custodial parent
  • the child's court-appointed guardian (If the order appointing the guardian says the guardian the right to consent to the child's adoption.)

These people can be served by certified mail, return receipt requested. 

  • the child's court-appointed guardian (If the order appointing the guardian does not say they have the right to consent to the child's adoption.)
  • the child's custodian
  • the child's spouse if the child is married

For more information, see our webpage on Serving Papers. For each person that is served you will need to file proof of service with the court. A sheriff, constable, or process server may have their own form. Or there is this form:

  • 1020GE - Proof of Completed Service (General) 

Utah Code 81-13-207

If you know the identity of someone who must be served with Notice of Petition to Adopt and Right to Intervene, but you cannot find them to serve them after at least two attempts, you can ask the judge to order service by alternative means. If service is by publication, the judge will designate the content of the notice regarding the identity of the parties.

See the instructions on the Alternative Service page and Utah Code 81-13-207 for more information. However, use the forms below. Alternative service in an adoption is different from alternative service in other civil cases.

 

If you do not know the identity of the stepchild's father, you must obtain a Certificate of Search for paternity from the Office of Vital Records and Statistics and file it with the court. To get the report, follow these steps required by the Office of Vital Records and Statistics:

  • First file the petition with the court, and have a copy of the petition stamped with the filing date and certified by court staff as being a true copy.
  • Complete the application form for a paternity search and personally deliver it and the date-stamped, certified copy of your petition to the Adoption Specialist with the Office of Vital Records and Statistics. You will be required to show government-issued picture ID.
  • That office will run the paternity search and provide you with a Certificate of Search for paternity. You must file that report with the court before the hearing. The Office of Vital Records and Statistics charges a fee for the report.

Utah Code 81-13-213

If the other parent has died file a photocopy of the death certificate or other evidence of death.

What happens next depends on your situation. Select the option below that applies to you.

Once all the necessary forms have been filed, the court may schedule the adoption hearing.

If everything is turned in but a hearing has not been scheduled yet you can file this form with the court to ask for a hearing:

  • 1003AD - Request for Hearing on Petition to Adopt an Adult  

Any person entitled to notice of the proceedings can ask to be part of the case by filing a motion to intervene. They can try to oppose the adoption. 

If a person does not file a motion to intervene within 30 days after being served with Notice of Petition to Adopt and Notice of Rights, the person has defaulted. This means that the case can proceed to a hearing as if the person had agreed to the adoption and waived their rights. However, you have to first follow the procedures for asking for a default judgment. For more information, please see the Default Judgments page.

You can file these forms: (these are general forms you will need to adapt to fit an adoption case)

Only file the order if the person is in the military or there status is unknown. Do not file this is you know the person is not in the military.

Once all the necessary forms have been filed, the court may schedule the adoption hearing.

If everything is turned in but a hearing has not been scheduled yet you can file this form with the court to ask for a hearing:

  • 1003AD - Request for Hearing on Petition to Adopt an Adult  

A person served wtih the Notice of Petition to Adopt and Notice of Rights can ask to be part of the case by filing a motion to intervene within 30 days of when they are served. They can try to oppose the adoption. 

What happens if a person files a motion to intervene?

A person does not automatically have the right to join the case—they must ask the court for permission. If they file a motion to intervene you can file a written response (called a memorandum opposing the motion) explaining why the court should not allow it.

The judge will read the motion, the documents supporting it, and the documents opposing it. The judge might hold a hearing. After considering all of the evidence and legal arguments, the judge will grant or deny the motion.

Utah Rule of Civil Procedure 24, Utah Code 81-13-207, Utah Code 81-13-103 

What happens if the judge denies the motion to intervene?

If the judge denies the motion to intervene, the person has 30 days from the order in which to file a notice of appeal. For more information, please see our webpage on Appeals. If the person files a notice of appeal, they may also ask the district court or the Court of Appeals to stay the district court proceedings. If the request for a stay is granted, the district court proceedings must wait until the Court of Appeals rules on the appeal.

If the person does not Appeal or the Appeal is denied, the adoption hearing can go forward.

What happens if the judge grants the motion to intervene?

If the judge grants the motion to intervene, the person who intervenes is treated as a full party to the case. There will be a period of time for disclosure and discovery of information between the parties before the case goes to trial. Those procedures are beyond the scope of this webpage.

What happens at the trial?

If the judge grants a motion to intervene, the court will hold a trial at which the parties will present evidence about whether adoption is in the adoptee's best interest. If the person who intervenes is the adoptee's non-custodial parent, the parties will also present evidence about whether there are grounds to terminate the person's parental rights. 

Utah Code 81-13-215

What are the reasons to terminate a parent's rights?

Under Utah Code 81-13-205, the court may terminate a person's parental rights in a child if:

  • the person signs a voluntary consent to adoption or relinquishment for adoption under Utah law (For more information, see our webpage on Voluntary Relinquishment of Parental Rights.);
  • the person signs a voluntary irrevocable consent to adoption or relinquishment for adoption under the laws of another state or country;
  • the person is an unmarried biological father who is not entitled to consent to adoption or relinquishment for adoption;
  • the person received notice of the adoption and failed to file a motion to intervene within 30 days;
  • the person is not the parent of the child; or
  • the person's parental rights are terminated on grounds described in Title 80, Chapter 4, Termination and Restoration of Parental Rights.

The reasons for the last option are found in Utah Code 80-4-301. The district court may terminate a person's parental rights if:

  • the parent has abandoned the child;
  • the parent has neglected or abused the child;
  • the parent is unfit or incompetent; or
  • only token efforts have been made by the parent to support or communicate with the child; to prevent neglect of the child; to eliminate the risk of serious harm to the child; or to avoid being an unfit parent.

If there are grounds to terminate parental rights, the court will order that those rights terminated. If there are no grounds to terminate the person's parental rights, the court will deny the Petition to Adopt, conduct an evidentiary hearing to determine who should have custody of the child, and award custody of the child based on child's best interests. 

Utah Code 81-13-215

If all of the necessary documents are filed and all of the statutory requirements are met, the adopting parent, their spouse (the custodial parent), and the child being adopted appear before the judge. Others may attend the hearing unless the court orders otherwise. The judge might ask questions, but the hearing is not a trial. The adopting parent signs the Adoption Agreement. The judge signs the Adoption Decree.

Once the Adoption Decree is signed the judicial assistant will complete the certification section on the Report of Adoption form and send the form to the Office of Vital Records and Statistics.

If the adoptee was born in Utah, the Office of Vital Records and Statistics will provide to the child's parents information about how to obtain a new birth certificate.

If the adoptee was born in a state other than Utah, the Office of Vital Records and Statistics will send the Report of Adoption to the proper registration authority in the state of birth. To obtain a new birth certificate from another state, the parents should contact that registration authority.

The records in the case will be sealed 6 months after the Adoption Decree is signed. In some situations a party can request documents from the case later. But it is simpler to get any necessary certified copies during the 6-month period before the records are sealed.

See the Opening a Court Adoption Record page.

Certain people can get some identifying information from the Mutual-Consent Voluntary Adoption Registry. For more information, contact the Office of Vital Records and Statistics.

Certain people can get some health, genetic and social information from the Health Information Registry. For more information, contact the Office of Vital Records and Statistics.

How to respond to a petition to adopt a minor stepchild

If you are a person that must agree or get notice of the adoption, you can make the process easier by agreeing and waiving your rights. 

Pick the right option below. Read the form very carefully. Make sure you understand what it says. Only sign if you agree. The consequences are permanent. If you have any questions, talk with a lawyer. See the Finding Legal Help page.

 

Father (non-custodial parent)

  • 1010XX - Non-custodial Father's Consent to Adoption and Waiver of Rights

You can sign in front of a notary public. Give the signed form to the petitioners or file it with the court yourself.

Mother (non-custodial parent)

  • 1009XX - Birth Mother's Consent to Adoption and Waiver of Rights

You will sign this form in front of the judge at thearing or in front of someone appointed by the judge. 

Child (12 years old or older)

  • 1008XX - Adoptee's Consent to Adoption and Waiver of Rights

You will sign this form in front of the judge at thearing or in front of someone appointed by the judge. 

Guardian (with right to agree)

  • 1011XX - Guardian's Consent to Adoption and Waiver of Notice

Sign and give it to the petitioners or file it with the court yourself.

Guardian (without right to agree), Custodian, or Child's spouse

  • 1009AD - Waiver of Notice of Adoption by Adult Adoptee's Spouse  

Sign and give it to the petitioners or file it with the court yourself.

If you do not want your rights terminated you must file a Motion to Intervene within 30 days of when you were served. The motion asks the court to let you be a part of the case and make arguments to the judge. Find forms and more information on the motion to intervene in adoption page.

Adoption Records

An adoption hearing is generally open to the public. A party to the case may ask the court to limit who can attend. For more information, see Utah Code 81-13-103.

Adoption cases eventually are sealed, and, until they are sealed, they are classified as "private" records. This means that while the case is pending and for 6 months after the decree, the parties can see and copy the records, but the public cannot. Six months after the decree the paper records are physically sealed and the electronic records are specially classified to limit who can access the records without a court order. 

For more information, see the Opening a Court Adoption Record page and Utah Code 81-13-103.

 

Utah Mutual Consent Voluntary Adoption Registry

Certain people can get some identifying information from the Mutual-Consent Voluntary Adoption Registry. For more information, contact the Office of Vital Records and Statistics.

 

Health Information Registry

Certain people can get some health, genetic and social information from the Health Information Registry. For more information, contact the Office of Vital Records and Statistics.

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