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Utah Relinquishment, Consent, Revocation laws

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Relinquishment - Consent - Time to Revoke

Utah



Who Must Consent:


  • Both parents or surviving parent of child born in wedlock
  • The mother.
  • Any biological father who has established paternity.
  • The child placing agency to which the child has been relinquished.
  • A minor parent has the power to consent.

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Consent of Adoptee:

A child 12 years or older must consent to the adoption, unless he does not have the capacity to consent.

When Parental Consent is Not Needed:


  • The parent's rights have been terminated by a court.
  • The child was conceived as a result of any sexual offense.



When Relinquishment Can Be Signed:

Birth mother may not execute consent until at least 24 hours after child's birth.

How Relinquishment Must Be Signed:

Consent must be signed before a judge or authorized official of a child-placing agency so long as signature is notarized or witnessed by 2 witnesses who are not members of the birth mother's immediate family.

Time for Revocation:

  • Consent is effective when signed and cannot be revoked.
  • Case law suggests that consent may be revoked if induced by duress, undue influence, deception or other grounds that would justify release from a contract.

Adapted from materials prepared by the National Adoption Information Clearinghouse..gov">National Adoption Information Clearinghouse.

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