Utah Adoption Law - Best
Interest of the Child

Whether
the adoption involves a
step-parent,
a single parent, or a traditional adoption, Utah
adoption law requires that the court hearing the adoption petiton
consider the best interest of the child (adoptee). Utah Code
78B-6-102 requires that the child's best interest "shall govern and be
of foremost concern in the court's determination." In determining the
best interest of the child, the court
is requred to make specific findings of fact, based on information
available to the court on issues of the "health, safety, and
welfare" of the child as well as
the "moral climate of the prospective adoptive placement."
In uncontested adoptions, a determination of what is in the best
interest of the child may be mostly a formality. But in cases
(though they are somewhat rare) where multiple parties have petitioned
to adopt the same child (often relatives from two different sides of
the family), the question of what is in the child's best interest may
be hotly contested.
In general, the court hearing the adoption case has broad discretion in
determining the "
best
interest"
of the child. But the Utah Legislature
has weighed in directly on the issue of cohabitation by a
prospective adoptive parent. The legislature has made special
"legislative findings" which essentially override the court's
discretion, determining that it is "not in a child's best
interest to be adopted by a person or persons who are
cohabiting
in a relationship that is not a legally valid and binding marriage
[under Utah law]." While there are other rules relating to
adoptions
by a single person, the cohabiting rule is the only outright
prohibition. Absent a successful constitutional challenge or a change in the statute, this legislative prohibition is binding on the courts.
Finding a Utah Adoption Attorney
We are pleased to offer
adoption-related
legal services to clients in Davis, Weber, and Salt Lake
counties, and throughout Utah.
Contact
us now to
see how the right adoption attorney can help you.
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