Frequently Asked Questions

• Q: What is the difference between guardianship and adoption?
  
  A: Guardianship is the court's declaration of parental rights and responsibilities without terminating the birth parents' rights and without establishing a parent child relationship with the guardian. Adoption is the termination of parental rights with the full substitution of a new parent, or parents, with all rights, including inheritance. Adoption usually includes a name change to the family name. The birth parents can later petition the court to undo a guardianship, but an adoption is final and permanent.
• Q: Do I need to provide notice to or obtain consent of the natural parents?
  
  A: Notice to or consent of the biological mother is almost always required. Notice to or consent of the biological father is preferred, but it is not always required depending on the particular circumstances of your case.
• Q: When can I terminate parental rights?
  
  A: Parental rights can be terminated for severe abuse, neglect or abandonment. Generally the courts set a very high standard for termination of parental rights and will not terminate rights if the relationship is likely salvageable.
• Q: Where can I find a child to adopt?
  
  A: Adoption agencies place the majority of children; however, clergy, doctors, and family and friends from time to time know of an unwanted pregnancy or a child available for adoption. Let everyone know you are looking for a baby to adopt.
• Q: What is an open adoption?
  
  A: An open adoption generally means that the birth parent(s) retain some rights- such as periodic contact with the child, progress letters and photos.
• Q: What is a private adoption?
  
  A: A private adoption generally means any adoption not facilitated through an adoption agency or through government placement.
• Q: Can I adopt my grandchildren?
  
  A: It is fairly common to adopt one's grandchildren if the biological parents are unable or unwilling to provide adequate care.
• Q: Can an adult be adopted?
  
  A: In Utah an adult may be adopted. This occurs most frequently when a person who was adopted by a step-parent, upon reaching adulthood, has reconnected with the natural parent and wants to undo the step parent adoption.
• Q: What is re-adoption?
  
  A: Re-adoption is a term applied to an adoption in the USA to ratify and document an adoption that took place in a foreign country.
• Q: When is a home study required?
  
  A: A home study is required whenever the child is placed by the juvenile court. A home study is also required if the person adopting is not closely related to the adoptee or is not the step-parent of the adoptee.
• Q: What is required in a background check?
  
  A: Whenever a full home study is not required a background check consisting of reports from the Utah Bureau of Criminal Identification and from the Utah Division of Child and Family Services is usually required.
• Q: What is surrogacy?
  
  A: Surrogacy is contracting with a woman to bear a child then give up the child for adoption. In Utah, surrogacy contracts must be approved by the court before the child is born. An adoption is then not necessary.
• Q: What is an adoption contract?
  
  A: An adoption contract is a pre-birth contract wherein the birth mother promises to give up the baby and the adoptive parents promise to pay expenses. The contract is not enforceable by taking the baby, but may be enforced by requiring the birth mother to reimburse for expenses incurred by the adopting parents in reliance on her promise to give up the baby.
• Q: When can birth parents consent to adoption?
  
  A: Birth parents may not consent until the child is 24 hours old.
• Q: Can a birth parent revoke consent to adoption?
  
  A: In Utah a birth parent cannot revoke a validly given consent.
• Q: What are grandparents rights?
  
  A: In Utah it is presumed that parents decide who has a relationship with their children. Under some narrow circumstances it is possible for grandparents to rebut that presumption, go to court, and establish visitation rights.

Call the Law Office of Stephen J. Buhler at (801) 964-6901 or contact us at sjblawyer@aol.com.

 

Although the information provided on this website is of a legal nature, it does not constitute legal advice. The legal advice that you need depends on your particular facts and circumstances. You should contact a lawyer to discuss your particular circumstances and legal needs.