Utah Parental Consent to Adoption
(Court-Ready Template – Prepared for Attorney Customization)
[// GUIDANCE: This template is drafted for use in the State of Utah (“UT”) only. Confirm all facts against the current Utah Adoption Act before filing. Remove all guidance comments prior to execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Voluntary and Informed Consent
3.2 Timing of Execution
3.3 Counseling Acknowledgment
3.4 Irrevocability; Limited Revocation Grounds
3.5 Permanent Placement & Injunctive Relief - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation (N/A)
- Dispute Resolution
- General Provisions
- Execution Block
- Notary Acknowledgment
1. DOCUMENT HEADER
UTAH PARENTAL CONSENT TO ADOPTION
Effective Date: [DATE]
This Parental Consent to Adoption (this “Consent”) is executed by [FULL LEGAL NAME OF CONSENTING PARENT] (“Consenting Parent”) in favor of [FULL LEGAL NAME(S) OF PROSPECTIVE ADOPTIVE PARENT(S)] (“Adoptive Parent(s)”) with respect to the minor child identified below (the “Child”).
Recitals
A. The Child was born on [CHILD’S DATE OF BIRTH] in [CITY], Utah.
B. Consenting Parent is the [✔︎ birth mother ☐ birth father ☐ legal guardian] of the Child and possesses full legal authority to consent to the Child’s adoption under Utah law.
C. Adoptive Parent(s) desire to adopt the Child through proceedings to be filed in the District Court, [COUNTY] County, State of Utah, sitting as the juvenile adoption court (the “Family Court”).
D. Consenting Parent desires to provide the voluntary, informed, and irrevocable consent required to permit the adoption to proceed.
NOW, THEREFORE, Consenting Parent hereby states, represents, and agrees as follows:
2. DEFINITIONS
For purposes of this Consent, the following capitalized terms shall have the meanings set forth below:
“Adoption Proceeding” means the action filed in the Family Court seeking a final decree of adoption of the Child by the Adoptive Parent(s).
“Child” has the meaning provided in the Document Header.
“Family Court” has the meaning provided in Recital C.
“Revocation Grounds” has the meaning given in Section 3.4.
“Utah Adoption Act” means Title 78B, Chapter 6 of the Utah Code Annotated, as amended from time to time.
[// GUIDANCE: Add, delete, or modify defined terms to align with the factual record.]
3. OPERATIVE PROVISIONS
3.1 Voluntary and Informed Consent
Consenting Parent hereby freely, knowingly, and voluntarily gives unconditional consent to the permanent adoption of the Child by the Adoptive Parent(s), waiving all parental rights, privileges, and obligations with respect to the Child, except as expressly reserved in this Consent or required by law.
3.2 Timing of Execution
Consistent with the Utah Adoption Act:
a. For a birth mother, this Consent is executed no earlier than twenty-four (24) hours after the Child’s live birth.
b. For a birth father or other legal guardian, this Consent may be executed at any time after the Child’s birth.
[// GUIDANCE: Verify statutory timing requirements—birth mothers must wait at least 24 hours; other parents/guardians may consent immediately after birth.]
3.3 Counseling Acknowledgment
a. Consenting Parent acknowledges that Utah law requires that the birth parent be offered at least three (3) counseling sessions by:
i. A licensed child-placing agency;
ii. A licensed clinical social worker; or
iii. Another qualified licensed mental-health professional.
b. Consenting Parent hereby:
☐ certifies completion of counseling on [DATE(S)]; or
☐ knowingly waives the offered counseling services.
[// GUIDANCE: Attach a counseling certificate or waiver as Schedule A, if required by the court.]
3.4 Irrevocability; Limited Revocation Grounds
a. Under Utah law, this Consent becomes final, binding, and irrevocable upon execution and acceptance by the court.
b. Revocation is permitted only on the limited grounds of:
i. Fraud;
ii. Duress; or
iii. Material misrepresentation.
(Collectively, the “Revocation Grounds”).
c. To seek revocation, Consenting Parent must file a verified motion in the Family Court within six (6) months after the Effective Date or prior to issuance of the final decree of adoption, whichever occurs first.
3.5 Permanent Placement & Injunctive Relief
Consenting Parent stipulates that permanence is in the Child’s best interest and agrees that the Family Court has full authority to enter orders necessary to enforce this Consent and prevent interference with the Child’s placement, including temporary and permanent injunctive relief.
4. REPRESENTATIONS & WARRANTIES
Consenting Parent represents and warrants to Adoptive Parent(s) and the Family Court that:
4.1 Legal Authority. Consenting Parent possesses sole and exclusive legal authority to execute this Consent.
4.2 No Conflicting Orders. No court has entered an order that would conflict with or bar the execution of this Consent.
4.3 No Duress. This Consent is executed without coercion, duress, or undue influence.
4.4 Full Disclosure. Consenting Parent has disclosed to Adoptive Parent(s) all known material medical, social, and genetic history of the Child to the best of Consenting Parent’s knowledge.
4.5 No Outstanding Expenses. All pregnancy-related expenses paid on behalf of Consenting Parent comply with Utah law, and no undisclosed payments or promises of value have been made to Consenting Parent in exchange for this Consent.
4.6 Survival. All representations and warranties survive execution and delivery of this Consent and the issuance of a final decree of adoption.
5. COVENANTS & RESTRICTIONS
5.1 Further Assurances. Consenting Parent shall execute and deliver all additional documents reasonably requested to effectuate the Adoption Proceeding.
5.2 No Interference. Consenting Parent shall not interfere with, contest, or delay the Adoption Proceeding, except as permitted under Section 3.4.
5.3 Confidentiality. Consenting Parent shall keep confidential the identity and personal information of the Adoptive Parent(s) unless otherwise ordered by the Family Court or agreed in writing.
6. DEFAULT & REMEDIES
6.1 Event of Default. A breach of any covenant, representation, or warranty by Consenting Parent constitutes an Event of Default.
6.2 Remedies. Upon an Event of Default, Adoptive Parent(s) may seek:
a. Specific performance of this Consent;
b. Injunctive relief preventing violation of placement orders; and
c. Recovery of reasonable attorney fees and costs incurred in enforcing this Consent.
[// GUIDANCE: Utah courts retain broad equitable powers in adoption matters; include fee-shifting language only if consistent with local practice.]
7. RISK ALLOCATION
[NOT APPLICABLE – No indemnification or liability caps apply to this Consent.]
8. DISPUTE RESOLUTION
8.1 Governing Law. This Consent is governed by the laws of the State of Utah, including the Utah Adoption Act, without regard to conflict-of-laws principles.
8.2 Forum Selection. The parties submit exclusively to the jurisdiction of the Family Court for all matters arising out of or relating to this Consent.
8.3 Arbitration. Arbitration is not available for disputes concerning the validity or enforcement of an adoption consent under Utah law.
8.4 Jury Waiver. Proceedings in the Family Court are non-jury under Utah procedural rules.
8.5 Injunctive Relief. Nothing herein limits the Family Court’s authority to grant temporary or permanent injunctive relief to ensure the Child’s best interests and placement stability.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Consent, together with any schedules hereto, comprises the entire agreement between the parties concerning the subject matter hereof.
9.2 Amendment; Waiver. Any amendment or waiver must be in a signed writing and approved by the Family Court.
9.3 Severability. If any provision is held invalid under applicable law, such invalidity shall not affect the remaining provisions, which shall be construed to effectuate the parties’ intent.
9.4 Assignment. This Consent is personal to the parties and may not be assigned.
9.5 Counterparts; Electronic Signatures. This Consent may be executed in counterparts, each of which is deemed an original. Electronic signatures have the same force and effect as originals to the fullest extent permitted by Utah law.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned has executed this Consent as of the Effective Date first written above.
CONSENTING PARENT:
[PRINT NAME], Consenting Parent
Date of Signature: ____
[// GUIDANCE: If the Consenting Parent is a minor, add court-approved guardian ad litem countersignature.]
ADOPTIVE PARENT(S):
(This acknowledgment is optional but often included for record clarity.)
[PRINT NAME], Adoptive Parent
[PRINT NAME], Adoptive Parent
Date of Acknowledgment: ___
11. NOTARY ACKNOWLEDGMENT
State of Utah )
) ss.
County of [__] )
On this ____ day of [MONTH], 20__, before me, [NAME OF NOTARY], a Notary Public in and for said state, personally appeared [NAME OF CONSENTING PARENT], proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained.
Witness my hand and official seal.
Notary Public
My Commission Expires: _____
[Seal]
Schedule A – Counseling Certificate or Waiver
[Attach counseling provider’s signed certificate or parent’s written waiver here.]
[// GUIDANCE: 1) Review local court rules for any additional mandatory advisories. 2) Verify the notarial block format meets current Utah statutory requirements.]