Stepparent adoption in Utah is a big step that can bring families closer, but many myths and misunderstandings can cause confusion or stress. If you’re a stepparent hoping to make your parent-child bond legal, understanding what’s actually required under Utah law—and skipping the rumors—will save you headaches down the road.
Whether you’re in Salt Lake, Weber, or Washington County, debunking common myths is key. Let’s separate fiction from fact, explain how the process really works in Utah, and clear up what you’ll need to do (and avoid) if you want your adoption to succeed.
Myth #1: “Stepparent adoptions are always quick and easy in Utah”
Fact: While many stepparent adoptions do move more quickly than other types, there are still important steps required by Utah Code Ann. § 78B-6-117. The court generally requires:
- A petition with all proper legal forms and consents (including from the child’s other parent, unless parental rights are terminated);
- Background check of the adopting stepparent;
- Satisfying home study requirements, unless waived by the judge; and
- A court hearing to finalize the adoption.
Utahns should know: Even if everyone agrees, county courts may have local requirements—for example, some require in-person hearings while others allow virtual appearances.
Utah attorneys often get questions about the nuts and bolts of stepparent adoption. Here’s a helpful Q&A session from a Utah adoption lawyer:
Watch directly on YouTube — embedding disabled by owner.
This video explains the adoption process in plain terms, with a focus on Utah’s unique requirements.
Myth #2: “As long as the biological parent is absent, their rights are automatically terminated”
Fact: Parental rights termination is a separate legal process. According to Utah Code Ann. § 78A-6-507, abandonment can be grounds—but a judge must find clear evidence and follow required legal steps. Even if a parent hasn’t seen the child in years, official notice and a hearing are required before their rights can be terminated. Stepparent adoption can’t proceed unless the other biological parent consents or a judge formally terminates their rights.
Many Utah families wonder about the rights of the absent parent and what counts as ‘abandonment.’ Watch this Utah-based guide for details on legal standards and timelines:
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This attorney video discusses how courts handle termination of parental rights when a parent is absent or unresponsive in Utah.
Myth #3: “Stepparent adoption is only possible for minor children”
Fact: In Utah, both minor and adult stepchildren can be adopted by a stepparent. For adult adoption, parental consents aren’t needed if the adoptee is 18 or older and able to consent themselves (
Utah Code Ann. § 78B-6-117). This is especially helpful for blended families looking to formalize adult relationships.
Here’s a Utah attorney explaining the process and differences between adopting minors and adults:
Watch directly on YouTube — embedding disabled by owner.
This Utah lawyer outlines requirements and what families should prepare for adult and minor stepparent adoptions.
How Does the Stepparent Adoption Process Work in Utah?
No matter where you live in Utah, the basic steps involve:
- Filing a Petition: Submit a completed adoption petition—Utah’s online court forms are available through the Utah Courts website.
- Consent: The non-custodial parent must sign a consent or you must go through a parental rights termination process.
- Background Check: The stepparent must pass a background check; this is required in all counties.
- Home Study: In many cases, the home study may be waived, but this is up to the judge (especially in Salt Lake and Utah Counties).
- Court Hearing: The judge reviews the paperwork and may interview the family at the final hearing.
- Final Decree: Once finalized, the adopted child receives a new birth certificate with the stepparent listed as a legal parent.
Utah Example: Salt Lake County
Salt Lake County requires adoption petitions and documents to be filed electronically. If the child is 12 or older, their written consent is also needed. The judge may grant a home study waiver if everyone supports the adoption.
Utah’s diverse families—including LGBTQ+ parents—are increasingly using the stepparent adoption process to secure legal rights. Here’s a look at how local families are building legal bonds:
This Utah family lawyer explains how the process helps LGBTQ+ families and blended households become whole in the eyes of Utah law.
Common Pitfalls Utahns Should Avoid
- Submitting incomplete paperwork or failing to file in the proper county court.
- Missing deadlines for required consents, which can delay or derail the adoption.
- Assuming the absent parent’s rights are “automatically” terminated without a court order—notice and a formal hearing are always required.
- Overlooking the requirement for the child’s consent if they’re 12 or older.
- Not requesting a waiver for the home study when qualified (saving time and cost).
The Final Word
Stepparent adoption in Utah can be a straightforward but important legal process. The key is separating myth from fact, following all court requirements, and proactively addressing consents and paperwork. Whether your family is just starting the journey or finalizing paperwork, make sure you understand local rules—and don’t be afraid to ask for help from a Utah attorney familiar with adoption law.
Utah Law Explained offers clear, up-to-date information—but this article is not a substitute for legal advice. For personalized guidance, reach out to a licensed attorney. For more plain-English Utah legal explainers, visit Utah Law Explained or see our About Us page.