Skip to content

How to Adopt an Adult in Utah

Reviewed by DocDraft Legal Team · Utah · Last updated November 13, 2026

Utah lets one grown person become the permanent legal parent of another through a short district court case, and the parents that adult was born to usually hear about it only afterward, through a notice the adopted adult serves once the decree is signed. In plain terms, adult adoption creates a lasting parent and child relationship between two people who are both already adults, with the family and legal consequences that follow. Since September 1, 2025 the rules sit in Utah Code Title 81, Chapter 13, Part 3. Any adult may adopt another adult, with no list of qualifying relationships. The firm limit is age: the person adopting must be at least 10 years older, and when a married couple adopts together, only one of them has to clear that gap. Consent comes from the adult being adopted, from each person adopting, from the spouse of a married petitioner, and from any guardian or custodian. The adopted adult's own spouse does not consent but must receive notice or sign a written waiver. Notice goes out at least 30 days before the adoption is finalized. Utah sets no residency period, and a petitioner living elsewhere may file where the adoptee was born or lives. Court guidance also says the adoptee must be a U.S. citizen or lawfully in the United States. The decree can give the adoptee the family surname, but a new first name needs a separate case. Adopting someone 65 or older, or an adult whose impairment limits self care, brings placement evaluations unless the court waives them. Attorney review of your documents is available through DocDraft.

Find out where you stand in Utah

DocDraft provides document preparation, not legal advice.

Who can adopt an adult in Utah?

Any adult may adopt another adult in Utah, with no required family tie (Utah Code 81-13-302(1)). The person adopting must be at least 10 years older than the adoptee, and when a married couple adopts together, at least one spouse must be 10 years older (81-13-302(3)).

Whose consent does a Utah adult adoption need?

Four consents are listed in Utah Code 81-13-304(1): the adult being adopted, each person adopting, the spouse of a married petitioner, and any legally appointed guardian or custodian of the adoptee. The adoptee's own spouse is not on that list and receives notice instead.

Do birth parents have to be told about an adult adoption in Utah?

Not before the decree. Birth parents neither consent nor receive notice of the case. After the decree is entered, the adopted adult must serve notice of the finalization on each prior legal parent and file proof of service, unless the court waives it for good cause (81-13-303(5), (6)).

Where is an adult adoption filed in Utah?

In district court, in the judicial district where the petitioner lives. A petitioner who does not live in Utah files where the adoptee was born or lives (81-13-102(1)). If an open juvenile court case still has jurisdiction over the adult, the petition goes to that juvenile court.

Utah adult adoption at a glance

Adult adoption in Utah is a court decree that makes one adult the legal parent of another, so the adoptee is regarded and treated in all respects as the adoptive parent's child (81-13-305(2)). Eligibility is open to any adult, limited by a 10 year age gap that a married couple meets if either spouse clears it. What stands out is the order of notice. The adoptee's spouse, the petitioner's spouse and any guardian are told before the decree, at least 30 days ahead, while birth parents learn only afterward, from a notice the adopted adult serves. A birth parent married to the adopting stepparent keeps full parental rights. There is no residency period. Utah publishes statewide court forms, including separate petitions for one petitioner and for a married couple.

A Provo couple where only one spouse clears the age gap

Ana, 52, and her husband Tomas, 46, want to adopt Lucia, 38, who lived with them through high school after her parents' divorce. Tomas is only eight years older than Lucia, which would stop him adopting alone, but because they petition jointly as a married couple and Ana is fourteen years older, Utah Code 81-13-302(3)(b) is satisfied. They file the joint petition in the district court for Utah County, where they live. Lucia is married, so her husband signs a waiver of notice rather than a consent. At the hearing all three sign in front of the judge. Lucia takes the family surname in the decree, but her wish to change her first name to Lucy needs a separate name change case. Afterward Lucia serves the finalization notice on her birth father.

Relevant Laws

Utah Code 81-13-302 (who may adopt an adult)

Allows an adult to adopt another adult, requires the adopter to be at least 10 years older or, for a married couple, one spouse to be, addresses a lawfully separated spouse, and applies placement requirements to a vulnerable adult adoptee unless waived for good cause.

Utah Code 81-13-303 (notice of adoption of an adult)

Lists who must be served, sets the 30 day lead time before finalization, allows written waivers, governs service on the adoptee's spouse, and requires the adopted adult to notify prior legal parents after the decree unless the court waives it.

Utah Code 81-13-304 (necessary consent)

Requires consent from the adult adoptee, each person adopting, a married adopter's spouse, and any guardian or custodian, and sets who may take the adoptee's consent, including when it is signed out of state.

Utah Code 81-13-305 and 81-13-306 (decree and effect)

Requires the parties to appear and sign a consent and agreement, lets the adoptee take the family name, and treats the adoptee in all respects as the adopter's child. Section 306 sets when a pre-existing parent is released or kept.

Utah Code 81-13-102 (venue)

Sends the case to the judicial district where the adopter lives, or for an adopter living outside Utah, where the adoptee was born or lives on the filing date, and routes juvenile court cases under Title 78A.

Regional Variances

Utah adult adoption rules at a glance

Who may be adopted

Any adult, meaning an individual 18 or older (81-13-101(7), 81-13-302(1)). No list of qualifying relationships. Court guidance adds that the adoptee must be a U.S. citizen or lawfully in the United States.

Age gap

The adopter must be at least 10 years older than the adoptee. For a married couple adopting together, at least one spouse must be 10 years older (81-13-302(3)).

Consent of the person being adopted

Required, signed before the court or a person the court appoints, with separate rules when signed out of state (81-13-304(1)(a), (2), (3)). The adoptee also signs before the judge at the hearing.

Consent of the adopter's spouse

Required if the adopter is married (81-13-304(1)(c)). Joining as co-petitioner is optional, through the joint petition for married co-petitioners.

Adoptee's spouse

Notice only, not consent (81-13-303(1)(a)(iv)). The spouse may waive notice in writing, or be served by certified mail, or by publication or posting on court order after two failed attempts.

Birth parents

No consent and no notice before the decree. Afterward the adopted adult serves notice of finalization on each prior legal parent unless the court waives it for good cause (81-13-303(5), (6)).

Guardian or custodian

Any legally appointed guardian or custodian of the adoptee must consent and receive notice (81-13-304(1)(d), 81-13-303(1)(a)(iii)).

Court and venue

District court where the petitioner lives; for a petitioner outside Utah, where the adoptee was born or lives. Juvenile court when an open case there still has jurisdiction over the adult (81-13-102(1)).

Residency

No residency period. A petitioner who does not live in Utah may still file (81-13-102(1)(b)).

Notice timing

At least 30 days before the adoption is finalized, with proof of service filed before finalization; any person entitled to notice may waive it in writing (81-13-303(1), (3)).

Filing fee

A filing fee applies and may be waived on request. Confirm the current amount with the district court clerk.

Home study

Not required for most adult adoptees. For a vulnerable adult, meaning 65 or older or substantially impaired, placement evaluations apply unless the court waives them for good cause (81-13-302(4)).

Name change

The adoptee may take the adoptive family's surname in the decree (81-13-305(4)). A first or middle name change needs a separate adult name change case.

Effect on parents

The adoptee is treated in all respects as the adopter's child (81-13-305(2)). A prior parent married to the adopter keeps parental rights; others are released, subject to a court exception in 81-13-306(4). Back child support survives.

Forms

Statewide court forms exist, including a verified petition for one petitioner, a joint petition for married co-petitioners, an adoptee consent, a spouse waiver, findings, a decree and a notice of adult adoption.

Suggested Compliance Checklist

Confirm the age gap and the adoptee's status

Before drafting days after starting

Check that the adopter, or one spouse of a married couple, is at least 10 years older (81-13-302(3)), and whether the adoptee is 65 or older or substantially impaired, which brings placement evaluations unless waived (81-13-302(4)).

Pick the petition and the district

Before filing days after starting

Decide between the one petitioner form and the joint petition for married co-petitioners, then identify the district court where you live, or where the adoptee was born or lives if you live outside Utah (81-13-102(1)).

Draft the verified petition

Before filing days after starting

Prepare the verified petition with the adoptee's names, birth details, the age gap, spouse status, any surname change and any request to waive post decree notice to birth parents. Attorney review of the petition is available through DocDraft.

Prepare consents and waivers

Before the hearing days after starting

Gather the consent of the adoptee, each petitioner, a married petitioner's non adopting spouse and any guardian or custodian (81-13-304(1)), plus a written waiver of notice from the adoptee's spouse if they will not be served.

File and serve notice

At least 30 days before finalization days after starting

File with the district court, ask the clerk for the fee or a fee waiver, and serve everyone entitled to notice who has not waived it at least 30 days before finalization, filing proof of service (81-13-303(1), (3)).

Serve the post decree notice

After the decree days after starting

Unless the court waived it, the adopted adult serves notice of the finalization on each prior legal parent and files proof of service with the court (81-13-303(5)). Keep a certified copy of the decree for third parties.

Frequently Asked Questions

Questions are loading.

Other Utah guides

Adult Guardianship in Utah

Adverse Possession in Utah: Seven Years, Irrigation Works and a Tax Requirement

Asset Protection Planning in Utah (2026)

Dealing With Debt Collectors in Utah (2026)

Delinquent Property Taxes in Utah: Four Years, Then a May or June Auction That Can Take Part of the Lot

Expunging a Criminal Record in Utah (2026)

Ready to Draft Your Document?

Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.

Get Started