Stepparent Adoption in Utah

Reviewed by DocDraft Legal Team - Utah - Last updated October 6, 2026

Utah moved its adoption law into Title 81, Chapter 13 of the Utah Code on September 1, 2025, so older guides citing Title 78B, Chapter 6 are out of date. A stepparent files in the district court where the stepparent lives, using the Utah State Courts' Verified Petition to Adopt a Minor Stepchild with the custodial parent as co-petitioner. The other parent must consent under Utah Code 81-13-212 unless a court terminates that parent's rights under 81-13-205(5): for example after the parent is served notice under 81-13-207 and fails to file a motion for relief within 30 days after service, or on grounds in Title 80, Chapter 4, such as abandonment, when termination is in the child's best interests. Consent may also be implied by acts listed in 81-13-212(7)(b), such as knowingly leaving the child with another person for 180 consecutive days without providing for support, communicating, or otherwise maintaining a substantial relationship with the child. A child 12 years old or older must also consent unless the child lacks the mental capacity to do so, and the decree waits until the child has lived with the stepparent for 180 days unless the court finds good cause.

Utah's Title 81 rules, the district court, and the stepchild petition

Since September 1, 2025, Utah adoptions are governed by Title 81, Chapter 13 of the Utah Code, which replaced the old Title 78B, Chapter 6 sections. Utah Code 81-13-203(2)(a) lets adults who are legally married to each other adopt, "including adoption by a stepparent," and the adopting adult or the spouse must be at least 10 years older than the child. You file in the district court in the judicial district where you live (81-13-102), on the Utah State Courts' Verified Petition to Adopt a Minor Stepchild, signed by you and your spouse as co-petitioners. The other parent is one of the people whose consent 81-13-212(1) requires, and that consent is not required if the parent's rights have been terminated by a court (81-13-212(2)). 81-13-212(7)(b) also provides that consent may be implied by listed acts, including knowingly leaving the child with another person for 180 consecutive days without providing for support, communicating, or otherwise maintaining a substantial relationship with the child, or receiving notice of the adoption under 81-13-207 or of a termination proceeding under 81-13-205 and failing to respond as required; implied consent may not be withdrawn (81-13-212(7)(d)). Separately, 81-13-205 lets a petition to terminate parental rights be joined with the adoption, and under 81-13-205(5) the court may terminate if the parent signs a valid consent, if the parent received notice of the adoption under 81-13-207 and failed to file a motion for relief within 30 days after service, or if the parent's rights are terminated on grounds described in Title 80, Chapter 4, such as abandonment, neglect, unfitness, or only token efforts to support or communicate with the child, and termination is in the best interests of the child. If the parent refuses consent and no proper grounds exist, 81-13-215(2) requires the court to dismiss the petition and decide custody. A preplacement home study is not required when a birth parent has legal custody and the adopter is a stepparent, unless the court requests one (81-13-403(1)(c)), though background and child abuse reports are still filed. A child 12 years old or older must consent unless lacking mental capacity (81-13-212(1)(a)), and under 81-13-219(2) the decree waits until the child has lived in your home for 180 days, unless the court finds good cause to enter it earlier.

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