Checklist for Adopting a Minor Stepchild

This checklist is to be used in adopting a Minor Stepchild in the State of Utah.Download

Extracted Text for Proper Search

Checklist for 	Adopting a Minor Stepchild	 	Rev. May	 201	7 	Page 	1 	
Checklist for	 Adopting a Minor 	Stepchild	 	
 
 
 
 
 
 
 
 
 
(1)	 Coversheet	 	
 	Print your name and address and those of the other parties and lawyers 	(if known	). 	
 	You are not claiming damages, so leave that line blank or print “none.” A jury trial is 
not permitted in this t	ype of case, so check “no.” 	 	
 	On page 2, check the box 	next to “	Adoption/Foreign Adoption	.” T	his determines 	
your filing fee.	 	
(2)	 Petition to Adopt a Minor Stepchild	 	
 	Print	 your name and contact information at the top of the first page. Check whether 	
you are the 	Petitioner	 or the attorney for the 	Petitioner	. (Our forms presume the 	
adopting parent and the child’s custodial legal parent are co	-petitioners.)	 	
 	Print the judicial district	 number, the county name and the court	 address in the 	
blank lines. 	 	
 	Print the adopt	ee’s name in the space provided. The clerk will assign a case 	
number and judge	 when you file your documents with the court	. 	
 	Paragraph (1):	 Print the adopting parent’s name and the adoptee’s name in the 	
space provided.	 	
 	Parag	raph (3	): Choose the box or boxes	 that are true.	 	
 	Paragraph (4): Explain why a	doption serves the adoptee’s health, safety, welfare 	
and moral climate and will promote the adoptee’s best interests	. 	
 	Paragraphs (7) and (8): 	Choose the box or boxes that are true.	 	
 	Paragraph (9): If the adoptee h	as lived in the adopting parent’s home for less than 	
one year explain why the court should waive the one	-year requirement.	 	
 	You must complete a form before you file it. These instructions will 
help you complete the forms.	 	
 	Court staff cannot complete a form for you.	 	
 	Attach a copy of any document referred to in the form.	 	
 	Keep a copy of all documents for your records	. 	
 	Attend 	all court hearings.	 	
 	Some forms may not apply in your case.	 	
 	Contact the Self	-Help Center if you need more help: 	
http://www.utcourts.gov/selfhelp/contact/	.  	


Checklist for 	Adopting a Minor Stepchild	 	Rev. May	 201	7 	Page 	2 	
 	Paragraph (1	1): Choose the box that 	is 	true.	 	
 	Paragraph (13): This statement must be true. If it is not, you cannot use these 
forms and should consult an attorney.	 	
 	Paragraphs (1	4) and (1	5): Attach the reports.	 	
 	Paragraphs (1	6) – (1	8): 	These three people	 must consent to the adoption and 	
waive their rights or they must be served with notice of the adoption. For each, 
choose the box that is true.	 	
 	Paragraph (1	9): The adoptee’s guardian, if there is one, has the right to consent 	
only if that authority is expr	essly stated in the order appointing the guardian. Even 	
if the guardian does not have the right to consent, they still have the right to notice 
of the adoption. 	Choose the box that is true.	 	
 	Paragraphs (	20	) and (2	1): These people do not have the right to co	nsent, but they 	
still have the right to notice of the adoption. Choose the box that is true.	 	
 	Paragraph (2	2): Check all of the boxes and print the adopting parent’s name in the 	
space provided. In the last line, print the adoptee’s name as it will be after t	he 	
adoption.	 	
 	Spousal consent to adopt. Section 78B	-6-114 requires that the spouse of the 	
adopting 	step	parent consent to the adoption. The adopting 	step	parent’s spouse 	
should read and understand the section following the signature of the co	-	
petitioners. Aft	er reading and understanding what s/he is consenting to, the 	
adopting 	step	parent’s spouse should sign the consent.	 	
 	Attach 	any	 required documents and forms.	 	
 	Date and sign the form.	 	
 	File the original 	form with the 	court	. 	
(3)	 Consent to	 Adoption and Waiver of Rights	 	
The 	Consent to Adoption and Waiver of 	Rights forms 	are different 	for	: 	
 	 the adoptee	 (signed and witnessed by a judge or person(s) designated by a 	
judge)	, 	
 	the adoptee’s birth mother	 (signed and witnessed by a judge or person(s)	 	
designated by a judge)	, 	
 	the adoptee’s non	-custodial 	father	 (signed under oath or affirmation before a 	
notary public)	, and	 	
 	the adoptee’s guardian	 (signed under declaration of perjury)	. 	
Be sure to give each person the correct form. Also, there is a differen	t Waiver of Rights 	
form for a person who has only the right to notice and the right to intervene, but not the 
right to consent. See Section (4).

Checklist for 	Adopting a Minor Stepchild	 	Rev. May	 201	7 	Page 	3 	
If a person who must consent is in agreement and cooperating, simply give them the 
correct form to sign. They s	hould return the signed document to you to file with the 	
adoption petition.	 	
If someone is not willing to consent, they must be served with 	Notice of Petition to Adopt 	
and Notice of Rights	. See our checklist and forms for serving notice.	 	
 	Print	 your name and	 contact information at the top of the first page. Check whether 	
you are the 	Petitioner	 or the attorney for the 	Petitioner.	 	
 	Print the judicial district	 number, the county name and the court	 address in the 	
blank lines. 	 	
 	Complete the heading exactly as it ap	pears in the 	Petition	. 	
 	Give the form to the person who is consenting to sign and return to you.	 	
(4)	 Waiver of Rights	 	
The 	Waiver of 	Rights form should be served on the adoptee’s guardian who does not 	
have the right to consent, the adoptee’s custodian, and the a	doptee’s spouse. 	 	
If a person who must waive their rights is in agreement and cooperating, simply give 
them the correct form to sign. They should return the signed document to you to file with 
the adoption petition.	 	
If someone is not willing to consent, th	ey must be served with 	Notice of Petition to Adopt 	
and Notice of Rights	. See our checklist and forms for serving notice	. 	
 	Print	 your name and contact information at the top of the first page. Check whether 	
you are the 	Petitioner	 or the attorney for the 	Peti	tioner.	 	
 	Print the judicial district	 number, the county name and the court	 address in the 	
blank lines. 	 	
 	Complete the heading exactly as it appears in the 	Petition	. 	
 	Give the form to the person who is waiving their rights to sign and return to you.	 	
(5)	 Report of 	Adoption	 	
This report contains information about the adoptee and the adopting parent. The 
Petitioner should complete this form and give it to 	court staff	, who will complete the 	
certification section after the Adoption Decree is sign	ed. 	 	
Court staff	 will send the form to the Office of Vital Records and Statistics. If the adoptee 	
was born in Utah, the Office of Vital Records and Statistics will provide to the child’s 
parents information about how to obtain a new	 birth certificate. If the adoptee was born 	
in a state other than Utah, the Office of Vital Records and Statistics will send the Report 
of Adoption to the proper registration authority in the state of birth. To obtain a new birth 
certificate from another s	tate, the parents should contact that registration authority.

Checklist for 	Adopting a Minor Stepchild	 	Rev. May	 201	7 	Page 	4 	
(6)	 Criminal History Report	 	
This report contains the criminal history of the adopting stepparent. To request this 
report, complete an Application for Criminal History Record and file it with the Bur	eau of 	
Criminal Identification.	 	
(7)	 Child Abuse History Report	 	
This report contains information about investigations of child abuse, child neglect, and 
child dependency, against the adopting stepparent. To request this report, complete an 
Informed Consent and 	Release of Liability and file it with the Division of Child and 	
Family Services.	 	
(8)	 Report of Paternity Search from the Office of Vital Records and Statistics (if 	
you do not know the identity of the adoptee’s father)	 	
If you do not know the identity of the ste	pchild’s father, you must obtain a Report of 	
Paternity Search from the Office of Vital Records and Statistics and file it with the court. 	 	
To get the report, the Office of Vital Records and Statistics requires that you first file the 
petition with the court	, have a copy of the petition stamped with the filing date and 	
certified by 	court staff	 as a true copy. Then you must personally deliver the date	-	
stamped, certified copy of the petition and show government issued picture identifica	tion 	
to the Adoption Specialist with the Office of Vital Records and Statistics. That office will 
run the paternity search and provide you with a Report of Paternity Search which you 
must then file with the court before the hearing. The Office of Vital Rec	ords and 	
Statistics charges a fee for the report.	 	
(9)	 Certificate of Readiness	 	
This form tells the court that everything is complete and ready for the hearing. If a 
person has to be served with Notice of Petition to Adopt and Notice of Rights, the 
Certificate 	of readiness cannot be filed until 30 days after the notice was served and the 	
person has not filed a 	motion to i	ntervene.	 	
 	Print	 your name and contact information at the top of the first page. Check whether 	
you are the 	Petitioner	 or the attorney for the 	Pe	titioner.	 	
 	Print the judicial district	 number, the county name and the court	 address in the 	
blank lines. 	 	
 	Complete the heading exactly as it appears in the 	Petition	. 	
 	Each item listed must be filed are identified as not required in your case before the 
adopt	ion hearing can be scheduled.	 	
(10)	 Adoption 	Agreement	 	
 	Print	 your name and contact information at the top of the first page. Check whether 	
you are the 	Petitioner	 or the attorney for the 	Petitioner.

Checklist for 	Adopting a Minor Stepchild	 	Rev. May	 201	7 	Page 	5 	
 	Print the judicial district	 number, the county name and the cour	t address in the 	
blank lines. 	 	
 	Complete the heading exactly as it appears in the 	Petition	. 	
 	In the 	space provided	, print the adoptee’s name as it will be after the adoption.	 	
 	Do not	 date or sign the agreement.	 You may date and sign the agreement 	only	 	
when th	e judge is present.	 	
(11)	 Findings of Fact and Conclusions of Law	 	
 	Print	 your name and contact information at the top of the first page. Check whether 	
you are the 	Petitioner	 or the attorney for the 	Petitioner.	 	
 	Print the judicial district	 number, the county name a	nd the court	 address in the 	
blank lines. 	 	
 	Complete the heading exactly as it appears in the 	Petition	. 	
 	Complete all of the paragraphs so that they are the same as the corresponding 
paragraphs in the Petition.	 	
 	Do not	 date or sign the document.	 The judge will	 review it and sign it. 	 	
(12)	 Adoption Decree	 	
 	Print	 your name and contact information at the top of the first page. Check whether 	
you are the 	Petitioner	 or the attorney for the 	Petitioner.	 	
 	Print the judicial district	 number, the county name and the court	 addres	s in the 	
blank lines. 	 	
 	Complete the heading exactly as it appears in the 	Petition	. 	
 	On page 2 after “The Court Orders that” 	 	
o 	Paragraph (1): Print the name of the adopting parent.	 	
o 	Paragraph (2): Print the name of the adopting parent.	 	
o 	Paragraph (3): Leave bla	nk. The judge will check the appropriate boxes.	 	
o 	Paragraph (4): Print the adoptee’s name as it will be after the adoption.	 	
 	Do not	 complete the rest of the document. The judge 	will 	do this.