Utah Adoption Law
Permits single LGBT individuals to petition to adopt? Yes.
Utah law permits any single adult or married couple to petition to adopt. (UTAH CODE ANN. § 78-30-1(3)). Note that the Division of Human Services gives priority to legally married couples, but an individual who is not “cohabiting” may also adopt a child if it is in the best interest of the child. (2007 Utah Laws 255 / Chapter 255, 2007 General Session) (UTAH ADMIN. CODE R512-41-5(J)(1))
Permits a same-sex couple to jointly petition to adopt? No.
Unmarried, cohabitating couples are prohibited from petitioning to adopt. UTAH CODE ANN. §78-30-1(3).
Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No.
A child may not be adopted by a person who is residing with, and involved in a sexual relationship with, another person in a relationship that is not a legal marriage. (UTAH CODE ANN. § 78-30-1(3))
Details: Utah law states that “A child may not be adopted by a person who is cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this state. For purposes of this subsection . . . "cohabiting" means residing with another person and being involved in a sexual relationship with that person” (UTAH CODE ANN. § 78-30-1(3)).
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Last Updated: 12/14/2009