HB 51

Enrolled Copy  H.B. 51
1Adoption Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Katy Hall
  Senate Sponsor: Chris H. Wilson
2
3  LONG TITLE
4  General Description:
5     This bill amends provisions relating to adoption and child-placing agencies.
6  Highlighted Provisions:
7     This bill:
8     ▸ modifies provisions related to child-placing agencies including:
9●   terms of licensing;
10●   advertising requirements;
11●   reporting requirements; and
12●   disclosure of information to birth parents and adoptive parents;
13     ▸ addresses the rights of birth parents and adoptive parents;
14     ▸ clarifies the types of payments and fees that are permissible in an adoption;
15     ▸ addresses transportation of birth mothers to Utah from other states or countries;
16     ▸ amends provisions relating to mental health therapy for a birth parent;
17     ▸ clarifies that a birth parent can revoke consent under limited circumstances;
18     ▸ addresses adoption services in health care facilities;
19     ▸ makes technical and conforming changes; and
20     ▸ defines terms.
21  Money Appropriated in this Bill:
22     None
23  Other Special Clauses:
24     None
25  Utah Code Sections Affected:
26  AMENDS:
27     26B-2-105, as last amended by Laws of Utah 2024, Chapters 261, 267 and 307
H.B. 51  Enrolled Copy
2826B-2-127, as last amended by Laws of Utah 2025, Chapter 426
2963G-20-203.5, as enacted by Laws of Utah 2023, Chapter 466
3080-2-802, as last amended by Laws of Utah 2025, Chapter 426
3181-13-211, as renumbered and amended by Laws of Utah 2025, Chapter 426
3281-13-212, as renumbered and amended by Laws of Utah 2025, Chapter 426
3381-13-217, as renumbered and amended by Laws of Utah 2025, Chapter 426
34   ENACTS:
3526B-2-244, Utah Code Annotated 1953
36
37   Be it enacted by the Legislature of the state of Utah:
38Section 1. Section 26B-2-105 is amended to read:
3926B-2-105 . Licensure requirements -- Expiration -- Renewal.
40   (1) Except as provided in Section 26B-2-115, an individual, agency, firm, corporation,
41association, or governmental unit acting severally or jointly with any other individual,
42agency, firm, corporation, association, or governmental unit may not establish, conduct,
43or maintain a human services program in this state without a valid and current license
44issued by and under the authority of the office as provided by this part and the rules
45under the authority of this part.
46   (2)(a) For purposes of this Subsection (2), "member" means a person or entity that is
47associated with another person or entity:
48(i) as a member;
49(ii) as a partner;
50(iii) as a shareholder; or
51(iv) as a person or entity involved in the ownership or management of a human
52services program owned or managed by the other person or entity.
53(b) A license issued under this part may not be assigned or transferred.
54(c) The office shall treat an application for a license under this part as an application for
55reinstatement of a revoked license if:
56(i)(A) the person or entity applying for the license had a license revoked under this
57part; and
58(B) the revoked license described in Subsection (2)(c)(i)(A) is not reinstated
59before the application described in this Subsection (2)(c) is made; or
60(ii) a member of an entity applying for the license:
61(A)(I) had a license revoked under this part; and
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62(II) the revoked license described in Subsection (2)(c)(ii)(A)(I) is not reinstated
63before the application described in this Subsection (2)(c) is made; or
64(B)(I) was a member of an entity that had a license revoked under this part at
65any time before the license was revoked; and
66(II) the revoked license described in Subsection (2)(c)(ii)(B)(I) is not reinstated
67before the application described in this Subsection (2)(c) is made.
68  (3)(a) Subject to Section 26B-2-110, and after the five-year waiting period described in
69      Subsection 26B-2-110(1)(c), the office may conditionally approve an application for
70      reinstatement as described in Subsection (2)(c), for a maximum of two years, if:
71(i) the applicant's license was previously revoked due to repeated or chronic
72violations; or
73(ii) after the applicant's license was previously revoked, the applicant associated with
74another human services program that provides a service that is substantially
75similar to the services for which the applicant was previously licensed.
76      (b) If the office issues a conditional license under Subsection (3)(a), the office shall
77prepare a conditional license plan describing the terms and conditions of the
78conditional license.
79  (4) A current license shall at all times be posted in the facility where each human services
80      program is operated, in a place that is visible and readily accessible to the public.
81  (5)(a) Except as provided in Subsections (5)(c) and (d), each license issued under this
82      part expires at midnight on the last day of the same month the license was issued, one
83      year following the date of issuance unless the license has been:
84(i) previously revoked by the office;
85(ii) voluntarily returned to the office by the licensee; or
86(iii) extended by the office.
87      (b) A license shall be renewed upon application and payment of the applicable fee,
88unless the office finds that the licensee:
89(i) is not in compliance with the:
90(A) provisions of this part; or
91(B) rules made under this part;
92(ii) has engaged in a pattern of noncompliance with the:
93(A) provisions of this part; or
94(B) rules made under this part;
95(iii) has engaged in conduct that is grounds for denying a license under Section
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9626B-2-703; or
97(iv) has engaged in conduct that poses a substantial risk of harm to any person.
98(c) The office may issue a renewal license that expires at midnight on the last day of the
99same month the license was issued, two years following the date of issuance, if:
100(i) the licensee has maintained a human services license for at least 24 months before
101the day on which the licensee applies for the renewal; and
102(ii) the licensee has not violated this part or a rule made under this part.
103(d)(i) For a foster home that has been licensed for fewer than two years, a foster
104home license issued on or after May 1, 2023, expires at midnight on the last day of
105the same month the license was issued, one year following the date of issuance.
106(ii) For a foster home that has been licensed for two or more years, a foster home
107license issued on or after May 1, 2023, expires at midnight on the last day of the
108same month the license was issued, three years following the date of issuance:
109(A) unless the license is placed on conditions, suspended, or revoked by the office,
110or voluntarily returned to the office by the licensee; and
111(B) if the licensee has not violated this part or a rule made under this part.
112(iii) A foster home licensee shall complete an annual background screening in
113compliance with the requirements of Section 26B-2-120.
114   (6) Any licensee that is in operation at the time rules are made in accordance with this part
115shall be given a reasonable time for compliance as determined by the rule.
116   (7)(a) A license for a human services program issued under this section shall apply to a
117specific human services program site.
118(b) A human services program shall obtain a separate license for each site where the
119human services program is operated.
120(c) If there is more than one foster parent in a licensed foster home, the foster home
121license shall include the names of all foster parents in the home.
122   (8) Beginning on January 1, 2027, the office may not issue or renew a license for a
123child-placing agency that is a private entity that provides adoption services unless the
124applicant is a nonprofit organization, as that term is defined in Section 78B-4-101.
125Section 2. Section 26B-2-127 is amended to read:
12626B-2-127 . Child placing licensure requirements -- Prohibited acts --
127   Consortium.
128   (1) As used in this section:
129(a)(i) "Adoption services" means services provided to an individual related to a
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130potential adoption, including:
131(A) adoption education, advising, or counseling;
132(B) matching a potential birth parent with a potential adoptive parent;
133(C) a home study;
134(D) assistance or support in financial, legal, or medical matters;
135(E) prenatal or postpartum support; and
136(F) mental health therapy.
137(ii) "Adoption services" does not include one-time informational inquiries.
138      [(a)] (b)(i) "Advertisement" means any written, oral, or graphic statement or
139representation made in connection with a solicitation of business.
140(ii) "Advertisement" includes a statement or representation described in Subsection [
141(1)(a)(i)] (1)(b)(i) by a noncable television system, radio, printed brochure,
142newspaper, leaflet, flyer, circular, billboard, banner, [Internet] internet website,
143social media, or sign.
144      [(b)] (c) "Birth parent" means the same as that term is defined in Section 81-13-101.
145      [(c)] (d) "Clearly and conspicuously disclose" means the same as that term is defined in
146Section 13-11a-2.
147      (e) "Coercion" means utilizing threats, force, duress, intimidation, confinement, undue
148influence, or deception to induce a birth parent to relinquish the birth parent's child or
149consent to an adoption.
150      (f) "Daily living needs" means food, clothing, hygiene, and local transportation.
151      (g) "Directly affected person" means the same as that term is defined in Section 76-7-203.
152      (h)(i) "Living expenses" means ordinary and necessary costs to maintain an
153individual's needs, including housing, utilities, and out-of-state transportation.
154(ii) "Living expenses" does not include lost wages, gifts, educational expenses, or
155other similar expenses.
156      [(d)] (i)(i) "Matching advertisement" means any written, oral, or graphic statement or
157representation made in connection with a solicitation of business to provide the
158assistance described in Subsection (3)(a)(i), regardless of whether there is or will
159be an exchange described in Subsection (3)(a)(ii).
160(ii) "Matching advertisement" includes a statement or representation described in
161Subsection [(1)(d)(i)] (1)(i)(i) by a noncable television system, radio, printed
162brochure, newspaper, leaflet, flyer, circular, billboard, banner, [Internet] internet
163website, social media, or sign.
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164(j) "Weekly allowance" means funds that a licensed child-placing agency that is a
165private entity that provides adoption services may provide to a birth parent for daily
166living needs.
167   (2)(a) Subject to Section 81-14-205, a person may not engage in child placing, or solicit
168money or other assistance for child placing, without a valid license issued by the
169office in accordance with this part.
170(b) If a child-placing agency's license is suspended or revoked in accordance with this
171part, the care, control, or custody of any child who is in the care, control, or custody
172of the child-placing agency shall be transferred to the Division of Child and Family
173Services.
174   (3)(a)(i) An attorney, physician, or other person may assist:
175(A) a birth parent to identify or locate a prospective adoptive parent who is
176interested in adopting the birth parent's child; or
177(B) a prospective adoptive parent to identify or locate a child to be adopted.
178(ii) A payment, charge, fee, reimbursement of expense, or exchange of value of any
179kind, or promise or agreement to make the same, may not be made for the
180assistance described in Subsection (3)(a)(i).
181(b) An attorney, physician, or other person may not:
182(i) issue or cause to be issued to any person a card, sign, or device indicating that the
183attorney, physician, or other person is available to provide the assistance described
184in Subsection (3)(a)(i);
185(ii) cause, permit, or allow any sign or marking indicating that the attorney,
186physician, or other person is available to provide the assistance described in
187Subsection (3)(a)(i), on or in any building or structure;
188(iii) announce, cause, permit, or allow an announcement indicating that the attorney,
189physician, or other person is available to provide the assistance described in
190Subsection (3)(a)(i), to appear in any newspaper, magazine, directory, on radio or
191television, or an Internet website relating to a business;
192(iv) announce, cause, permit, or allow a matching advertisement; or
193(v) announce, cause, permit, or allow an advertisement that indicates or implies the
194attorney, physician, or other person is available to provide the assistance described
195in Subsection (3)(a)(i) as part of, or related to, other adoption-related services by
196using any of the following terms:
197(A) "comprehensive";
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198(B) "complete";
199(C) "one-stop";
200(D) "all-inclusive"; or
201(E) any other term similar to the terms described in Subsections (3)(b)(v)(A)
202through (D).
203      (c) An attorney, physician, or other person who is not licensed by the office shall clearly
204and conspicuously disclose in any print media advertisement or written contract
205regarding adoption services or adoption-related services that the attorney, physician,
206or other person is not licensed to provide adoption services by the office.
207  (4)(a) An entity that advertises for adoption services shall disclose in the advertisement:
208(i) the name of the states in which the entity is licensed to provide adoption services;
209or
210(ii) whether the entity is not licensed to provide adoption services in any state.
211      (b) An entity that advertises for adoption services may not promise financial incentives
212in an adoption-related advertisement.
213  [(4)] (5) A person who intentionally or knowingly violates Subsection (2) or (3) is guilty of
214      a third degree felony.
215  [(5)] (6) This section does not preclude payment of fees for medical, legal, or other lawful
216      services rendered in connection with the care of a mother, delivery and care of a child,
217      or lawful adoption proceedings, except that a child-placing agency may not:
218      (a) charge or accept payment for services that were not actually rendered; or
219      (b) charge or accept payment from a prospective adoptive parent for medical or hospital
220expenses that were paid for by public funds.
221  [(6)] (7) In accordance with federal law, only an agent or employee of the Division of Child
222      and Family Services or of a licensed child-placing agency may certify to United States
223      Citizenship and Immigration Services that a family meets the preadoption requirements
224      of the Division of Child and Family Services.
225  [(7)] (8) A licensed child-placing agency or an attorney practicing in this state may not place
226      a child for adoption, either temporarily or permanently, with an individual who would
227      not be qualified for adoptive placement under Sections 81-13-202, 81-13-203, and
228      81-13-402.
229  [(8)] (9)[(a) A child-placing agency, as that term is defined in Section 63G-20-102, that
230      serves a resident of the state who is a birth mother or a prospective adoptive parent
231      must be a member of a statewide consortium of licensed child-placing agencies that,
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232      together, serve all birth mothers lawfully seeking to place a child for adoption and all
233      qualified prospective adoptive parents.]
234      [(b) The department shall receive and investigate any complaint against a consortium of
235licensed child-placing agencies.]
236      (a) There is created the Utah Child-Placing Adoption Agency Consortium to advise the
237Legislature regarding child-placing agency adoptions and policy in the state.
238      (b) A licensed child-placing agency that is a private entity that provides adoption
239services in Utah shall be a member of the consortium.
240      (c) The consortium consists of one member of each licensed child-placing agency that is
241a private entity that provides adoption services.
242      (d) The consortium shall meet at least quarterly.
243      (e) The majority of consortium members constitutes a quorum for conducting
244consortium business.
245      (f) The consortium shall establish bylaws and procedures for consortium action and
246recommendations.
247      (g)(i) A representative from the office shall chair the consortium.
248(ii) The office shall oversee the consortium and provide staff support as needed.
249(iii) The office may impose a membership fee sufficient to cover the cost of staffing
250the consortium.
251      (h)(i) The consortium shall review a request from a licensed child-placing agency
252that is a private entity that provides adoption services to exceed the financial
253limits described in Subsection (14).
254(ii) The consortium may approve a request described in Subsection (9)(h)(i) if:
255(A) the requesting agency demonstrates a specific need to exceed the limit in
256Subsection (14);
257(B) the requesting agency requests a specific amount to be approved; and
258(C) a majority of the consortium, excluding the requesting agency, determines that
259there is a reasonable need to exceed the limit described in Subsection (14).
260(iii) Actual living expenses or lost wages that are documented and proven to the
261satisfaction of the consortium shall be presumed to be a reasonable need.
262      (i)(i) The consortium shall report to the Health and Human Services Interim
263Committee on or before October 1, 2026.
264(ii) The report described in Subsection (9)(i)(i) shall include:
265(A) the number of adoptions completed by each child-placing agency in the
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266consortium in 2025;
267(B) the number of out-of-state transports arranged by each child-placing agency in
268the consortium in 2025; and
269(C) a description of the fees in 2025 for each child-placing agency in the
270consortium.
271      (j) Together, the consortium shall serve all birth mothers lawfully seeking to place a
272child for adoption and all qualified prospective adoptive parents.
273  (10)(a) A birth parent has the right to independent legal counsel in the adoption process,
274      selected by the birth parent, at a reasonable cost to be paid by the child-placing
275      agency or prospective adoptive parents.
276      (b) A birth parent may waive the right described in Subsection (10)(a), but may not be
277required to waive the right to legal counsel.
278  (11) Before a parent relinquishes a child adoptee to a child-placing agency, or consents to
279      the adoption of a child adoptee, the parent shall be informed of the right described in
280      Subsection (10), with sufficient time to exercise the right before relinquishment or
281      consent, by the:
282      (a) child-placing agency;
283      (b) prospective adoptive parents; or
284      (c) representative of a person described in Subsection (11)(a) or (b).
285  (12) Before the day on which a final decree of adoption is entered, a statement shall be filed
286      with the court that:
287      (a) is signed by each parent who:
288(i) relinquishes the parent's parental rights; or
289(ii) consents to the adoption; and
290      (b) states that, before the parent took the action described in Subsection (12)(a)(i) or (ii),
291the parent was advised of the parent's right to independent legal counsel described in
292this section at the expense of the:
293(i) child-placing agency; or
294(ii) prospective adoptive parents.
295  (13) A licensed child-placing agency that is a private entity that provides adoption services
296      shall include on the agency's website, in a prominent and conspicuous place:
297      (a) information regarding how a birth parent or adoptive parent can file a complaint with
298the office; and
299      (b) notice of any current or former warnings or violations that the office has issued to the
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300child-placing agency within the past three years.
301   (14)(a) A licensed child-placing agency that is a private entity that provides adoption
302services may only pay the following fees or expenses on behalf of a birth parent:
303(i) up to $8,000 in living expenses;
304(ii) weekly allowance;
305(iii) medical expenses; and
306(iv) legal expenses related to the adoption.
307(b) Except as provided in Subsection (14)(c)(i), a licensed child-placing agency that
308pays fees or expenses described in Subsection (14)(a) on behalf of a birth parent shall
309make the payment directly to the applicable service provider when possible.
310(c)(i) A licensed child-placing agency that is a private entity that provides adoption
311services may provide a weekly allowance directly to a birth parent.
312(ii) A weekly allowance may not be provided as a lump sum, but shall be distributed
313on a weekly basis for up to 12 weeks during pregnancy and four weeks
314postpartum.
315(iii) A weekly allowance may not exceed $200 per week for a birth parent and $75
316per week for a directly affected person that is dependent on the birth parent.
317(d) A licensed child-placing agency may exceed the limits described in this Subsection
318(14) in accordance with Subsection (9).
319   (15) Before an adoption is finalized, an adoptive parent or licensed child-placing agency
320may not discuss or promise a potential post-adoption gift to a birth parent.
321   (16)(a) A licensed child-placing agency, an employee or contractor of a licensed
322child-placing agency, or a prospective adoptive parent may not utilize coercion in any
323interaction with a birth parent.
324(b) Coercive behavior includes:
325(i) threatening financial or legal retaliation if a birth parent chooses to parent;
326(ii) telling a birth parent that the birth parent will not receive assistance to return to
327the birth parent's state of residence;
328(iii) preventing a birth parent from physically leaving the birth parent's location;
329(iv) preventing a birth parent from privately contacting the birth parent's supports,
330such as family, friends, mental health professional, or legal counsel; and
331(v) promising a financial benefit in exchange for the birth parent's relinquishment or
332consent.
333   (17) If any member of a licensed child-placing agency that is a private entity that provides
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334      adoption services has a financial interest in a service provider that receives a payment as
335      described in Subsection (14)(b), the licensed child-placing agency shall disclose the
336      financial interest to a birth parent, prospective adoptive parent, the office, and a court
337      that finalizes the adoption.
338  (18)(a) A licensed child-placing agency that is a private entity that provides adoption
339      services may not transport or arrange the transport of:
340(i) a birth mother to the state if the child-placing agency knows or should know that
341the mother is at 36 or more weeks of gestation; or
342(ii) a birth mother who is less than 18 years old to the state.
343      (b) A licensed child-placing agency that is a private entity that provides adoption
344services shall make a reasonable inquiry regarding the health of a birth mother before
345transporting or arranging the transport of a birth mother.
346      (c) A parent or guardian of a birth mother who is less than 18 years old may make
347independent arrangements to transport or travel with the minor birth mother.
348      (d) A licensed child-placing agency that is a private entity that provides adoption
349services shall verify whether an out-of-state birth mother is receiving Medicaid
350benefits before transporting or arranging the transport of the birth mother to Utah.
351      (e) An individual who travels to Utah for the sole purpose of giving birth without intent
352to remain in Utah following the birth does not qualify for Utah Medicaid benefits.
353  (19) A licensed child-placing agency that is a private entity that provides adoption services
354      that transports or arranges the transport of a birth mother to the state for purposes related
355      to an adoption shall ensure that the birth mother is returned to the state from which the
356      birth mother was transported using the same mode and quality of transportation that was
357      used to bring the birth mother to the state if the birth mother does not elect to remain in
358      Utah, regardless of the birth mother's decision regarding relinquishment.
359  (20)(a) A licensed child-placing agency that is a private entity that provides adoption
360      services shall submit a form, created by the office, to the office for each birth parent
361      to whom the child-placing agency provides adoption services.
362      (b) The form described in Subsection (20)(a) shall include:
363(i) the name of the licensed child-placing agency;
364(ii) whether the birth parent chose:
365(A) to parent the child;
366(B) adoption; or
367(C) something else;
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368(iii) the date of:
369(A) the birth parent's first contact with the child-placing agency;
370(B) birth of the child adoptee;
371(C) relinquishment; and
372(D) the finalized adoption;
373(iv) the location of the birth parent on each date described in Subsection (20)(b)(iii);
374(v) whether a third-party facilitator was used to connect the birth parent and the
375child-placing agency;
376(vi) the total amount of funds that a birth parent received directly through a weekly
377allowance;
378(vii) the total amount that was paid on behalf of the birth parent for living expenses;
379(viii) the total amount that was paid for the birth parent's medical expenses, including
380mental health therapy;
381(ix) the total amount that was paid for the birth parent's legal expenses;
382(x) whether the consortium approved exceeding the financial limits described in this
383section;
384(xi) the value of any gifts provided to the birth parent;
385(xii) a description and value of any other benefit that was paid to or on behalf of the
386birth parent;
387(xiii) whether the birth parent received Utah Medicaid benefits;
388(xiv) if the birth parent was transported to Utah, whether the birth parent received
389Medicaid benefits in another state; and
390(xv) whether the birth parent received any other public assistance in Utah.
391   (21) The office shall investigate and may revoke or suspend a license of a child-placing
392agency that violates this section.
393Section 3. Section 26B-2-244 is enacted to read:
39426B-2-244 . Birthing services at health care facilities.
395   (1) As used in this section, "adoption services" means action related to an adoption,
396including counseling between a child-placing agency and a birth parent, signing
397paperwork related to an adoption, or the transfer of physical custody of a child adoptee
398from a birth parent to a child-placing agency or prospective adoptive parent.
399   (2) A health care facility that provides birthing services shall develop policies regarding
400adoption services that occur at a health care facility.
401   (3) A health care facility that provides birthing services shall notify the Office of Licensing
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402      if the health care facility files a complaint or otherwise takes action against a
403      child-placing agency or a child-placing agency's representatives.
404  (4) A health care facility or a health care facility's staff may notify the Office of Licensing
405      if the facility or staff has concerns regarding unethical practices related to adoption
406      services that occur at the health care facility.
407Section 4. Section 63G-20-203.5 is amended to read:
40863G-20-203.5 . Child-placing agencies.
409  (1) As used in this section, "consortium" means [a statewide consortium of child-placing
410      agencies] the Utah Child-Placing Adoption Agency Consortium described in Subsection [
411      26B-2-127(8)] 26B-2-127(9).
412  (2) Notwithstanding any other provision of law, a state or local government, a state or local
413      government official, or another accrediting, certifying, or licensing body, including the
414      Office of Licensing within the Department of Health and Human Services, may not:
415      (a) require a consortium-member child-placing agency to perform, assist, counsel,
416recommend, consent to, facilitate, or participate in child placing, with a qualified
417prospective adoptive parent, that is contrary to the child-placing agency's religious
418teaching, practices, or sincerely held beliefs, or the good faith wishes of the birth
419mother as to the optimal placement of the child;
420      (b) deny a consortium-member child-placing agency any grant, contract, or participation
421in a government program because the child-placing agency cannot, consistent with
422the child-placing agency's religious teaching, practices, or sincerely held beliefs, or
423consistent with the good faith wishes of the birth mother as to the optimal placement
424of the child, perform, assist, counsel, recommend, consent to, facilitate, or participate
425in a child placement with a qualified prospective adoptive parent; or
426      (c) deny an application for an initial license or accreditation, deny the renewal of a
427license or accreditation, or revoke the license or accreditation of a
428consortium-member child-placing agency that cannot, consistent with the
429child-placing agency's religious teaching, practices, or sincerely held beliefs, or
430consistent with the good faith wishes of the birth mother as to the optimal placement
431of the child, perform, assist, counsel, recommend, consent to, facilitate, or participate
432in a child placement with a qualified prospective adoptive parent.
433  (3)(a) A consortium-member child-placing agency that cannot, consistent with the
434      child-placing agency's religious teaching, practices, or sincerely held beliefs, or
435      consistent with the good faith wishes of the birth mother as to the optimal placement
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436of the child, perform, assist, counsel, recommend, consent to, facilitate, or participate
437in a child placement with a qualified prospective adoptive parent, shall refer the
438individual who is seeking child-placement services to another child-placing agency in
439the consortium.
440(b) A referral by a child-placing agency under Subsection (3)(a) does not constitute a
441determination that a proposed placement is not in the best interest of the child.
442   (4) The fact that a consortium-member child-placing agency cannot, consistent with the
443child-placing agency's religious teaching, practices, or sincerely held beliefs, or
444consistent with the good faith wishes of the birth mother as to the optimal placement of
445the child, perform, assist, counsel, recommend, consent to, facilitate, or participate in a
446child placement with a qualified prospective adoptive parent, may not form the basis for:
447(a) the imposition of a civil fine or other adverse administrative action; or
448(b) any claim or cause of action under any state or local law.
449Section 5. Section 80-2-802 is amended to read:
45080-2-802 . Division child placing and adoption services -- Restrictions on
451   placement of a child.
452   (1) Except as provided in Subsection (3), the division may provide adoption services and,
453as a licensed child-placing agency under Title 26B, Chapter 2, Part 1, Human Services
454Programs and Facilities, engage in child placing in accordance with this chapter, Chapter
4552a, Removal and Protective Custody of a Child, Chapter 3, Abuse, Neglect, and
456Dependency Proceedings, and Chapter 4, Termination and Restoration of Parental Rights.
457   (2) The division shall base the division's decision for placement of an adoptable child for
458adoption on the best interest of the adoptable child.
459   (3) The division may not:
460(a) in accordance with Subsection [26B-2-127(6)] 26B-2-127(7), place a child for
461adoption, either temporarily or permanently, with an individual who does not qualify
462for adoptive placement under Sections 81-13-202, 81-13-203, and 81-13-402;
463(b) consider a potential adoptive parent's willingness or unwillingness to enter a
464postadoption contact agreement under Section 81-13-216 as a condition of placing a
465child with a potential adoptive parent; or
466(c) except as required under the Indian Child Welfare Act, 25 U.S.C. Secs. 1901 through
4671963, base the division's decision for placement of an adoptable child on the race,
468color, ethnicity, or national origin of either the child or the potential adoptive parent.
469   (4) The division shall establish a rule in accordance with Title 63G, Chapter 3, Utah
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470      Administrative Rulemaking Act, providing that, subject to Subsection (3) and Section
471      81-13-402, priority of placement shall be provided to a family in which a couple is
472      legally married under the laws of the state.
473  (5) Subsections (3) and (4) do not limit the placement of a child with the child's parent or
474      relative or in accordance with the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq.
475Section 6. Section 81-13-211 is amended to read:
47681-13-211 . Counseling for parents.
477  (1) As used in this section, "parent" means a person described in Subsections
478      81-13-212(1)(b) through (f) for whom the consent or relinquishment of a minor child for
479      the adoption is required.
480  (2) Subject to Subsection (3)(a), before relinquishing a minor child to a child-placing
481      agency, or consenting to the adoption of a child adoptee, a parent of the child adoptee
482      has the right to participate in, or elect to participate in, [counseling] mental health therapy:
483      (a) by a [licensed counselor or an adoption service provider] mental health professional
484who is licensed under Title 58, Chapter 60, Mental Health Professional Practice Act,
485and selected by the parent participating in the [counseling] mental health therapy;
486      (b) for up to three sessions of at least 50 minutes per session completed before
487relinquishing a child adoptee [or within 120 days] and up to three sessions of at least
48850 minutes per session following the relinquishment of a child adoptee; and
489      (c) subject to Subsection (3)(b), at the expense of the:
490(i) child-placing agency; or
491(ii) prospective adoptive parents.
492  (3)(a) Notwithstanding Subsection (2), a parent who has the right to participate in the [
493      counseling] mental health therapy under Subsection (2) may waive that right.
494      (b) Notwithstanding Subsection (2)(c), the total amount required to be paid by a
495child-placing agency or the prospective adoptive parents for the [counseling] mental
496health therapy described in Subsection (2) may not exceed [$400] $800, unless an
497agreement for a greater amount is signed by:
498(i) the parent who receives the [counseling] mental health therapy; and
499(ii) the child-placing agency or prospective adoptive parents.
500  (4) Before a parent relinquishes a child adoptee to a child-placing agency, or consents to the
501      adoption of a child adoptee, the parent shall be informed of the right described in
502      Subsection (1) by the:
503      (a) child-placing agency;
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504(b) prospective adoptive parents; or
505(c) representative of a person described in Subsection (4)(a) or (b).
506   (5) If the parent who is entitled to the [counseling] mental health therapy as described in
507Subsection (1) elects to attend one or more [counseling] mental health therapy sessions
508following the relinquishment of a child adoptee[:]
509[(a) the parent of the child adoptee shall inform the child-placing agency or prospective
510adoptive parents of this election prior to relinquishing the child adoptee to a
511child-placing agency or consenting to the adoption of the child adoptee; and]
512[(b)]   the parent of the child adoptee and the child-placing agency or attorney
513representing a prospective adoptive parent of the child adoptee shall enter into an
514agreement to pay for the [counseling] mental health therapy in accordance with this
515section.
516   (6)(a) Subject to Subsections (4)(b) and (c), before the day on which a final decree of
517adoption is entered, a statement shall be filed with the court that:
518(i) is signed by each parent who:
519(A) relinquishes the parent's parental rights; or
520(B) consents to the adoption; and
521(ii) states that, before the parent took the action described in Subsection (6)(a)(i)(A)
522or (B), the parent was advised of the parent's right to participate in the [counseling]
523mental health therapy described in this section at the expense of the:
524(A) child-placing agency; or
525(B) prospective adoptive parents.
526(b) The statement described in Subsection (6)(a) may be included in the document that:
527(i) relinquishes the parent's parental rights; or
528(ii) consents to the adoption.
529(c) Failure by a person to give the notice described in Subsection (4), or pay for the [
530counseling] mental health therapy described in this section[:]
531[(i)] shall not constitute grounds for invalidating a:
532[(A)] (i) relinquishment of parental rights; or
533[(B)] (ii) consent to adoption[; and] .
534[(ii) shall give rise to a cause of action for the recovery of damages suffered, if any,
535by the parent or guardian who took the action described in Subsection (6)(c)(i)(A)
536or (B) against the person required to:]
537[(A) give the notice described in Subsection (4); or]
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538[(B) pay for the counseling described in this section.]
539Section 7. Section 81-13-212 is amended to read:
54081-13-212 . Necessary consent to adoption or relinquishment for adoption of a
541  minor child -- Implied consent.
542  (1) Except as provided in Subsection (2), the following persons are required to consent to
543      an adoption of a minor child, or to relinquishment of a minor child, before an adoption
544      of the minor child is granted:
545      (a) if the child adoptee is 12 years old or older, the child adoptee unless the child
546adoptee does not have the mental capacity to consent;
547      (b) a man or woman who:
548(i) by operation of law under Section 81-5-204, is recognized as the father or mother
549of the proposed adoptee, unless:
550(A) the presumption is rebutted under Section 81-5-607;
551(B) at the time of the marriage, the man or woman knew or reasonably should
552have known that the marriage to the mother of the proposed child adoptee was
553or could be declared invalid; or
554(C) the man or woman was not married to the mother of the proposed child
555adoptee until after the mother consented to adoption, or relinquishment for
556adoption, of the proposed child adoptee; or
557(ii) is the parent of the child adoptee by a previous legal adoption;
558      (c) the birth mother of the child adoptee;
559      (d) an individual who has been adjudicated to be the child adoptee's parent by a court
560with jurisdiction before the birth mother's execution of consent to adoption or the
561birth mother's relinquishment of the child adoptee for adoption;
562      (e) consistent with Subsection (3), an individual who has executed and filed a voluntary
563declaration of paternity with the office in accordance with Chapter 5, Uniform
564Parentage Act, before the birth mother's execution of consent to adoption or the birth
565mother's relinquishment of the child adoptee for adoption;
566      (f) an unmarried biological father of the child adoptee, whose consent is not required
567under Subsection (1)(d) or (1)(e), only if the unmarried biological father fully and
568strictly complies with the requirements of Section 81-13-213; and
569      (g) the person or agency to whom an adoptee has been relinquished and that is placing
570the child adoptee for adoption.
571  (2) The consent or relinquishment of an individual described in Subsections (1)(b) through
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572(f) is not required if the individual's parental rights relating to the child adoptee have
573been terminated by a court.
574   (3) For purposes of Subsection (1)(e), a voluntary declaration of paternity is considered
575filed when the voluntary declaration is entered into a database that:
576(a) can be accessed by the Department of Health and Human Services; and
577(b) is designated by the office as the official database for voluntary declarations of
578paternity.
579   (4)(a) Except as provided in Subsection (4)(b), a person described in Subsection (1) may
580execute a consent or relinquishment at any time, including before the birth of the
581child adoptee.
582(b) A birth mother may not consent to the adoption of the child adoptee, or relinquish
583control or custody of the child adoptee, until at least 24 hours after the birth of the
584child adoptee.
585(c) A child adoptee may not execute a consent to an adoption until the child adoptee is at
586least 12 years old.
587   (5)(a) A birth parent who is younger than 18 years old has the power to:
588(i) consent to the adoption of the birth parent's minor child; and
589(ii) relinquish the birth parent's control or custody of the minor child for adoption.
590(b) The consent or relinquishment described in Subsection (5)(a) is valid and has the
591same force and effect as a consent or relinquishment executed by a birth parent who
592is an adult.
593(c) A birth parent, who is younger than 18 years old and has executed a consent or
594relinquishment, cannot revoke that consent or relinquishment upon reaching 18 years
595old or otherwise becoming emancipated.
596   (6)(a) [A consent or relinquishment is effective when the consent or relinquishment is
597signed and may not be revoked.] A birth parent may revoke the birth parent's consent
598or relinquishment for any reason within 72 hours after the birth parent consents or
599relinquishes the child adoptee.
600(b) A birth parent may waive in writing the revocation period described in Subsection
601(6)(a).
602(c) A birth parent may revoke the birth parent's consent or relinquishment before a final
603decree of adoption has been entered if a court determines that the consent or
604relinquishment was given under duress, fraud, or undue influence by the
605child-placing agency.
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606      (d) A birth parent may not sign a consent or relinquishment while under the effects of
607anesthesia or medication that impacts the birth parent's ability to think clearly.
608      (e) Subsections (6)(a) through (d) does not apply to a voluntary relinquishment that is
609executed in juvenile court in accordance with Section 80-4-307.
610  (7)(a) As used in this Subsection (7):
611(i) "Abandonment" means failure of a birth parent, with reasonable knowledge of the
612pregnancy, to offer and provide financial and emotional support to the birth
613mother for a period of 180 days before the day on which the child adoptee is born.
614(ii) "Emotional support" means a pattern of statements or actions that indicate to a
615reasonable person that a birth parent intends to provide for the physical and
616emotional well-being of an unborn child adoptee.
617      (b) A consent or relinquishment required by Subsection (1) may be implied by any of
618the following acts:
619(i) abandonment;
620(ii) leaving the child adoptee with a third party for 30 consecutive days without
621providing the third party with the birth parent's identification;
622(iii) knowingly leaving the child adoptee with another person for 180 consecutive
623days without providing for support, communicating, or otherwise maintaining a
624substantial relationship with the child adoptee; or
625(iv) receiving notification of a pending adoption proceeding as described in Section
62681-13-207, or of a termination proceeding described in Section 81-13-205, and
627failing to respond as required.
628      (c) For purposes of this Subsection (7), a court may not:
629(i) determine that a birth parent abandoned the birth mother if the birth parent failed
630to provide financial or emotional support because the birth mother refused to
631accept support; or
632(ii) find that the birth parent failed to provide emotional support if the individual's
633failure was due to impossibility of performance.
634      (d) Implied consent under this Subsection (7) may not be withdrawn.
635      (e) Nothing in this Subsection (7) negates the requirements of Section 81-13-213 for an
636unmarried biological father.
637  (8) Nothing in this section establishes new requirements for an individual relinquishing a
638      child in accordance with Section 80-4-502.
639Section 8. Section 81-13-217 is amended to read:
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64081-13-217 . Affidavit regarding fees and expenses before final decree of adoption
641   of a minor child.
642   (1)(a) Except as provided in Subsection [(5)] (6), before the date that a final decree of
643adoption for a child adoptee is entered, a prospective adoptive parent or, if the child
644adoptee was placed by a child-placing agency, the person or agency placing the child
645adoptee shall file with the court an affidavit regarding fees and expenses on a form
646prescribed by the Judicial Council in accordance with Subsection (2).
647(b) An affidavit filed [pursuant to] in accordance with Subsection (1)(a) shall be signed
648by each prospective adoptive parent and, if the child adoptee was placed by a
649child-placing agency, the person or agency placing the child adoptee.
650(c) The court shall review an affidavit filed under this section for completeness and
651compliance with the requirements of this section.
652(d) The results of the court's review under Subsection (1)(c) shall be noted in the court's
653record.
654   (2)(a) The Judicial Council shall prescribe a uniform form for the affidavit described in
655Subsection (1).
656(b) The uniform affidavit form shall require [itemization] disclosure of the following
657items in connection with the adoption:
658[(i) all legal expenses that have been or will be paid to or on behalf of the preexisting
659parents of the child adoptee, including the source of payment;]
660[(ii) all maternity expenses that have been or will be paid to or on behalf of the
661preexisting parents of the child adoptee, including the source of payment;]
662[(iii) all medical or hospital expenses that have been or will be paid to or on behalf of
663the preexisting parents of the child adoptee, including the source of payment;]
664[(iv) all living expenses that have been or will be paid to or on behalf of the
665preexisting parents of the child adoptee, including the source of payment;]
666[(v) fees paid by the prospective adoptive parent or parents in connection with the
667adoption;]
668[(vi) all gifts, property, or other items that have been or will be provided to the
669preexisting parents, including the source and approximate value of the gifts,
670property, or other items;]
671[(vii) all public funds used for any medical or hospital costs in connection with the:]
672[(A) pregnancy;]
673[(B) delivery of the child adoptee; or]
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674[(C) care of the child adoptee; and]
675[(viii) if a child-placing agency placed the child adoptee:]
676[(A) a description of services provided to the prospective adoptive parents or
677preexisting parents in connection with the adoption;]
678[(B) all expenses associated with matching the prospective adoptive parent or
679parents and the birth mother;]
680[(C) all expenses associated with advertising; and]
681[(D) any other agency fees or expenses paid by an adoptive parent that are not
682itemized under one of the other categories described in this Subsection (2)(b),
683including a description of the reason for the fee or expense.]
684(i) the total amount of legal expenses that have been or will be paid to or on behalf of
685the preexisting parents of the child adoptee;
686(ii) the total amount of medical or hospital expenses that have been or will be paid to
687or on behalf of the preexisting parents of the child adoptee;
688(iii) the total amount that the adoptive parent has paid for a preexisting parent's direct
689support;
690(iv) the total amount that the adoptive parent has paid for a preexisting parent's
691indirect support;
692(v) the total amount that the adoptive parent has paid to a child-placing agency in fees
693and costs; and
694(vi) a description of services provided to the prospective adoptive parent and
695preexisting parent in connection with the adoption.
696      (c) The uniform affidavit form shall require:
697(i) a [statement of the] declaration of each state or country of residence for 12 months
698before the birth of the:
699(A) birth mother or the preexisting parents; and
700(B) prospective adoptive parent or parents; and
701(ii) a declaration that Section 76-7-203 has not been violated[; and] .
702[(iii) if the affidavit includes an itemized amount for both of the categories described
703in Subsections (2)(b)(iii) and (vii), a statement explaining why certain medical or
704hospital expenses were paid by a source other than public funds.]
705      (d) To satisfy the requirement of Subsection (1)(a), the court shall accept an affidavit
706that is submitted in a form accepted by the Office of Licensing within the Department
707of Health and Human Services if the affidavit contains the same information and is in
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708a reasonably equivalent format as the uniform affidavit form prescribed by the
709Judicial Council.
710   (3)(a)(i) If a child-placing agency, that is licensed by this state, placed the child
711adoptee, the child-placing agency shall provide a copy of the affidavit described in
712Subsection (1) to the Office of Licensing within the Department of Health and
713Human Services[.] on or before 60 days after the day on which the adoption is
714finalized.
715(ii) If an attorney arranged the placement of the child adoptee with the adoptive
716parent or parents, the attorney shall provide a copy of the affidavit described in
717Subsection (1) to the Office of Licensing within the Department of Health and
718Human Services on or before 60 days after the day on which the adoption is
719finalized.
720(b) Before August 30 of each even-numbered year, the Office of Licensing within the
721Department of Health and Human Services shall provide a written report to the
722Health and Human Services Interim Committee and to the Judicial Council regarding
723the cost of adoptions in the state that includes:
724(i) the total number of affidavits provided to the Office of Licensing during the
725previous year;
726(ii) for each of the categories described in Subsection (2)(b):
727(A) the average amount disclosed on affidavits submitted during the previous
728year; and
729(B) the range of amounts disclosed on affidavits submitted during the previous
730year;
731(iii) the average total amount disclosed on affidavits submitted during the previous
732year;
733(iv) the range of total amounts disclosed on affidavits submitted during the previous
734year; and
735(v) any recommended legislation that may help reduce the cost of adoptions.
736(c) The Health and Human Services Interim Committee shall, based on information in
737reports provided under Subsection (3)(b) and in consultation with [a consortium
738described] the Utah Child-Placing Adoption Agency Consortium created in
739Subsection [26B-2-127(8)] 26B-2-127(9), consider:
740(i) what constitutes reasonable fees and expenses related to adoption; and
741(ii) the standards that may be used to determine whether fees and expenses related to
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742adoption are reasonable in a specific case.
743  (4) The Judicial Council shall make a copy of each report provided by the Office of
744      Licensing under Subsection (3)(b) available to each court that may be required to review
745      an affidavit under Subsection (1)(c).
746  (5) The Office of Licensing shall investigate and may suspend or revoke the license of a
747      child-placing agency if the child-placing agency fails to comply with the requirements
748      described in this section.
749  [(5)] (6) This section does not apply if the prospective adoptive parent is the legal spouse of
750      a preexisting parent.
751Section 9. Effective Date.
752  This bill takes effect on May 6, 2026.
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