Adoption Laws in Utah: Consent, Revocation, Birth Fathers, and H.B. 51

In Utah, a birth mother may not sign a consent to adoption or a relinquishment of parental rights until at least 24 hours after the child is born. Nothing she signs during pregnancy commits her to an adoption. An adoption plan, a chosen family, and a hospital plan are all expressions of intent that she can change at any time before consent.

Consent must be voluntary and informed. In practice that means the documents are reviewed with her by her own independent attorney, not the adoptive family's attorney, and signed in front of an authorized witness. When a birth mother works with a licensed agency, that attorney is provided at no cost to her as part of the legal services Utah law allows. Our legal rights page for birth mothers walks through what that conversation covers.

Consent is also required from the child's legal father, from a child who is 12 or older, and from the agency or guardian holding custody when one exists. The birth father rules are detailed enough that they get their own section below.

Utah treats married and unmarried fathers differently, and the unmarried-father rules are among the strictest in the country.

If the birth mother is married

Her husband is presumed to be the child's legal father, even if he is not the biological father. He must consent to the adoption or have his rights addressed by the court before the adoption can be finalized. He is entitled to notice of the proceeding.

If the birth father is unmarried

An unmarried biological father has the right to consent, and therefore to object, only if he acts before the birth mother signs her consent. Under Utah Code 81-13-207 and 81-13-213 he must do all of the following:

1. File a paternity action in a Utah court under the Uniform Parentage Act (this can be done before or after the birth);
2. File a notice of that action with the Utah Office of Vital Records and Statistics, Utah's putative father registry;
3. File a sworn affidavit stating he is able and willing to take custody and committing to pay a reasonable share of pregnancy, birth, and child-support expenses.

The statute gives him at least one business day after the birth to complete these steps. A father who does not is considered to have been on notice that a pregnancy and an adoption could occur and loses the right to block the adoption. A father whose child was conceived through a sexual offense is not entitled to notice at all.

Three common situations

• ●He supports the adoption. He can sign his own consent, often at the same time as the birth mother. The agency arranges his legal counsel.
• ●He is unknown or cannot be found. The agency checks the putative father registry. If no filing exists, the adoption can proceed without his consent.
• ●He objects but has not filed. Objecting is not enough. Only a father who completed the filing requirements before consent was signed can contest the adoption in court.

Because the timing is so unforgiving, agencies verify the registry before any consent is signed, and the birth mother's attorney explains what the father has or has not done.

Utah law allows a licensed agency or adoptive family to pay reasonable pregnancy-related expenseson a birth mother's behalf: medical care, counseling, her own legal counsel, and living expenses such as rent, utilities, food, maternity clothing, and transportation during the pregnancy and a recovery period after birth. Payments go to the provider wherever possible rather than to her in cash.

Since 2026, living-expense support is subject to a statutory limit, with a process for an agency to request an exception through Utah's new consortium of licensed adoption agencies when a birth mother's situation requires it. What is never allowed, in Utah or any state, is a payment in exchange for a placement. Help with expenses is support through a pregnancy; it is not a fee for a child, and a birth mother who decides to parent does not repay it.

Our living expenses page describes how this works in practice. Specifics are always decided case by case with a counselor.

When a child born in one state is placed with a family in another, the Interstate Compact on the Placement of Children (ICPC)applies. Both states' compact offices review the home study and placement paperwork, and the child may not leave the birth state until the receiving state approves. In practice ICPC adds one to two weeks at placement.

Which consent law applies depends on where the birth mother gives birth, not where the agency is licensed. A birth mother in Texas who works with a Utah agency signs under Texas rules; a birth mother who chooses to deliver in Utah signs under Utah rules, including the 24-hour wait and the 72-hour revocation window. Since H.B. 51, agencies may not bring a birth mother to Utah after 36 weeks of pregnancy. Our state-by-state guides summarize consent timing and revocation for each state we serve.

Most Utah adoptions today are open or semi-open, with ongoing letters, photos, or visits between the birth family and the adoptive family. Utah law recognizes postadoption contact agreements(Utah Code 81-13-216): a written agreement, signed before finalization, that describes the contact the parties intend to keep. A court may approve the agreement if it finds the contact is in the child's best interest.

Two honest cautions. Whether a particular agreement can be enforced later depends on the case and on the court's approval, so most Utah open adoptions run on trust and agency mediation rather than a court order. And a broken contact agreement is never grounds to undo an adoption or to award damages. Openness is a relationship, not a custody arrangement, and the adoptive parents are the child's legal parents in every respect.