Utah Adoption Law
Citizenship and Out-of-State Birth Issues
Utah adoption law provides special rules and requirements that apply to
adoptions if the child to be adopted is not a citizen of the United
States, was born outside of the State of Utah, or has Native american
Ancestry. This page provides general information relating to questions
involving these types of
adoptions.
If you are involved in or considering beginning the adoption process,
having
good legal advice
and assistance can be critical to successfully
completing the adoption.
Contact
us today to see how we can help.
Can my husband adopt my son if he is not a citizen of the U.S.?

The
answer to this
question depends on whether it is the husband or the son who is not a
citizen. The Utah Adoption Act does not place restrictions on a
non-citizen's ability to adopt a child. it does, however, have certain
requirements that must be met if the child to be adopted is not a
United States Citizen.
When petitioning to adopt a child who is not a citizen of the United
States (referred to under the Utah Adoption Act as an "alien" child),
the petitioners (adoptive parents) must be able to provide
documentation from the United States immigration officials verifying
that the child was lawfully admitted to the United States as a
permanent resident, admitted temporarily under a lawful nonimmigrant
category, or otherwise paroled into the United States pursuant to 8
U.S.C. Section 1182(d)(5).
What if the child to be adopted was born in the United States
to non-citizen parents?
The Fourteenth Amendment to the United States Constitution provides
that a person born in the United States and subject to the jurisdiction
of the United States is considered to be a citizen. The language of the
Amendment is generally interpreted to mean that a person born inside
the borders of the United States becomes a citizen, regardless of
citizenship or immigration status of his or her parents.
Are there any special rules that apply to an adoption when the
child was born in another US state?
Utah
adoption law
requires that an adoption petition state whether the child was born in
Utah or in another state. If the child to be adopted was born in
another state, then the petitioners must comply with the requirements
of the Interstate Compact on Placement of Children.
Are there special rules applying to adoptions involving a
Native American child?

Federal
law regarding adoption of Native American children uses the
term "Indian child" as a specific legal term of art. The term is
defined in the federal code, 25 USC 1903(4), as meaning "any unmarried
person who is under the age eighteen and is either (a) a member in an
Indian tribe or (b) is eligible for membership in an indian tribe and
is the biological child of a member of an Indian tribe." The Utah
Adoption Act requires that any adoption proceeding that involves an
"Indian child" as defined under federal law must copmly with the terms
of the Indian Child Welfare Act, Title 25, Chapter 21 of the United
States Code.
Do the rules discussed above apply to step-parent adoptions in
Utah?
The rules discussed above regarding non-citizen children, Native
American children, and children born outside the State of Utah apply
generally to all adoption proceedings. An exception, however, is made
when the
step-parent adoption involves a child born in another US
state. In step-parent adoptions, rules governing jurisdiction and venue
for Utah must be followed. But compliance with the Interstate Compact
on Placement of Children is not required.
Contact a Utah Attorney
A
successful adoption
proceeding is much more likely when good legal counsel is sought up
front. If you are considering beginning the adoption process, or if you
have already started and need legal assistance,
contact us right away.
We are pleased to assist clients in the adoption process throughout
Utah.
Family Law - The legal issues involved in Utah family law cases are some of the most important and personal issues you may ever face. Whether you are facing divorce, trying to obtain guardianship for a loved one, making plans to adopt, addressing child custody, support, alimony, or other legal matters relating to your family, choosing the right attorney to help you is a critical decision.
Contact us to get the help you need.
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