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Utah Surrogacy Laws: What Is Post-Birth Adoption?

Surrogacy has been a topic of debate for many years, and Utah has some of the strictest laws in place. As a result, it's crucial for couples who wish to expand their families through surrogacy to understand the procedures and rules that govern Utah surrogacy.

In some cases, post-birth adoption is a part of the surrogacy process in Utah. However, there is a lot to know about this legal process before you can begin. In this blog post, we'll explore what post-birth adoption is, how it’s related to the surrogacy process, and what's required to complete post-birth adoption in Utah.

What Is Post-Birth Adoption?

Post-birth adoption is the process of legally adopting a child after they're born through a surrogate. In some instances, the surrogate retains her parental rights until the intended parents adopt the child. After the baby is born, the intended parents begin the legal adoption process. It involves filing a petition with the court and meeting specific requirements to ensure the adoption is legal. Once the adoption is complete, the surrogate's legal rights to the baby are terminated, and the intended parents become the child’s legal guardians.

What Are the Requirements for Post-Birth Adoption in Utah?

To proceed with post-birth adoption, the intended parents must meet several requirements, including but not limited to:

  • Home Study – Utah law requires that the intended parents undergo a home study to assess their capabilities to raise a child. A licensed adoption agency or social worker conducts this study.
  • Background Check – The intended parents must also complete a criminal background check.
  • File a Petition – Additionally, the intended parents must file a petition for adoption with a Utah court within six months of the child's birth.

How Long Does the Post-Birth Adoption Process Take in Utah?

The post-birth adoption process in Utah can be completed within six months from the time the petition is filed with the court. However, the timeframe can vary depending on the court's caseload and the complexity of the case. In some cases, the process may be expedited if the intended parents know the surrogate. In other cases, it may take more time, particularly if legal issues arise.

Need Help Navigating the Post-Birth Adoption Process in Utah? Contact Our Salt Lake City Adoption Lawyers Today!

Surrogacy can be an excellent way for couples who can't have a child the traditional way to expand their family. However, surrogacy laws in Utah are complex and require careful consideration and legal representation. Understanding post-birth adoption is necessary for intended parents to have a successful surrogacy experience. We hope this blog post has shed some light on what to expect from the surrogacy process as a whole and how post-birth adoption works in Utah. Remember, legal representation is crucial in surrogacy, and working with an experienced lawyer is critical for intended parents.

Call us at (801) 901-7046 or contact us online today to discuss your situation with our experienced adoption attorneys at Nelson, Taylor & Associates.