Know what rights you’re giving up when relocating to Utah for adoption.
When you are asked to relocate to Utah for the purposes of adoption, you are being asked to waive the rights afforded to you in your own state and only follow Utah’s laws instead. It is likely that your home state rights were not fully explained to you before being asked to waive them. Look at the chart provided below to compare your own state rights to Utah’s, regarding consent and revocation.
Helpful definitions and information about adoption law:
Independent/Private adoption: An adoption that is facilitated without an adoption agency. Typically done through a licensed attorney, but can also be facilitated by other entities that are unlicensed and unregulated.
Agency adoption: An adoption that is facilitated by a licensed adoption agency.
Consent: A written document that a parent signs to voluntarily give up their legal rights to their child for adoption. This is the document that the adoption professional will request you sign, typically after birth (a few states allow for the signing to occur before birth).
The most important thing to remember about signing consents is that when the law says you can sign any time after birth or a specific time limit after birth (like 48 hours, 72 hours, etc.) this is a minimum requirement.
If your adoption worker says that you will sign 48 hours after birth, you certainly do not have to. You have the option to say that you need more time. Check out our scripts which help you formulate a message to the adoption worker to notify them.
You can request an attorney. It is common practice that an attorney can be
Depending on the state, “consent” could also be called “surrender” or “relinquishment.”
Revocation: This is the process by which a parent withdraws their previously given consent to adoption, thereby revoking consent and reclaiming their parental rights and responsibilities.
Not every state allows for revocation. Further, some states may allow for revocation, but legally and procedurally, you must jump through hoops to revoke. This is important to understand because it may not be a clear process. This is why if you are unsure or doubtful about if adoption is right for you, it is best if you do not sign consents.
Utah does not have a revocation period. Consents are final upon signing and you cannot change your mind later. If you are not 100% confident in your decision of adoption, do not sign.
Some states have a provision that allows revocation only in circumstances that involve fraud. Utah is unique in that it will not overturn an adoption even in circumstances of fraud.
Child Welfare System: This is the public state system, in which a child enters the foster care system through removal by Child Protective Services (CPS). If you are at risk of having your child go to the foster care system, we understand the feeling of urgency and your concerns. With the public child welfare system, reunification may be an option. If you are interested in working toward reunification with your child, you will be given a court-ordered plan for reunification that you must work toward in order for your child to return home to you.
If you are not necessarily at risk for the state’s removal of your child, but your current housing or life situation makes you fearful for potential future involvement of Child Protective Services, there may be temporary options available. Visit our Housing page to learn more about options in Utah that are outside the public system.