State Laws and Legislation

Utah Adoption Law


Permits single LGBT individuals to petition to adopt? Yes.
Utah law permits any single adult or married couple to petition to adopt. (UTAH CODE ANN. § 78-30-1(3)). Note that the Division of Human Services gives priority to legally married couples, but an individual who is not “cohabiting” may also adopt a child if it is in the best interest of the child. (2007 Utah Laws 255 / Chapter 255, 2007 General Session) (UTAH ADMIN. CODE R512-41-5(J)(1))

Permits a same-sex couple to jointly petition to adopt? No.
Unmarried, cohabitating couples are prohibited from petitioning to adopt. UTAH CODE ANN. §78-30-1(3).

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No.
A child may not be adopted by a person who is residing with, and involved in a sexual relationship with, another person in a relationship that is not a legal marriage. (UTAH CODE ANN. § 78-30-1(3))

Details: Utah law states that “A child may not be adopted by a person who is cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this state.  For purposes of this subsection . . . "cohabiting" means residing with another person and being involved in a sexual relationship with that person” (UTAH CODE ANN. § 78-30-1(3)).

The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.

Updated: Mon, December 14, 2009 - 12:00:44