Definitions.

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  • (1) "Adoptee" means a person who:
    • (a) is the subject of an adoption proceeding; or
    • (b) has been legally adopted.
  • (2) "Adoption" means the judicial act that:
    • (a) creates the relationship of parent and child where it did not previously exist; and
    • (b) except as provided in Subsections 78B-6-138(2) and (4), terminates the parental rights of any other person with respect to the child.
  • (3) "Adoption document" means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate.
  • (4) "Adoption service provider" means:
    • (a) a child-placing agency;
    • (b) a licensed counselor who has at least one year of experience providing professional social work services to:
      • (i) adoptive parents;
      • (ii) prospective adoptive parents; or
      • (iii) birth parents; or
    • (c) the Office of Licensing within the Department of Human Services.
  • (5) "Adoptive parent" means an individual who has legally adopted an adoptee.
  • (6) "Adult" means an individual who is 18 years of age or older.
  • (7) "Adult adoptee" means an adoptee who is 18 years of age or older and was adopted as a minor.
  • (8) "Adult sibling" means an adoptee's brother or sister, who is 18 years of age or older and whose birth mother or father is the same as that of the adoptee.
  • (9) "Birth mother" means the biological mother of a child.
  • (10) "Birth parent" means:
    • (a) a birth mother;
    • (b) a man whose paternity of a child is established;
    • (c) a man who:
      • (i) has been identified as the father of a child by the child's birth mother; and
      • (ii) has not denied paternity; or
    • (d) an unmarried biological father.
  • (11) "Child-placing agency" means an agency licensed to place children for adoption under Title 62A, Chapter 4a, Part 6, Child Placing.
  • (12) "Cohabiting" means residing with another person and being involved in a sexual relationship with that person.
  • (13) "Division" means the Division of Child and Family Services, within the Department of Human Services, created in Section 62A-4a-103.
  • (14) "Extra-jurisdictional child-placing agency" means an agency licensed to place children for adoption by a district, territory, or state of the United States, other than Utah.
  • (15) "Genetic and social history" means a comprehensive report, when obtainable, that contains the following information on an adoptee's birth parents, aunts, uncles, and grandparents:
    • (a) medical history;
    • (b) health status;
    • (c) cause of and age at death;
    • (d) height, weight, and eye and hair color;
    • (e) ethnic origins;
    • (f) where appropriate, levels of education and professional achievement; and
    • (g) religion, if any.
  • (16) "Health history" means a comprehensive report of the adoptee's health status at the time of placement for adoption, and medical history, including neonatal, psychological, physiological, and medical care history.
  • (17) "Identifying information" means information that is in the possession of the office and that contains the name and address of a pre-existing parent or an adult adoptee, or other specific information that by itself or in reasonable conjunction with other information may be used to identify a pre-existing parent or an adult adoptee, including information on a birth certificate or in an adoption document.
  • (18) "Licensed counselor" means an individual who is licensed by the state, or another state, district, or territory of the United States as a:
    • (a) certified social worker;
    • (b) clinical social worker;
    • (c) psychologist;
    • (d) marriage and family therapist;
    • (e) clinical mental health counselor; or
    • (f) an equivalent licensed professional of another state, district, or territory of the United States.
  • (19) "Man" means a male individual, regardless of age.
  • (20) "Mature adoptee" means an adoptee who is adopted when the adoptee is an adult.
  • (21) "Office" means the Office of Vital Records and Statistics within the Department of Health operating under Title 26, Chapter 2, Utah Vital Statistics Act.
  • (22) "Parent," for purposes of Section 78B-6-119, means any person described in Subsections 78B-6-120(1)(b) through (f) from whom consent for adoption or relinquishment for adoption is required under Sections 78B-6-120 through 78B-6-122.
  • (23) "Potential birth father" means a man who:
    • (a) is identified by a birth mother as a potential biological father of the birth mother's child, but whose genetic paternity has not been established; and
    • (b) was not married to the biological mother of the child described in Subsection (23)(a) at the time of the child's conception or birth.
  • (24) "Pre-existing parent" means:
    • (a) a birth parent; or
    • (b) an individual who, before an adoption decree is entered, is, due to an earlier adoption decree, legally the parent of the child being adopted.
  • (25) "Prospective adoptive parent" means an individual who seeks to adopt an adoptee.
  • (26) "Relative" means:
    • (a) an adult who is a grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, sibling of a child, or first cousin of a child's parent; and
    • (b) in the case of a child defined as an "Indian child" under the Indian Child Welfare Act, 25 U.S.C. Sec. 1903, an "extended family member" as defined by that statute.
  • (27) "Unmarried biological father" means a man who:
    • (a) is the biological father of a child; and
    • (b) was not married to the biological mother of the child described in Subsection (27)(a) at the time of the child's conception or birth.






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