HB 51: Adoption Amendments - Utah

Substitute #4 → Enrolled · 8 edits · Mar 25, 2026

MODERATE

This bill updates adoption consent rules to clarify when parental rights are impliedly abandoned and allows minors under 18 to consent to adoption. It also introduces a new affidavit requirement for prospective adoptive parents to disclose all fees and expenses paid to birth parents, while exempting stepparent adoptions from this reporting rule.

Scope change

The bill expands the scope of adoption oversight by requiring financial disclosures for most adoptions and clarifies the legal status of unmarried biological fathers and minor parents in consent scenarios.

REQUIREMENT

Requires prospective adoptive parents to file an affidavit detailing all legal, medical, living, and gift expenses paid to birth parents before a final adoption decree.

Mandates that child-placing agencies and attorneys submit copies of the fee affidavit to the state Department of Health and Human Services within 60 days of finalizing an adoption.

Establishes a 72-hour revocation window for birth parents to cancel their consent after signing, which can be waived in writing.

DEFINITION

Defines 'abandonment' as a failure to provide financial and emotional support for 180 days prior to birth, which can result in implied consent to adoption.

ELIGIBILITY

Confirms that birth parents under 18 have the same power to consent to adoption as adults and cannot revoke that consent upon turning 18.

ENFORCEMENT

Gives the Office of Licensing authority to investigate and suspend or revoke the licenses of child-placing agencies that fail to comply with new fee disclosure requirements.

TIMELINE

Updates the effective date of the bill from February 2026 to May 6, 2026.

EXEMPTIONS

Exempts adoptions where the prospective adoptive parent is the legal spouse of a birth parent from the new fee affidavit and reporting requirements.

Substitute #3 → Substitute #4 · 11 edits

MAJOR

This bill updates Utah's adoption laws to strengthen protections for birth parents and standardize practices for child-placing agencies. Key changes include restricting which entities can operate as adoption agencies, creating a mandatory statewide consortium for private agencies, clarifying financial limits on payments to birth parents, and establishing new reporting requirements for health care facilities and adoption agencies.

Scope change

The bill narrows the scope of who can operate as a child-placing agency offering adoption services to only nonprofit organizations or private entities (removing for-profit entities), and expands the definition of the required statewide consortium to include all private agencies.

ELIGIBILITY

Child-placing agencies that offer only adoption services must now be nonprofit organizations or private entities; for-profit agencies are no longer eligible to provide these services.

REQUIREMENT

A new statewide consortium was created to include one member from each private adoption agency, which must meet quarterly to review fee requests and report on agency activities.

The weekly allowance paid to birth parents is now strictly limited to $200 per week for the parent and $75 per week for dependents, distributed weekly rather than as a lump sum.

Health care facilities providing birthing services must now notify the Office of Licensing if they file complaints against adoption agencies or have concerns about unethical practices.

Mental health therapy for birth parents is now capped at $800 total (previously $400), with the cost potentially covered by the agency or adoptive parents.

New restrictions prohibit licensed agencies from transporting birth mothers who are 36 weeks pregnant or under 18 years old to Utah.

Agencies must now verify if an out-of-state birth mother receives Medicaid benefits before arranging transport to Utah.

Agencies must submit detailed forms to the Office of Licensing for every birth parent they serve, including data on choices made, dates, locations, and all financial transactions.

The affidavit required before finalizing an adoption now includes specific itemized disclosures of legal, medical, living, and agency fees paid to birth parents.

Agencies must display on their websites information on how to file complaints and any warnings or violations issued by the Office of Licensing in the past three years.

DEFINITION

The definition of 'child-placing agency' in the consortium section was updated to specifically refer to private entities providing adoption services.

Substitute #2 → Substitute #3 · 7 edits

MODERATE

This bill revises Utah's adoption laws to increase transparency and restrict financial incentives for birth parents. Key changes include raising the maximum allowable weekly allowance for birth parents from $200 to $200 (with a new limit of $75 for dependents) and increasing the total counseling budget for birth parents from $400 to $800. The bill also restricts child-placing agencies to providing services only to birth mothers and prospective adoptive parents, creates a new statewide consortium to oversee agency fees, and adds stricter reporting requirements for agencies transporting birth mothers across state lines.

Scope change

The bill narrows the scope of permitted child-placing agencies by requiring them to be members of a new statewide consortium and limiting their services to specific parties involved in the adoption process. It also introduces new definitions for 'child-placing agency that only offers adoption services' which triggers specific regulatory requirements.

FISCAL

Increased the maximum total counseling budget for birth parents from $400 to $800.

Adjusted weekly allowance limits to $200 per week for birth parents and $75 per week for directly affected dependents.

REQUIREMENT

Created a new statewide consortium of licensed child-placing agencies to review fee requests and report on industry practices.

Added stricter reporting requirements for agencies transporting birth mothers, including verification of Medicaid status and documentation of transport details.

Mandated that child-placing agencies disclose financial interests in service providers receiving payments to birth parents.

DEFINITION

Added specific definitions for 'child-placing agency that only offers adoption services' to distinguish them from agencies providing broader human services.

TIMELINE

Changed the deadline for submitting adoption fee affidavits from 75 days to 60 days after finalization.

Substitute #1 → Substitute #2 · 7 edits

MODERATE

This bill significantly updates Utah's adoption laws to increase transparency, protect birth parents from coercion, and standardize financial practices. Key changes include raising the maximum reimbursable living expenses for birth parents from $6,000 to $8,000, increasing the mandatory mental health counseling allowance from $400 to $800, and creating a new statewide consortium to oversee agency compliance. The bill also adds strict rules prohibiting agencies from transporting late-term pregnant women to Utah and requires detailed reporting on all adoption fees and expenses.

Scope change

The bill expands the scope of oversight by creating a new mandatory statewide consortium for all licensed child-placing agencies and adds specific requirements for health care facilities regarding adoption services.

FISCAL

Increased the maximum living expenses an agency can pay for a birth parent from $6,000 to $8,000 and raised the mandatory mental health therapy allowance from $400 to $800.

REQUIREMENT

Created a new statewide consortium of licensed agencies to review fee requests and report on industry practices to the legislature.

Prohibited licensed agencies from transporting or arranging transport for birth mothers who are 36 weeks pregnant or older, or who are under 18 years old.

Mandated that health care facilities providing birthing services develop policies on adoption services and notify the licensing office of any complaints against agencies.

Added a requirement for agencies to submit detailed annual forms reporting specific data points on birth parent choices, expenses, and Medicaid usage.

Expanded the definition of coercion to include specific behaviors like preventing contact with supports or promising financial benefits in exchange for relinquishment.

DEFINITION

Defined new terms including 'matching advertisement' and 'weekly allowance' to clarify permissible advertising and financial support practices.

Introduced → Substitute #1 · 7 edits

MODERATE

This bill significantly overhauls Utah's adoption laws to increase transparency, protect birth parents from coercion, and standardize financial practices. Key changes include raising the maximum counseling fee for birth parents from $400 to $800, capping weekly living allowances at $200, and requiring agencies to disclose all fees in court affidavits. The bill also creates a new statewide consortium to oversee agencies, mandates that child-placing agencies be nonprofit organizations starting in 2027, and expands protections for birth mothers by restricting transport of those at 36+ weeks gestation.

Scope change

The bill expands the definition of 'child-placing agency' to include both adoption and foster placement agencies, and creates a new mandatory statewide consortium for all licensed agencies to ensure they serve all birth mothers and adoptive parents.

REQUIREMENT

Increased the maximum fee for mandatory birth parent counseling from $400 to $800 and raised the weekly living allowance cap to $200 per week.

Mandated that all child-placing agencies must be nonprofit organizations effective January 1, 2027.

Restricted agencies from transporting birth mothers who are 36 weeks or more pregnant or under 18 years old to Utah.

Required agencies to provide specific guidance on trauma, attachment issues, and cultural differences to prospective adoptive parents.

DEFINITION

Created a new statewide 'Utah Child-Placing Adoption Agency Consortium' to advise the Legislature and review requests for fee limit exceptions.

ENFORCEMENT

Required health care facilities to notify the Office of Licensing if they take action against an adoption agency or observe unethical practices.

TIMELINE

Extended the deadline for agencies to submit adoption fee affidavits to the Office of Licensing from 30 days to 75 days after finalization.

Adoption Amendments

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