New laws are changing how adoption works in Utah — What you should know

SALT LAKE CITY (ABC4) — Two new laws signed by Governor Cox are changing how adoption works within the Beehive State.

H.B. 129, “Adoption Records Access Amendments,” and H.B. 141, “Adoption Modifications,” were among the 75 bills that Cox signed Monday afternoon. These bills change important rules around adoption records and preplacement evaluations.

Among its provisions, H.B. 129 will allow adult adoptees to access the records of their adoption when they reach the age of 18, as long as there isn’t a court order sealing the records. The law will allow the adoptee to inspect:

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• The report of adoption;
• The original birth certificate;
• The findings of fact for the adoption, and
• The final decree of adoption.

The adoptee will be allowed to view these records without a court order. The only exception to this is if a pre-existing parent (meaning the birth parent of the adult adoptee) files a petition with the court to seal the record. This must be done before the adoptee reaches the age of 18 and can be done in 10-year increments.

These petitions can only be accepted by the courts if a pre-existing parent can show by sworn affidavit that the adoptee’s access to the documents mentioned would “place the pre-existing parent in reasonable fear of harm from an individual.” This must be done every 10 years in order to keep the record sealed.

Barring changes that might occur if S.B. 119 — which discusses domestic relations — is signed into law, these changes would take effect on Nov. 1, 2025.

In addition to records access, preplacement evaluations are also seeing some changes. H.B. 141 makes exceptions to who is required for what are also called home studies. These new exceptions include:

• Individuals previously married to the pre-existing parent (and has lived with the child for at least 180 days), or
• A home where the child has lived for at least one year.

Including these two laws, Cox has signed a total of 176 bills into law and vetoed one bill. This leaves 405 bills for the governor to act on before the Mar. 27 deadline.