Who Can Adopt in Utah? A Guide to State Adoption Laws

Adoption is a life-changing decision. For prospective parents, it’s the start of a new chapter filled with responsibilities, legal commitments, and emotional rewards.

But before anyone can adopt, they need to meet specific requirements under state law.  

If you’re considering adoption in Utah, it’s important to know exactly who qualifies. The state has clear rules to help protect the child’s best interests. Understanding the adoption eligibility requirements can help you avoid delays and start the process with confidence. 

In this post, we cover the basics of adoption law in Utah, as well as who’s eligible to adopt, and what factors the courts consider when approving an adoption.  

Who is Eligible for Adoption in Utah?  

According to adoption laws in Utah, the following people are generally eligible to adopt:  

• Any adult who is at least 21 years old  
• A married couple jointly  
• A stepparent (under certain conditions)  
• A relative, including a grandparent, aunt, or uncle  

However, eligibility doesn’t automatically mean approval. The courts will take a closer look at your background, your home life, and your ability to meet the child’s needs.  

Can Unmarried Adults Adopt?  

Yes, unmarried adults are allowed to adopt in Utah, but there are some legal boundaries to be aware of.  

The state does not disqualify someone from adopting simply because they are single. In fact, many single adults have completed adoptions successfully. However, Utah adoption laws do include a specific restriction that affects people in unmarried cohabiting relationships.  

Under current law, an unmarried adult who is living with a partner in a sexual relationship cannot adopt unless they are legally married to that partner.   

This restriction applies even if both individuals are stable, financially secure, and otherwise meet all adoption eligibility requirements. The reasoning behind this law is tied to how Utah defines the legal and moral environment that is considered suitable for raising a child.  

That said, if you are single and not living with a partner, you can absolutely pursue adoption on your own. You will still need to go through the same steps as any other applicant, including the background check, home study, and court approval process.   

And while being single doesn’t disqualify you, the court will take a closer look at your support system, financial readiness, and overall stability.  

It’s also worth noting that in practice, courts look at the entirety of the situation. They are focused on the child’s best interests. As long as you’re able to demonstrate that you can provide a safe, loving, and permanent home, your marital status alone will not prevent you from adopting.  

Can Same-Sex Couples Adopt?  

Yes. Same-sex married couples have the same rights as opposite-sex married couples under Utah adoption laws. After the Supreme Court ruling in 2015 that legalized same-sex marriage across the U.S., Utah updated its policies accordingly.  

Today, same-sex spouses can adopt together, and one partner can also file for a stepparent adoption of the other’s biological child.  

What About Stepparent Adoptions?  

Stepparent adoptions are very common in Utah. They are often simpler than traditional adoptions because the adoptive parent is already part of the child’s life. However, the process still requires terminating the legal rights of the noncustodial biological parent unless those rights have already been terminated.

In these cases, adoption eligibility still applies: the stepparent must pass a background check and receive court approval.  

Can Relatives Adopt?  

Yes. Grandparents, aunts, uncles, and adult siblings often step in when a child’s biological parents are unable to care for them. This is called a kinship adoption.  

The state gives preference to family placements when it’s safe and in the child’s best interest. Kinship adoptions still follow standard adoption law in Utah, including home studies and court proceedings. But some steps, like background checks, may be streamlined.  

What About International and Private Adoptions?  

Utah allows several types of adoption, including:  

• Private domestic adoptions, where a birth parent places their child with adoptive parents through an agency or attorney  
• International adoptions, where the child is adopted from another country and brought to the U.S.  
• State adoptions, through the Utah Division of Child and Family Services (DCFS)  

Each type has slightly different adoption eligibility requirements, but all must comply with Utah adoption laws. For example, international adoptions involve both U.S. immigration law and foreign adoption law, making them more complex and often more expensive.  

Adopting Through Utah’s DCFS  

Many adoptions in Utah happen through the foster care system. These typically involve children who are wards of the state due to abuse, neglect, or other family issues.  

To adopt through DCFS, you must:  

• Be at least 21 years old  
• Complete training classes and a home study  
• Pass a background check  
• Receive final approval from the state  

Foster care adoptions typically come with financial assistance, including help with legal fees, medical coverage, and monthly subsidies until the child turns 18.  

Background Checks and Home Studies  

No matter who you are or what kind of adoption you’re pursuing, you’ll need to complete a background check and a home study.  

Background checks include:  

• Criminal history  
• Child abuse and neglect records  
• FBI fingerprinting  

Home studies include:  

• Interviews with the prospective adoptive parent(s)  
• A review of the home environment  
• Evaluation of parenting readiness  
• Financial stability  

These steps are used to determine whether the prospective parent can provide a safe, stable, and nurturing home. If concerns arise during the home study, the adoption may be delayed or denied.  

When Do You Need to Work with an Attorney?  

Adoption may seem like a personal or even informal process, but it is still a legal matter that carries long-term consequences. That’s why working with an experienced Utah family law attorney is recommended for nearly every situation.  

Even if your adoption seems simple on the surface, an attorney can help you:  

• Prepare and file the correct paperwork to avoid delays or denials from the court.  
• Communicate with birth parents, agencies, and social workers to make sure nothing is left unresolved.  
• Manage sensitive legal issues such as contested adoptions, parental consent, or termination of rights.  
• Represent you in hearings and explain your responsibilities clearly, so you feel confident at every step.  

Attorneys who understand adoption law in Utah can also help you avoid costly missteps. Adoption is a detailed process with strict filing deadlines, required disclosures, and court appearances. The right attorney will not only guide you through the process—they’ll also help make sure the outcome is secure and legally binding.  

Final Thoughts  

Adoption is a major commitment, and the state of Utah has put laws in place to protect the well-being of children. Whether you’re a stepparent, a single adult, a married couple, or a relative stepping in during a family crisis, understanding your rights and responsibilities under Utah adoption laws is the first step.

Ready to move forward or have questions about your situation? The team at Henriksen & Henriksen can help. We’ve guided countless families through the adoption process in Utah, from relative adoptions to DCFS placements and private cases.  Call us today to schedule a consultation and get clear, professional advice.