This guide breaks down the key requirements, the legal steps, and what to expect from start to finish.
Why Choose Adult Adoption?
Adult adoption lets you make a lifelong connection official. Common reasons include:
- A stepparent adopting a now-adult stepchild
- Legal recognition between a foster parent or guardian and a former child in their care
- Reunification with a biological parent
- LGBTQ+ family members securing parental rights
- Legal planning for inheritance or caregiving roles
Whatever the reason, Utah law allows it—as long as both adults agree.
Who Can File for Adult Adoption?
Any adult who is at least 10 years older than the person they wish to adopt may file for adoption in Utah. The court reviews the relationship to ensure it’s genuine and not being used for improper purposes (e.g., evading immigration or tax laws).
Where to File?
The adoption must be filed in a Utah district court where:
- The petitioner (adoptive parent) resides, or
- Where the adoptee lives, or was born
If you live in Layton, Utah, you’re covered under the Second District Court’s jurisdiction.
What Are the Legal Requirements?
To adopt an adult in Utah, you’ll need to meet these basic requirements:
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Consent: The person being adopted must sign a written consent form
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Spousal Consent: If the adoptee is married, their spouse must also agree (unless the court waives it). The Petitioner’s Spouse must also consent.
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Age Gap: You must be at least 10 years older than the person you’re adopting
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Legal Status: The adoptee must be a U.S. citizen or have lawful status
You don’t need a home study. You don’t need to terminate parental rights. And you don’t need the biological parents’ permission.
The Process Step by Step
1. Prepare the Petition
File a Petition for Adult Adoption with the district court in the correct jurisdiction. The petition includes the names of both parties, the reason for adoption, and basic identifying information.
2. Get All Required Consents
- Adult Adoptee
- Adoptee’s Spouse if the adult adoptee is married
- Any individual who is adopting an adult
- The spouse of the individual adopting the adult
- Any legally appointed guardian or custodian of the adult adoptee
3. Notify Interested Parties
Utah law requires that certain parties be notified of the adoption at least 30 days before the court hearing, including:
- The adoptee
- The petitioner
- The petitioner’s spouse
- The adoptee’s spouse
- Any legal guardian or custodian, if applicable
After the adoption, you are not required to notify the adoptee’s birth parents. It’s your choice.
4. Court Hearing
A judge will review the petition and may ask brief questions to confirm that the adoption is voluntary and in good faith. If everything is in order, the judge will issue a Final Decree of Adoption.
5. Post-Adoption Steps
The adoptee can legally change their name, update identification documents, and amend their birth certificate if desired.
What Changes Legally?
After adoption:
- The adoptee becomes your legal child under Utah law
- They gain full inheritance rights
- You become their legal parent in every way—except for immigration purposes (adult adoption doesn’t help with visas or green cards)
- The adoptee can change their name as part of the process
- You can’t adopt someone you’re married to
Final Thoughts
Adult adoption in Utah is relatively simple but carries lifelong legal and emotional implications. It’s a powerful way to recognize chosen family, clarify legal relationships, and provide future security. To ensure everything goes smoothly, consider consulting with an attorney who understands Utah adoption law—especially if you’re dealing with inheritance, estate planning, or complex family dynamics.
Need help with adult adoption in Layton, Utah? This guide gives you the basics, but local legal support can make the process even easier.