Let’s break down what that means and when exceptions apply.
Who Needs to Give Consent?
To complete a step-parent adoption in Utah, you’ll usually need consent from:
- The non-custodial parent — the parent who doesn’t have custody.
- The child, if they’re 12 years or older.
- The custodial parent is typically the spouse of the adopting step-parent.
If anyone doesn’t consent, you’ll need to serve them with a legal notice. This notice is called the Notice of Petition to Adopt and Notice of Rights. After that, they have 30 days to respond by filing a motion to intervene. If they don’t respond, you may still be able to move forward with the adoption.
When Consent Isn’t Needed
Sometimes, you can move ahead without getting the other parent’s consent. This usually happens when:
- Parental rights have already been terminated due to abuse, neglect, or abandonment.
- The non-custodial parent is unfit or hasn’t been involved in the child’s life.
- The parent is missing or can’t be found after reasonable efforts have been made.
In these cases, the court can waive the consent requirement — but only if it’s in the child’s best interest.
What If the Other Parent Doesn’t Consent?
If the non-custodial parent refuses to consent or ignores the notice, here’s what happens:
- Serve the notice — you must deliver the official paperwork to the non-custodial parent.
- Wait 30 days — this gives them time to respond.
- Court review — if they object, the court will hold a hearing to decide what’s best for the child.
- No response? — if they don’t act within 30 days, the court may allow the adoption to proceed.
Every case is different, so legal advice can help you avoid mistakes and delays.
Need Help?
Step-parent adoption can feel complicated, especially if the other parent is uncooperative. But you don’t have to figure it out alone. We’re here to help make the process smoother.