Adoption and Divorce in Utah: Legal Guidance for Families
Navigating Adoption During Divorce in Utah
Navigating adoption during or after a divorce in Utah requires a clear understanding of how family dynamics and legal obligations shift. Whether you are a parent who previously adopted a child with your former spouse or a stepparent seeking adoption post-divorce, it’s essential to ensure your parental rights are properly protected.
In Utah, adopted children have the same legal standing as biological children in a divorce. Custody, visitation, and support are determined based on the best interests of the child. If a stepparent was in the process of adopting a child before a divorce, the adoption could be significantly impacted or halted. Additionally, post-divorce adoptions—such as a former stepparent seeking to adopt—require careful legal considerations, including consent from the biological parents and court approval.
At Porter Law Firm, we help clients navigate the complexities of adoption in divorce, ensuring that parental rights are legally secured while prioritizing the well-being of the child.


How Divorce Impacts Adoption in Utah
Stepparent Adoptions and Divorce
If a stepparent is in the process of adopting their spouse’s child and divorce proceedings begin before the adoption is finalized, the adoption may be halted. Utah law generally requires the adopting stepparent to be married to the biological parent at the time of the adoption. If the marriage ends before finalization, the court may deny the adoption.Existing Adoptions and Divorce
If a couple has previously adopted a child, the adopted child is treated the same as a biological child in the divorce. Custody, visitation, and child support will be determined based on the child’s best interests just as they would be in any other divorce case.Post-Divorce Adoption
In certain cases, a former stepparent may wish to adopt the child after the divorce. To do so, they must demonstrate a strong, established relationship with the child and obtain either consent from both biological parents or a termination of parental rights from the non-custodial parent. Courts will determine whether the adoption is in the child’s best interests before granting approval.
FAQs
Does divorce affect an existing adoption?
No, an adopted child is treated the same as a biological child in divorce proceedings. Custody, visitation, and child support are determined based on the best interests of the child.
Can a stepparent adoption be completed after a divorce?
Yes, but it can be more complex. A former stepparent may seek adoption if they have a strong existing relationship with the child, but they must obtain consent from the biological parent(s) or go through a parental rights termination process.
What happens if a divorce is filed during a stepparent adoption?
If a divorce is initiated before a stepparent adoption is finalized, the court may halt the adoption, as Utah law requires the adopting parent to be married to the biological parent at the time of adoption.
Learn from the Experts
Our Blog
How Divorce Affects Stepparent Adoptions in Utah
Can a Stepparent Still Adopt a Child After Divorce?
Parental Rights and Adoption Issues During Divorce Proceedings
I am very grateful for Jonathan Porter and the wonderful team at Porter law firm. Everyone I've had the pleasure to work with has been extremely helpful, empathetic, and informative every step of the way. I would certainly recommend this firm 100 times over.
michael wood
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Dr Doofenshmirtz
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Allison Shaffer
September 23, 2024Our journey began shortly after I returned from the last deployment of my career. I learn that my children had been moved across the country and I was being told I could only see them on/around summer break and winter breaks. This was alarming given that I was court ordered the majority custody of my children. After one hearing with Porter Law Firm my children were returned into my custody. Unfortunately, what seemed to be a simple enforcement issue, became a bit of a living nightmare. I started working initially with Cassidy, who is a really amazing and caring person, but shortly thereafter worked mostly with Stephanie and Jon directly. Stephanie has been nothing short of phenomenal, there have been too many instances in which I have needed her and Jon's expert advice, and albeit this moderately simple enforcement case became quite complex in the blink of an eye. With that being said, given the complexity, Stephanie and Jon are great at providing quick and accurate answers to the many questions I have had. We are nearing what I hope to be the conclusion of this ordeal and regardless of the outcome, I have felt that they have been there for me when I needed them the most. To be a little more descriptive, there have been many conversations derived by a lot of emotions, (and admittedly I can be a bit long winded) yet each time I am in contact with them it really feels like they are hearing me as more than that of a client, but as a person. While it has been difficult to process that sometimes things take longer than what I would hope they did, I can say that after working with Porter Law-Firm for well over a year, I am grateful for all they have done to help!
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Eder Nogueron
July 23, 2024At the recommendation of many women in a similar situation, I called Porter Law Firm. The consultation with Jonathan was my second (the first with a different firm). I was so glad I made the choice to go with them. Both Jonathan and his paralegal Cassidy made sure I always knew what was going on with my divorce/custody case and showed that they cared. They did a great job answering my questions and working with my requests. I hope I never have to use them again, but if I do, I know where I’m going! Heartfelt thanks to Porter Law Firm!
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Gina Barnes
November 23, 2024Jonathan was very thorough in helping me with my divorce. I had a pretty complex situation but he was planned and prepared every step of the way. We were able to come to a resolution without a trial and he had everything drafted and prepared at our pre trial scheduling conference. He had my back the whole way and I’m truly grateful for him and his fantastic paralegal, Stephanie. She was always very quick to get back to me with any questions I had. I would highly recommend Jonathan to any and everyone going through a divorce. I’m so thankful I had him and Stephanie through the process.
Chelsey Olsen
March 23, 2024