(a) An unmarried individual or a married couple may petition to adopt a minor. (b) An unmarried couple may not adopt a minor. (c) A group of more than two individuals may not adopt a minor. (d) If a petitioner is married, the petition for adoption shall be filed jointly by both spouses; provided, however, that when the minor is a stepchild of the party seeking to adopt, the petition shall be filed in the name of the stepparent alone. (e) Each petitioner seeking to adopt a minor shall be all of the following: (1) An adult. (2) At least 10 years older than the adoptee, unless either of the following are true: a. The petitioner is a stepparent or relative and files for adoption pursuant to Sections 26-10E-26 or 26-10E-27. b. The probate court finds, based on evidence in the record, that the adoption is in the best interest of the adoptee. (3) A bona fide resident of this state at the filing of the petition for adoption or a bona fide resident of the receiving state when the adoptee was born in this state and was placed in compliance with Section 38-7-15 and Section 44-2-20 relating to the Interstate Compact on the Placement of Children. (f) No rule of any state department shall prevent an adoption by a petitioner solely because the petitioner is employed outside the home. The State Department of Human Resources may require the petitioner to remain in the home with an adoptee for a reasonable period of time, not to exceed 60 calendar days, when the state department determines that the adoptee requires the presence of the petitioner to ensure his or her adjustment. (g) No rule of any state department shall prevent an adoption by an unmarried petitioner solely because the petitioner is unmarried. No rule of any state department shall prevent an adoption solely because the petitioner is of a certain age, except as provided in subsection (e). (h) The State Department of Human Resources shall provide by rule the process through which an individual seeking to participate in foster care or adoption may apply for an exemption from any vaccination requirement for religious or other appropriate reason for himself, herself, or any other individual in his or her household.
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