(1) An adult may adopt a minor child in accordance with this section and this chapter. (2) Except as otherwise provided in this section and subject to the placement requirements described in Section 81-13-403, a minor child may be adopted by: (a) adults who are legally married to each other in accordance with the laws of this state, including adoption by a stepparent; or (b) an adult who is not married. (3) If an adult is cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this state, the adult may not adopt a minor child unless the individual is a relative of the minor child or a recognized placement under the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq. (4) A married adult who is lawfully separated from the married adult's spouse may not adopt a minor child without the consent of the married adult's spouse if the spouse is capable of giving consent. (5) An adult may not adopt a minor child unless: (a) the adult is at least 10 years older than the minor child; or (b) at least one adult of a married couple is at least 10 years older than the minor child if a married couple is adopting the minor child. (6) Except as provided in Subsection (7), an adult may not adopt a minor child if, before adoption is finalized, the adult has been convicted of, pleaded guilty to, or pleaded no contest to a felony or attempted felony involving conduct that constitutes: (a) child abuse, as described in Section 76-5-109; (b) aggravated child abuse, as described in Section 76-5-109.2; (c) child abandonment, as described in Section 76-5-109.3; (d) child torture, as described in Section 76-5-109.4; (e) commission of domestic violence in the presence of a child, as described in Section 76-5-114; (f) child abuse homicide, as described in Section 76-5-208; (g) child kidnapping, as described in Section 76-5-301.1; (h) human trafficking of a child for labor, as described in Section 76-5-308.5; (i) human trafficking of a child for commercial sexual exploitation, as described in Section 76-5-308.6; (j) patronizing a child victim of human labor trafficking, as described in Section 76-5-314; (k) sexual abuse of a minor, as described in Section 76-5-401.1; (l) rape of a child, as described in Section 76-5-402.1; (m) object rape of a child, as described in Section 76-5-402.3; (n) sodomy on a child, as described in Section 76-5-403.1; (o) sexual abuse of a child, as described in Section 76-5-404.1; (p) aggravated sexual abuse of a child, as described in Section 76-5-404.3; (q) sexual exploitation of a minor, as described in Section 76-5b-201; (r) aggravated sexual exploitation of a minor, as described in Section 76-5b-201.1; (s) possession of apparent child sexual abuse material, as described in Section 76-5b-207; (t) distribution of apparent child sexual abuse material, as described in Section 76-5b-208; (u) unlawful activity regarding obscene material depicting the sexual abuse of a minor, as described in Section 76-5b-209; or (v) an offense in another state that, if committed in this state, would constitute an offense described in this Subsection (6). (7) (a) As used in this Subsection (7), "disqualifying offense" means an offense listed in Subsection (6) that prevents a court from considering an adult for adoption of a minor child except as provided in this Subsection (7). (b) An adult described in Subsection (6) may only be considered for adoption of a minor child if the following criteria are met by clear and convincing evidence: (i) at least 10 years have elapsed from the day on which the adult is successfully released from prison, jail, parole, or probation related to a disqualifying offense; (ii) during the 10 years before the day on which the adult files a petition with the court seeking adoption, the adult has not been convicted, pleaded guilty, or pleaded no contest to an offense greater than an infraction or traffic violation that would likely impact the health, safety, or well-being of the minor child; (iii) the adult can provide evidence of successful treatment or rehabilitation directly related to the disqualifying offense; (iv) the court determines that the risk related to the disqualifying offense is unlikely to cause harm, as defined in Section 80-1-102, or potential harm to the minor child currently or at any time in the future when considering all of the following: (A) the minor child's age; (B) the minor child's gender; (C) the minor child's development; (D) the nature and seriousness of the disqualifying offense; (E) the preferences of a minor child who is 12 years old or older; (F) any available assessments, including custody evaluations, home studies, pre- placement adoptive evaluations, parenting assessments, psychological or mental health assessments, and bonding assessments; and (G) any other relevant information; (v) the adult can provide evidence of all of the following: (A) the relationship with the minor child is of long duration; (B) that an emotional bond exists with the minor child; and (C) that adoption by the individual who has committed the disqualifying offense ensures the best interests of the minor child are met; and (vi) the adoption is by: (A) a stepparent whose spouse is the adoptee's parent and consents to the adoption; or (B) subject to Subsection (7)(d), a relative of the minor child, as defined in Section 80-3-102, and there is not another relative without a disqualifying offense filing an adoption petition. (c) The adult with the disqualifying offense bears the burden of proof regarding why adoption with that adult is in the best interest of the minor child over another responsible relative or equally situated adult who does not have a disqualifying offense. (d) If there is an alternative responsible relative who does not have a disqualifying offense filing an adoption petition: (i) preference for adoption shall be given to a relative who does not have a disqualifying offense; and (ii) before the court may grant adoption to the adult who has the disqualifying offense over another responsible, willing, and able relative: (A) an impartial custody evaluation shall be completed; and (B) a guardian ad litem shall be assigned. (8) Subsections (6) and (7) apply to a case pending on March 25, 2017, for which a final decision on adoption has not been made and to a case filed on or after March 25, 2017.
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