(1) A pre-existing parent of an adult adoptee: (a) is released from all parental rights and duties toward and all responsibilities for the adult adoptee, including residual parental rights and duties, as defined in Section 80-1-102; and (b) has no further parental rights or duties with regard to the adult adoptee at the earlier of: (i) the time the pre-existing parent's parental rights are terminated; or (ii) except as provided in Subsection (2), and subject to Subsections (3) and (4), the time the final decree of adoption is entered. (2) The parental rights and duties of a pre-existing parent who, at the time the adult adoptee is adopted, is lawfully married to the individual adopting the adult adoptee are not released under Subsection (1)(b). (3) The parental rights and duties of a pre-existing parent who, at the time the adult adoptee is adopted, is not lawfully married to the individual adopting the adult adoptee are released under Subsection (1)(b). (4) (a) Notwithstanding the provisions of this section, the court may allow a prospective adoptive parent to adopt an adult adoptee without releasing the pre-existing parent from parental rights and duties under Subsection (1)(b) if: (i) the pre-existing parent and the prospective adoptive parent were lawfully married at some time during the adult adoptee's life; (ii) the pre-existing parent consents to the prospective adoptive parent's adoption of the adult adoptee or is unable to consent because the pre-existing parent is deceased or incapacitated; (iii) notice of the adoption proceeding is provided in accordance with Section 81-13-303; (iv) consent to the adoption is provided in accordance with Section 81-13-304; and (v) the court finds that it is in the best interest of the adult adoptee to grant the adoption without releasing the pre-existing parent from parental rights and duties. (b) This Subsection (4) does not permit an adult adoptee to have more than two parents. (5) This section may not be construed as terminating any child support obligation of a parent incurred before the adoption.
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