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Senate approves adoption-code revisions clarifying stepparent adoption rights and raising counseling fee cap

Utah Senate · March 4, 2009
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Summary

Senators approved House Bill 42, an Adoption and Revisions bill, clarifying parental rights in certain stepparent adoptions and increasing required birth-parent counseling from $250 to $400; the measure passed third-reading by a recorded vote of 22-1 with 6 absent.

The Utah Senate voted March 4 to advance House Bill 42, an adoption-code cleanup measure recommended by the Health and Human Services Interim Committee.

Senator Lundinquist presented the bill and said it corrects a gap in the adoption code (citing the code section discussed on the floor) to clarify that a biological parent who is married to a stepparent who adopts the child retains parental rights in the narrow circumstance described. Lundinquist also noted a $250-to-$400 increase in the amount adoptive parents can be required to pay for birth-parent counseling and several technical clarifications aligned with judges' requests.

The Senate recorded the third-reading roll call for HB42: "having received 22 yay votes, 1 nay vote, 6 being absent," and the bill was placed at the bottom of the third-reading calendar.

The sponsor said the bill was largely a consensus product from the Adoption Council and the interim committee and described it as narrowly tailored to preserve parental rights in the enumerated circumstance.

Next steps: HB42 will be considered on third reading as scheduled on the chamber calendar.