Senate advances adoption-records and step-parent adoption revisions to third reading

The Utah State Senate moved a second-substitute version of Senate Bill 54 to third reading after extended debate on confidentiality and access to adoption files.

Sponsor Senator Wyler said the bill would clarify when adoption agencies may provide non‑identifying information to adult adoptees and, in limited instances, allow a stepparent to adopt after divorce. "This is a very small step that will allow adoption agencies, to release information only if the adopted child is now an adult and is requesting information," Wyler said during floor remarks.

Wyler told colleagues the substitute keeps a narrow set of circumstances for step‑parent adoptions following a divorce: (1) the step‑parent was previously married to the biological parent, (2) the biological parent consents or is incapable of consenting, and (3) the adoption is in the child's best interest. He said the provision is expected to apply to fewer than five adoptions per year.

The sponsor and supporters emphasized safeguards for birth parents. As Wyler explained, "If that child who was placed in 1974 went back to the same adoption agency and said, hey, can you release that information to me, that adoption agency would have to go to the birth mother and obtain in writing her permission to release that information." He said the substitute is designed to open a narrow path to reunions while honoring prior confidentiality agreements.

Several senators asked why the bill uses permissive language — "may" rather than "shall" — for agencies releasing files. Wyler and others said the permissive formulation reflects practical limits: agencies may have destroyed records, be out of business, or otherwise lack access to historical files. "If we put a shall in there, I think you might have people suing for damages," he said. Senators said they would revisit specifics on third reading.

The body debated other technical changes in the substitute, including sealing of documents filed with the court alongside petitions in certain adoption proceedings and permitting agencies to provide non‑identifying health and family history to eligible adults in limited circumstances.

The Senate moved the second substitute to third reading; the measure will return for final consideration on the third‑reading calendar.

Ending: The Senate recorded the substitute motion and scheduled the bill for third reading; no final enactment occurred on this floor during the recorded session.