ISSUES PRESENTED

I. Is postadoption memorandum of understanding enforceable in

court?
II. Can a natural parent agree to consent to adoption and still
have visitation rights?

BRIEF ANSWER

I. Yes. Under Utah Adoption Act: 78B-6-146, parties can enter

into postadoption agreement or contract. Section 3 of the
act provides for the requirements for it to be
enforceable and binding in courts.

II. Yes. Section 4 of the same Act allows a postadoption

contract to include visitation rights of the natural parent
or other birth relatives.

ANALYSIS

I. POSTADOPTION MEMORANDUM IS ENFORCEABLE.

Utah Adoption Act: 78B-6-146 discusses postadoption

contracts. In (1) of the act, it defines postadoption
contract as
“a document, agreed upon prior to the finalization of
an adoption of a child in the custody of the division,
that outlines the relationship between an adoptive
parent, birth parent, or other birth relative, and an
adopted child after the finalization of adoption.”

The said agreement between the adoptive parent and the

biological parents can be enforceable if it is:

“(a) approved by the court before the finalization of the

adoption, with the court making a specific finding that
the agreement is in the best interest of the child;
(b) signed by each party claiming a right or obligation
in the agreement; and
(c) if the adopted child is 12 years old or older,
approved by the child.”1

Once crafted and signed, it can only be modified with the

consent of the adoptive parent2. Also, only the court that

1
78B-6-146 (3)

1
 approves the postadoption contract has the jurisdiction
over its modification, termination and enforcement3.

II. NATURAL PARENT WHO CONSENTED TO ADOPTION CAN STILL HAVE

VISITATION RIGHTS.

Under 4(i) of the same Act provides:

(4) A postadoption contact agreement shall describe:
(i) visits, if any, that shall take place between
the birth parent, other birth relative, adoptive
parent, and adopted child;

Additionally, in UTAH CODE 78-30-4.16, any custody

order entered may also include provisions for visitation by
a biological parent or interested third party4.

CONCLUSION

So, even if a natural parent consents to the

adoption, it didn’t divest him/her of any visitation
rights. Natural parents, even other biological relatives of
the child, can agree with the adoptive parents to allow
them to see the adopted child.

2
78B-6-146 (6)
3
78B-6-146 (12)
4
78-30-4.16 (5)