South Jordan, UT asked in Adoption, Child Custody and Family Law for Utah

Q: If a friend is pregnant and wants to give you custody of her baby, what legal action,if any, do u need to do.

Do you have to go through an adoption agentcy or does she just sign over custody?

2 Lawyer Answers

A: As to your question in general, it comes down to what you want to do.

1. Temporary custody: This allows you to have custody of the child for a limited period, typically up to 6 months. However, it can be revoked at any time by the birth parents. Drafting this document requires meeting certain requirements.

2. Guardianship: This provides a legal relationship where a person (the guardian) is granted custody and control of the child. However, like temporary custody, the birth parents can file a motion to dismiss it at any time.

3. Adoption: This is the most permanent option. It legally establishes a parent-child relationship between the adoptive parent(s) and the child, severing the legal ties between the child and the birth parents. Independent adoption, also known as private direct placement adoption, can be pursued if the child was born in Utah and the birth mother resides there. It involves the direct transfer of the child without the involvement of an adoption agency, which will save on unnecessary fees.

If you're considering adoption, it's essential to consult with an attorney whose practice is highly focused on adoption law. This ensures you'll be guided through the process and can rest assured that everything is done legally and correctly. With our extensive experience and knowledge in adoption law, we are well-equipped to assist you. If you're ready to take the next step in adopting a child, don't hesitate to reach out to us. We're here to help.

A: Follow up...

I want to emphasize that if the child was born outside of Utah, or if the birth mother is not from Utah, in any scenario, please note that such circumstances introduce a complexity that can only be adequately addressed in a consultation with an attorney (and one whose practice is highly focused in adoption law).

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