UtahH.B. 512026 General SessionHouseWALLET

Adoption Amendments

Sponsored By: Katy Hall (Republican)

Signed by Governor

AdoptionFamilyHealth and Human ServicesHealth CareHealth Care FacilitiesChild WelfareMental HealthJudicial OperationsDepartment of Health and Human ServicesOffice of Licensing and Background ChecksParentage

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Bill Overview

Analyzed Economic Effects

12 provisions identified: 5 benefits, 3 costs, 4 mixed.

Utah Medicaid excludes birth-only visitors

Beginning May 6, 2026, people traveling to Utah only to give birth cannot qualify for Utah Medicaid if they do not plan to stay afterward. Both conditions must apply.

Birth parents can withdraw adoption consent

Birth parents can withdraw adoption consent or relinquishment for any reason within 72 hours after signing. They may waive that period only in writing. Before the final adoption order, a court may allow withdrawal if the agency used duress, fraud, or undue influence. Parents cannot sign while anesthesia or medication prevents clear thinking. These rules exclude voluntary relinquishments made in juvenile court under Section 80-4-307.

Birth parents get counsel and pressure protections

Birth parents can choose independent legal counsel before adoption consent or relinquishment; the agency or prospective adoptive parents pay reasonable costs. Parents must have time to use counsel and cannot be required to waive it or accept it as a placement condition. A signed statement confirming advice about this right must be filed before the final adoption order. Agencies, their workers, and prospective adoptive parents cannot threaten retaliation, block leaving or private support contacts, or promise money for consent. Adoptive parents and licensed agencies cannot discuss or promise post-adoption gifts before the adoption is final.

Paid therapy support for birth parents

Parents whose consent is needed for a minor child's adoption can choose therapy from a Utah-licensed mental health professional. They can receive three sessions before giving up parental rights and three afterward, each lasting at least 50 minutes. The agency or prospective adoptive parents must pay up to $800 total. Higher payments require a signed agreement between the parent and payer, and therapy after relinquishment requires a payment agreement. Parents may waive therapy.

Birth-mother travel limits and return guarantees

Licensed private adoption agencies cannot arrange travel to Utah for birth mothers under 18. They also cannot arrange it at 36 weeks pregnant or later when they know or should know the pregnancy stage. Agencies must make a reasonable health inquiry and check whether an out-of-state mother receives Medicaid before arranging travel. A minor's parent or guardian may independently arrange travel or travel with her. Agencies that bring a birth mother to Utah must arrange her return if she chooses not to stay, using the same travel mode and quality, whether or not she agrees to adoption.

Birth-parent support comes with payment caps

Licensed private adoption agencies may pay up to $8,000 in birth-parent living expenses, plus medical and adoption-related legal costs. Weekly allowances are capped at $200 for the birth parent and $75 for each directly affected dependent. Allowances cover up to 12 pregnancy weeks and four weeks after birth, and must be paid weekly. Other payments must go directly to service providers when possible. The state agency consortium can approve higher limits based on a specific need; these payments are not guaranteed.

Families get clearer adoption agency warnings

Adoption ads must list the states where the advertiser is licensed or say it has no state license. Ads cannot promise financial incentives. Licensed private agencies must prominently post complaint instructions and Office of Licensing warnings or violations from the past three years. Birthing facilities must set adoption policies and report complaints or actions against agencies; facilities and staff may report unethical practices. The Office must investigate agency violations of adoption-service rules and may suspend or revoke licenses.

Families get fuller adoption cost disclosures

Before the final adoption order, an affidavit must disclose legal, medical, agency, and support costs, gifts, public funds, and services. It must list where birth and prospective adoptive parents lived during the 12 months before birth. The placing agency or arranging attorney must send it to the Office of Licensing within 60 days after finalization; stepparent adoptions are exempt. Agencies must disclose members' financial interests in paid service providers to birth parents, prospective adoptive parents, the Office, and court. The Office must investigate agency failures to follow affidavit rules and may suspend or revoke licenses.

Parents lose adoption therapy damages remedy

Missing required therapy notice or payment does not cancel a parent's adoption consent or relinquishment. The law removes the specific right to sue for damages caused by that failure. The duties to provide notice and pay for therapy remain.

Private adoption agencies must become nonprofits

Beginning January 1, 2027, private adoption agencies must be nonprofit organizations to get or renew a Utah license. The Office of Licensing cannot issue or renew these licenses for private providers that are not nonprofits.

Adoption agencies gain protections but must refer

Consortium agencies may decline placements that conflict with their religious beliefs or a birth mother's good-faith wishes about the child's placement. When the prospective adoptive parent is qualified, governments and licensing or accrediting bodies cannot compel participation or penalize that refusal. Protections cover licenses, funding, contracts, fines, other administrative penalties, and state or local claims. An agency declining for these reasons must refer the person seeking placement services to another consortium agency. The referral does not decide whether the placement is best for the child.

Adoption agencies share oversight and fees

Every licensed private adoption agency must join Utah's new adoption agency consortium, which meets at least quarterly. It advises lawmakers and reports 2025 adoption, transport, and fee information by October 1, 2026. Agencies seeking higher birth-parent payments must request a specific amount and show a specific need. Approval requires a majority of other members; documented actual living expenses or lost wages are presumed to justify higher payments. The Office of Licensing may charge agencies enough to cover consortium staffing.

Sponsors & Cosponsors

Sponsor

  • Katy Hall

    Republican • House

Cosponsors

  • Chris H. Wilson

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 204 • No: 1

House vote • 2/27/2026

House/ concurs with Senate amendment

Yes: 66 • No: 0

Senate vote • 2/26/2026

Senate/ passed 3rd reading

Yes: 21 • No: 0

Senate vote • 2/25/2026

Senate/ passed 2nd reading

Yes: 23 • No: 0

Senate vote • 2/19/2026

Senate Comm - Substitute Recommendation

Yes: 3 • No: 0

Senate vote • 2/19/2026

Senate Comm - Favorable Recommendation

Yes: 3 • No: 0

House vote • 2/4/2026

House/ substituted

Yes: 0 • No: 0

House vote • 2/4/2026

House/ uncircled

Yes: 0 • No: 0

House vote • 2/4/2026

House/ passed 3rd reading

Yes: 66 • No: 1

House vote • 2/3/2026

House/ circled

Yes: 0 • No: 0

House vote • 1/23/2026

House Comm - Favorable Recommendation

Yes: 11 • No: 0

House vote • 1/23/2026

House Comm - Substitute Recommendation

Yes: 11 • No: 0

Actions Timeline

  1. Governor Signed

    3/25/2026
  2. House/ to Governor

    3/12/2026House
  3. House/ received enrolled bill from Printing

    3/12/2026House
  4. House/ enrolled bill to Printing

    3/5/2026House
  5. Enrolled Bill Returned to House or Senate

    3/5/2026
  6. Draft of Enrolled Bill Prepared

    3/3/2026
  7. Bill Received from House for Enrolling

    3/3/2026
  8. House/ signed by Speaker/ sent for enrolling

    3/2/2026House
  9. House/ received from Senate

    3/2/2026House
  10. Senate/ to House

    2/27/2026Senate
  11. Senate/ signed by President/ returned to House

    2/27/2026Senate
  12. Senate/ received from House

    2/27/2026Senate
  13. House/ to Senate

    2/27/2026House
  14. House/ concurs with Senate amendment

    2/27/2026House
  15. House/ placed on Concurrence Calendar

    2/26/2026House
  16. House/ received from Senate

    2/26/2026House
  17. Senate/ to House with amendments

    2/26/2026Senate
  18. Senate/ passed 3rd reading

    2/26/2026Senate
  19. Senate/ 3rd reading

    2/26/2026Senate
  20. Senate/ passed 2nd reading

    2/25/2026Senate
  21. Senate/ 2nd reading

    2/25/2026Senate
  22. Senate/ placed on 2nd Reading Calendar

    2/20/2026Senate
  23. Senate/ comm rpt/ substituted

    2/20/2026Senate
  24. Senate Comm - Favorable Recommendation

    2/19/2026
  25. Senate Comm - Substitute Recommendation

    2/19/2026

Bill Text

  • Enrolled

    3/5/2026

  • Substitute #4

    2/13/2026

  • Substitute #3

    2/3/2026

  • Substitute #2

    1/23/2026

  • Substitute #1

    1/22/2026

  • Introduced

    12/19/2025

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