Same-sex parent adoption in Utah – what you need to know 1

1.       Do I have to be married to adopt in Utah?

No. Single people are eligible to adopt in Utah, though married couples are given a preference. However, cohabitating people (meaning people who live together in a romantic relationship) are not eligible to adopt. If you and your partner are interested in adopting, you must be married first.

2.       Do I have to be straight to adopt in Utah?

No. Utah’s adoption law is currently written in an orientation-neutral way.  No one is going to ask you if you are gay or straight – if you are married or single, you are eligible, if you are cohabiting (whether as a gay couple or a straight couple), you are not.

Now that gay marriage is legal in Utah, gay couples who are married should be eligible to adopt. If you have any questions about adoption, please contact me to set up a meeting.

3.       My same-sex spouse and I applied to be foster parents for DCFS and we were denied. We believe the denial is due to our orientation. What should we do?

Contact an attorney immediately. As state agencies adjust to the new reality of legal same-sex marriages in Utah, it will be important to safeguard yourself against lingering acts of discrimination.

If you have any other questions, please contact me!