Parental Rights
Utah
Last Updated: April 2023
| Question | Answer |
Does the state allow for termination or limitation of parental rights when a child is born from rape? |
Yes |
Does the state require a conviction for the sexual offense to terminate or limit the rapist’s parental rights? |
Yes |
May the state terminate or limit parental rights when there was a sexual assault that led to the birth of the child, but no conviction? |
No |
What parental rights can be terminated or limited? |
Limited: Custody Parenting Time |
Are there any exceptions to the termination or limitation of a rapist’s parental rights? |
Reinstatement of Parental Rights – rapist may petition for reinstatement of parental rights if child has been adopted out, was placed in state’s custody for a year and it is in the best interests of the child. |
What other rights may be impacted by terminating a rapist’s parental rights? |
Consent to Adoption - rapist parent's consent to adoption is no longer needed if parental rights are terminated. |
What is the procedure for termination or limitation of parental rights in these circumstances? |
Any interested party may file a petition to terminate the parental rights of a rapist. |
What proof do you have to show to terminate or limit the rapist parent’s parental rights? |
May prove by a showing of Clear and Convincing Evidence of a conviction that termination is in the best interests of the child and that rapist parent is unfit if that parent. |
Are there any time limits for when a petition must be filed to terminate or limit the rapist parent’s rights? |
Yes. After the date of the rapist parent's conviction, if the victim and rapist cohabitate and establish a "mutual custodial environment" for the child, then the vicitm is barred from bringing a petition to terminate. |
Does the law apply to both adult victims and underage victims? |
Yes. If victim is a minor, then parental rights may be terminated, however, exceptions may apply to certain cases of statutory rape, including Section 401.1 Sexual abuse of a minor. Section 401.2 Unlawful sexual conduct with a 16- or 17-year-old. |
Does the law have any exceptions for married or co-habitating victims? |
After the date of the conviction, the biological parents cohabit and establish a mutual custodial environment for the child. |
Can a court require the rapist parent to pay child support after parental rights have been terminated? |
Yes |
Statutory Citations |
See, UT ST § 76-5-414- Child conceived as a result of sexual offense--Custody and parent-time U.C.A. 1953 § 80-4-305. Court disposition of child upon termination of parental rights -- Postermination reunification U.C.A. 1953 § 78A-6-508. Evidence of grounds for termination |