Section 78B-6-136.5 - Timing of entry of final decree of adoption - Posthumous adoption(1) Except as provided in Subsection (2), a final decree of adoption may not be entered until the earlier of: (a) when the child has lived in the home of the prospective adoptive parent for three months; or(b) when the child has been placed for adoption with the prospective adoptive parent for three months.(2)(a) If the prospective adoptive parent is the spouse of the preexisting parent, a final decree of adoption may not be entered until the child has lived in the home of that prospective adoptive parent for six months, unless, based on a finding of good cause, the court orders that the final decree of adoption may be entered at an earlier time.(b) The court may, based on a finding of good cause, order that the final decree of adoption be entered at a later time than described in Subsection (1).(3) The court has authority to enter a final decree of adoption after a child's death upon the request of the prospective adoptive parent or parents of the child if: (a) the child dies during the time that the child is placed in the home of a prospective adoptive parent or parents for the purpose of adoption; or(b) the prospective adoptive parent is the spouse of a preexisting parent of the child and the child lived with the prospective adoptive parent before the child's death.(4) The court may enter a final decree of adoption declaring that a child is adopted by: (a) both a deceased and a surviving adoptive parent if after the child is placed in the home of the child's prospective adoptive parents:(i) one of the prospective adoptive parents dies;(ii) the surviving prospective adoptive parent requests that the court enter the decree; and(iii) the decree is entered after the child has lived in the home of the surviving prospective adoptive parent for at least three months; or(b) a spouse of a preexisting parent if after the child has lived with the spouse of the preexisting parent: (i) the preexisting parent, or the spouse of the preexisting parent, dies;(ii) the preexisting parent, or the spouse of the preexisting parent, requests that the court enter the decree; and(iii) the child has lived in the same home as the spouse of the preexisting parent for at least six months.(5) Upon request of a surviving preexisting parent, or a surviving parent for whom adoption of a child has been finalized, the court may enter a final decree of adoption declaring that a child is adopted by a deceased adoptive parent who was the spouse of the surviving parent at the time of the prospective adoptive parent's death.(6) The court may enter a final decree of adoption declaring that a child is adopted by both deceased prospective adoptive parents if:(a) both of the prospective adoptive parents die after the child is placed in the prospective adoptive parents' home; and(b) it is in the best interests of the child to enter the decree.(7) Nothing in this section shall be construed to grant any rights to the preexisting parents of a child to assert any interest in the child during the three-month or six-month periods described in this section.Amended by Chapter 261, 2024 General Session ,§ 11, eff. 5/1/2024.Amended by Chapter 65, 2021 General Session ,§ 6, eff. 5/5/2021.Amended by Chapter 340, 2012 General Session ,§ 13, eff. 5/8/2012.Enacted by Chapter 237, 2010 General Session