78A-6-514 - Voluntary relinquishment -- Irrevocable.
78A-6-514. Voluntary relinquishment -- Irrevocable.
(1) Voluntary relinquishment or consent for termination of parental rights shall be signedor confirmed under oath either:
(a) before a judge of any court that has jurisdiction over proceedings for termination ofparental rights in this state or any other state, or a public officer appointed by that court for thepurpose of taking consents or relinquishments; or
(b) except as provided in Subsection (2), any person authorized to take consents orrelinquishments under Subsections 78B-6-124(1) and (2).
(2) Only the juvenile court is authorized to take consents or relinquishments from aparent who has any child who is in the custody of a state agency or who has a child who isotherwise under the jurisdiction of the juvenile court.
(3) The court, appointed officer, or other authorized person shall certify to the best ofthat person's information and belief that the person executing the consent or relinquishment hasread and understands the consent or relinquishment and has signed it freely and voluntarily.
(4) A voluntary relinquishment or consent for termination of parental rights is effectivewhen it is signed and may not be revoked.
(5) The requirements and processes described in Sections 78A-6-503 through 78A-6-510do not apply to a voluntary relinquishment or consent for termination of parental rights. Thecourt need only find that the relinquishment or termination is in the child's best interest.
(6) There is a presumption that voluntary relinquishment or consent for termination ofparental rights is not in the child's best interest where it appears to the court that the primarypurpose is to avoid a financial support obligation. The presumption may be rebutted, however, ifthe court finds the relinquishment or consent to termination of parental rights will facilitate theestablishment of stability and permanency for the child.
(7) Upon granting a voluntary relinquishment the court may make orders relating to thechild's care and welfare that the court considers to be in the child's best interest.
Renumbered and Amended by Chapter 3, 2008 General Session