Full text of Utah Utah Code § 80-2-309 — Orientation and identity., with citation guidance and answers to common questions.
§ 80-2-309. Orientation and identity.
Effective 5/7/2025 80-2-309.
Orientation and identity.
(1)
As used in this section:
(a)
(i)
"Custodian" means an individual who has legal custody of a child.
(ii)
"Custodian" does not include the division.
(b)
(i)
"Guardian" means an individual who has qualified as a guardian of a child pursuant to testamentary or court appointment, or by written instrument as provided in Section 75-5-202.5.
(ii)
"Guardian" does not include a guardian ad litem.
(2)
(a)
For a child in the protective custody, temporary custody, or custody of the division:
(i)
subject to Subsection (2)(b), the division may not withhold or conceal information related to a child's asserted gender identity or sexual orientation from the child's parent, guardian, or custodian;
(ii)
without consent from the child's parent, guardian, or custodian, the division may not refer to the child in division records in a way that is contrary to the child's biological sex;
(iii)
the division may not initiate hormonal transgender treatment, a primary sex characteristic surgical procedure, or a secondary sex characteristic surgical procedure for the child; and
(iv)
if a foster parent expresses discomfort with caring for a child based on the child's asserted gender identity or sexual orientation, the division may not place the child with that foster parent and may not discriminate or take other adverse action against the foster parent solely on that basis.
(b)
If a child discloses to the division information regarding the child's asserted gender identity or sexual orientation, and the child wants the information to remain private, the division shall develop a plan in cooperation with the child's therapist or counselor that:
(i)
allows the division to comply with the requirements described in Subsection (2)(a)(i);
(ii)
will not result in harm, as that term is defined in Section 80-1-102, to the child; and
(iii)
is in compliance with all applicable privacy laws.
Section 80-2-309 ("Orientation and identity.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 80-2-309?
A common citation format is "Utah Code § 80-2-309" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 80-2-309 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
