Unmarried Biological Father's Rights In Utah

From the perspective of unmarried biological fathers (UBFs), one might ask what rights?  Utah is gaining, from the UBF perspective, a reputation of being one of the most UBF-unfriendly jurisdictions in the nation. 

According to current Utah statutory law, UBFs are required to "fully and strictly" comply with Utah's putative father requirements, which include: (1) filing a paternity action; (2) filing an affidavit in support of the paternity action, which contains numerous statutory requirements, including a child care plan; AND (3) filing with Utah's Vital Records, a Notice of Commencement of Paternity Action.  This is required of out-of-state UBFs as well, if a "qualifying circumstance" exists, such as if the UBF knows the birth mother is residing in Utah either temporarily or permanently, knows she is going to give birth in Utah, OR knows the birth mother intends to relinquish the child for adoption under Utah law.  This is required of out-of-state UBFs EVEN IF they have never stepped foot in the state of Utah.  UBFs must follow the steps above by the later of 20 days after becoming aware of a qualifying circumstance, or the time at which the birth mother relinquishes her rights.  A birth mother can relinquish her rights in Utah starting 24 hours after the child's birth.  Utah's Adoption act can be found at Utah Code Annotated 78B-6-101, et seq.  UBFs must act quickly.  UBFs should consult competent legal counsel to understand their rights and obligations more fully.

Some say that Utah's birth father requirements are merely balanced so as to favor adoption finality and stability.  While that may be true, others argue that Utah's statutory requirements have gone too far in being pro-adoption, that they have become anti-UBF.  Finality and stability, in reality, therefore remain in doubt when constitutionally guaranteed rights of due process, equal protection, and other rights are potentially violated in the name of placing a child in a two-parent without fair notice to a UBF, and the right for the UBF to be heard. 

Contact me with any questions, comments, or concerns regarding these issues:

Wesley D. Hutchins, Esq.
The Hutchins Law Firm, P.C.
(801) 969-0104
wes@thehutchinslawfirm.com

Utah Adoption Council Spring Conference, May 11-12, 2011

http://www.utahadoptioncouncil.com/#!__education; follow this link.  This is a great event for anyone involved with or interested in adoption. Whether you are a biological parent, prospective adoptive parent, or a professional working in the adoption world, you should consider attending. This is one of the premier adoption events in the entire State of Utah. Use it to network, to educate yourself about critical issues, or just come and have a great time.

Music & The Spoken Word

I was fortunate to attend broadcast number 4,255 of the Mormon Tabernacle Choir this last Sunday.  It is the longest running weekly broadcast in the world.  Regardless of your faith or spiritual leanings, the messages shared are uplifting and motivational.  This week's broadcast was entitled "What Life Is About."  The opening statement of the message was: "We become our best and truest selves by helping others.  Indeed, a good yard-stick for measuring success in how our life influences other people for the better."  Several other thoughts were shared, and then the message ended with, a quote from Charles H. Spurgeon, who penned these words well over a century ago: “A good character is the best tombstone. Those who love you, and were helped by you, will remember you when forget-me-nots are withered. Carve your name on hearts, and not on marble.”

For me, adoption is one of the most profound expressions of true good character and a selfless heart.

I salute all those who labor in the adoption community, not just to make a buck, and drive fancy SUV's, but who really wish to make a difference in the lives of children, in the lives of families, and by extension in the lives of our communities, nation, and even the world.  I know, it may sound cliche to say such things, but I've personally and professionally seen how adoption changes everyone involved as part of the miraculous journey.  Jump aboard and cherish every moment of the adventure.

Wesley D. Hutchins
wes@thehutchinslawfirm.com
(801) 969-0104