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
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