C.C.D. challenges the adoption of his biological daughter, which took place without his consent. The trial court found that C.C.D. did not strictly comply with Utah Code § 78B-6-121 because he failed to plan what he would do if he was deported. The Court Appeals found that when strict compliance with the statute is required, the trial court shall not require more than the statute, therefore requiring a contingency plan for deportation was in error. However, Because C.C.D. did not agree to pay child support in his affidavit he did not strictly comply with that provision of the statute. Because of this failure, the Court Affirmed the trial court’s denial. The Court also noted C.C.D. failed to properly raise and preserve the constitutional claims raised on appeal.
DISSENT: Judge Thorne opined that C.C.D. did strictly comply with the statute by agreeing to “assist Mother in taking responsibility for the unborn child, and to help mother with expenses.” Judge Thorne also expressed concerns about the current policies expressed by the statute to divest unwed biological fathers of parental rights with very little due process and strict compliance.
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