In Re: R.M., L.M. v. J.B
and A.B., 2013 UT App 27, Utah Court of Appeals, January 31, 2013
L.M. is the biological Father of R.M. He filed a voluntary
declaration of paternity signed by Mother with the State Office of Vital
Statistics. Mother married J.B. and J.B.
filed a Petition for adoption. The adoption was granted. Father motion to set aside the Decree of
Adoption was granted because Father was not provided notice. The trial court later found that Father’s
filing of a declaration of paternity was insufficient to establish his right to
without consent to the adoption. Trial
Court allowed the interlocutory appeal.
The Court of Appeals found that simply because a party may fall
into more than one category in U.C.A. 78B-6-120(1), does not mean that the person
must follow all the requirements of each category he falls. (e.g. An unwed biological father does not
have to file a declaration of paternity and also strictly comply with U.C.A.
§78B-6-121(1)(d)-(f)).
The Court found that there are three ways for an unwed biological
father to establish paternity and be entitled to consent to adoption: (1) File
a voluntary declaration (2) be adjudicated as the child’s father, or (3)
strictly comply with U.C.A. §78B-6-121(1)(d)-(f).
The Court made a special note that since
In this case, Father filed a declaration of paternity and is
entitled to withhold consent. Reversed and Remanded.
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