Default Divorce Decree ≠ Adjudication of Paternity and If Set Aside Also Sets Aside Paternity Finding

Reller v. Reller, Intervenor Argenziano, 2012 UT App 323, Utah Court of Appeals, November 16, 2012

Argenziano fathered Wife’s child.  Wife divorced Husband by default decree in which Wife alleged that Husband was the father.  Nine months after the default decree was entered, Husband filed a Petition to Modify.  Wife responded, and for the first time alleged that Husband was not the father of the minor child.   

The parties stipulated to set aside the Decree in regards to the minor child and Wife moved to join Argenziano.  Argenziano intervened and moved to dismiss the order setting aside alleging that Husband had already been adjudicated as the father.  The Court denied the motion and ordered Argenziano to undergo genetic testing.  Argenziano was shown to be the, Father.  Argenziano appealed arguing that because Husband had already been adjudicated Father, the parties could not now challenge the adjudication. See U.C.A. §78B-15-607(1)(a).

The Court of Appeals affirmed the trial court decision and agreed that a default decree once set aside is not an adjudication.  They further found that because Argenziano was not a party in the Divorce , he has no standing to challenge the setting aside of the Decree because he was not a party to the action. 

Affirmed.

Full opinion available at: http://www.utcourts.gov/opinions/appopin/reller111612.pdf

Cryopreservation of Semen Does Not Make the Donor a Parent.

Burns v. Burns, 2012 UT 71, Utah Supreme Court, October 12, 2012

Husband was diagnosed with cancer and preserved his semen prior to chemotherapy.  Husband died and Wife used the sperm for artificial insemination.  Wife gave birth and applied for social security benefits for the child and listed deceased-husband as the father.  Social security denied Mother’s claims.  Mother requested that the Federal District Court review the administrative to the federal district court.  The Federal Court sent the question of law to the Utah Supreme Court to determine if the donor could be a Father under Utah law.

The Supreme Court found that in order to be a parent of a child who resulted from cryopreserved semen or embryo, the donor must agree in a record and consent to be considered the parent of said -child.  (See U.C.A. 78B-15-707). Husband never signed an agreement consenting to being the parent of a child conceived posthumously and as such is not considered a parent.

Full opinion available at: http://www.utcourts.gov/opinions/supopin/Burns1271101212.pdf

Paternity: Failure to Comply Strictly with the Statute = Waiver Temporary Residence is a Qualifying Circumstance Appeals: Failure to Preserve the Iss

O’Dea v. Olea, 2009 UT 46, (Utah Supreme Court, July 28, 2009).

Father appeals district court’s order dismissing his paternity claim. Mother and Father had separated before Father learned of the pregnancy. Mother told father she had miscarried. Father learned that Mother had not miscarried, but instead was preparing for adoption. Father registered as a putative father in Wyoming and Montana and contacted LDS family services (the adoption agency). He again contacted Mother; she asked him not to contact her and told him she was in Utah and that he would never see the child.

Father engaged the police in his search for Mother, and made a website to find out about the child. On the website Mother’s mother responded that the child had been born and placed for adoption.

The child was born June 15, Father filed his notice with department of Human Services on September 8, (he testified that he had attempted to send it earlier, but the third party charged with mailing it failed to mail it).

The Court affirmed the trial court finding that because Father knew or should have known that Mother was in Utah, he was required to comply with the Utah statute by registering with Human Services within 80 days. Because he did not, he waived his right to notice.

Full Decision available at http://www.utcourts.gov/opinions/supopin/ODea072809.pdf