Utah Governor Signs Adoption Bill to Prevent Kidnapping and Fraud

By on 4-04-2014 in US Adoption Legislation, Utah

Utah Governor Signs Adoption Bill to Prevent Kidnapping and Fraud

“Single mothers will no longer be able to travel to Utah to put kids up for adoption without first notifying their children’s fathers now that state legislators have changed a law that critics said cleared a path for kidnapping and fraud.

The measure’s sponsor says the revision will allow responsible fathers to challenge adoptions, giving them a chance to remain in their children’s lives.

“We’re trying to throw a speed bump into that process,” Republican state Sen. Todd Weiler, who sponsored the proposal, said Wednesday.

“This will allow judges to know if a father has reached out and grabbed his rights,” he said.

The law aims to cut down on cases such as last year’s battle involving a drill sergeant from North Carolina who gained custody of his infant daughter after he said his ex-wife traveled to Utah, gave birth and placed the newborn up for adoption without his knowledge.

“It’s kind of a reaction to this perception that we’ve become a magnet state for fraudulent adoptions,” Weiler said.

Gov. Gary Herbert, a Republican, signed the measure Tuesday, weeks after a Utah Supreme Court ruling sided with a Pennsylvania father challenging the Utah Adoption Act as unconstitutional after saying his ex-girlfriend turned their baby over to an adoption agency without telling him.

As that case heads back to a lower court, a separate lawsuit involving that man and 11 other fathers fighting previous law is pending in federal court.

The new legislation takes effect next month and would render moot portions of the lawsuits that seek to overturn the state’s adoption regulations. The courts could still, however, award financial damages to the affected fathers, who aren’t seeking custody in that case.

Wes Hutchins, the attorney representing the dozen fathers, has been a vocal critic of Utah’s adoption laws. He calls the measure “a step in the right direction,” but says it would be difficult to enforce.

The new law only applies to unwed mothers, because married women must already tell the fathers if they plan to place up a child for adoption. It would also require the mothers to live in Utah for at least 90 days or file in court information about the birth father in cases involving babies younger than 6 months old.

The bill doesn’t impose any penalties on women who don’t volunteer the information. Rather, it requires a judge to ask the pertinent questions.

“Treating the men responsibly and including them in the process is simply an ethical practice,” said Adam Pertman, president of the Donaldson Adoption Institute. “What if he’s 28-years-old, has a good job and wants to be a dad?”

The bill would not allow a non-custodial father to unilaterally stop an adoption, but it would allow him to challenge it in court for a judge to decide. It also could allow a father to strike a deal with an adoptive family to remain in a child’s life in some capacity.

In deciding whether a father would have notification rights, however, courts must take into consideration any history of domestic violence between the parents.

This marks the second year lawmakers have moved to walk back the adoption act. A 2013 law requires adoption agencies to prohibit employees from misinforming adoptive parents about children.

The law takes effect May 13.
Utah governor signs bill to beef up adoption rules[WRAL 4/2/14 by Annie Knox/Associated Press]

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6 Comments

  1. Re: “…It also could allow a father to strike a deal with an adoptive family to remain in a child’s life in some capacity…”

    You mean we’re going to have legally-enforced open adoption for birthfathers, but not BIRTHMOTHERS?

  2. If adoption is deemed illegal then why would the adoptive parents have the right to keep the child. The child should go to the parent who did not do the crime unless proven unfit. Why shouldn’t a child go to the father if the mother did the crime?
    My son is in this very predicament. His wife gave up his child for adoption Knowing he wanted this child more than anything and used false information (in which the adoption agency Heart to Heart in Utah knew it was not legal) just so he wouldn’t know what happened to his child. Now he is spending thousands of dollars to fight the adoption and get his child.

    • Re: “…If adoption is deemed illegal then why would the adoptive parents have the right to keep the child…”

      Because the unspoken rule of adoption is that white, affluent, Christian, married parents are always better for children than any other kind. Nobody likes to state this outright, but this presumption underlies most adoption policy, for all the rhetoric to the contrary. It sucks, but there it is. Sorry. 🙁

      I hope you and your son beat the odds. May I suggest that you look for research about the known negatives about stranger adoption, such as a far higher suicide rate in adopted children?

  3. Thanks for the suggestion I will look into it.

  4. I will look into your suggestion. but to clarify further my son is not a child he is 43 yrs old and is still married to the birth mother. Shouldn’t that make a difference?

    • I’m not a Family Court judge, but marriage is only part of the equation– there’s also income, socio-economic status, and race. Being a white, church-going Christian who talks a lot about their faith also seems to have a lot of sway.

      Plus, for some reason adoptive/foster parents are often viewed more favorably than natural parents as a class. I don’t know how long you’ve been on this site, but Rally has found lots of cases where CPS workers have snatched children from natural parents for potential abuse, while actual reports of abuse/neglect by foster parents are ignored, until the child winds up in the hospital– or the morgue. 🙁

      BTW… do you mean that your son and his wife have reconciled, or that the divorce isn’t final yet? I don’t think being separated but legally married will impress a Family Court judge.

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