The Supreme Court of Utah affirmed the district court’s denial of father’s motion to intervene in the adoption proceedings of his child. The Utah Adoption Act requires unmarried fathers to file a sworn affidavit stating they are able and willing to support their child in addition to other provisions to establish paternity. Here, the court found that the Act is constitutional on the basis of its advancement of the child’s best interest and held that appellant father failed to establish an infringement of a fundamental right of substantive due process, as he failed to present evidence to preserve his rights as an unwed father. Furthermore, the court held that the state’s interest in protecting children by facilitating the adoption process is substantially advanced by the statutory affidavit requirement. In this case, father had completed all other requirements to establish paternity under the Act, but he failed to preserve his legal rights as a father by filing the required paternity affidavit within the time prescribed by Utah Code §78B-6-121(3). Because appellant father acknowledged his failure to comply with the affidavit requirement, and the court found that the statute does not violate due process rights and is constitutional, the judgment was affirmed.
Cite: No. 20120751; 2014 Utah LEXIS 198 (Utah Nov. 4, 2014)
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