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    jennifer_porter's Avatar
    jennifer_porter Posts: 1, Reputation: 1
    New Member
     
    #1

    May 10, 2012, 02:53 PM
    Father needs to stop adoption
    The girl I was seeing for a year and a half got pregnant, we had plans to keep it, well 8m she (we split) decides to go to Utah to put him up for adoption, without me having any say so at all, me thinking she is just mad!! Remind you we are from North Carolina! I called "guardian angel adoptions" and they told me I have no rights, for me to talk to a lawyer! Has anybody seen or heard anything close to this!! I want my son he has 3 siblings from a previous marriage! Please help with any info! Helpless!
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    May 10, 2012, 03:13 PM
    You do need a lawyer, and fast. You can't do this without one. Read the stickie post at the top about the putative father registry.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    May 10, 2012, 03:15 PM
    You need to file with the Putative Father's Registry in Utah Nd where the child was born. You need to contact the Utah courts and let them know you are the father and do not agree to an adoption.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #4

    May 10, 2012, 03:23 PM
    Utah is one of the few states where fathers are really screwed.

    You NEED a lawyer. Do NOT attempt this without one, because you'll lose. Utah law is written so that all they need is the mother's signature for an adoption to happen. Guardian Angel is one of the adoption agencies there that lure birthmothers to the state because Utah laws make it virtually impossible for the father to stop an adoption.

    You MUST GET A LAWYER NOW if you want to stop this.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #5

    May 10, 2012, 06:10 PM
    Also you might want to try filing for custody in NC. Since your ex isn't a resident of Utah and you may get the order covered under uccjea. Custody tbd after birth of child.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    May 10, 2012, 07:00 PM
    Quote Originally Posted by Synnen View Post
    Utah is one of the few states where fathers are really screwed.

    You NEED a lawyer. Do NOT attempt this without one, because you'll lose. Utah law is written so that all they need is the mother's signature for an adoption to happen. ...
    Evidently so. But I do see some loopholes, I believe.

    "Title 78B Judicial Code
    Chapter 6 Particular Proceedings
    Section 121 Consent of unmarried biological father.
    ...
    (3) Except as provided in Subsections (6) and 78B-6-122(1), and subject to Subsection (5), with regard to a child who is six months of age or less at the time the child is placed with prospective adoptive parents, consent of an unmarried biological father is not required unless, prior to the time the mother executes her consent for adoption or relinquishes the child for adoption, the unmarried biological father:
    (a) initiates proceedings in a district court of Utah to establish paternity under Title 78B, Chapter 15, Utah Uniform Parentage Act;
    (b) files with the court that is presiding over the paternity proceeding a sworn affidavit:
    (i) stating that he is fully able and willing to have full custody of the child;
    (ii) setting forth his plans for care of the child; and
    (iii) agreeing to a court order of child support and the payment of expenses incurred in connection with the mother's pregnancy and the child's birth;
    (c) consistent with Subsection (4), files notice of the commencement of paternity proceedings, described in Subsection (3)(a), with the state registrar of vital statistics within the Department of Health, in a confidential registry established by the department for that purpose; and
    (d) offered to pay and paid, during the pregnancy and after the child's birth, a fair and reasonable amount of the expenses incurred in connection with the mother's pregnancy and the child's birth, in accordance with his financial ability, unless:
    (i) he did not have actual knowledge of the pregnancy;
    (ii) he was prevented from paying the expenses by the person or authorized agency having lawful custody of the child; or
    (iii) the mother refuses to accept the unmarried biological father's offer to pay the expenses described in this Subsection (3)(d).
    (4) The notice described in Subsection (3)(c) is considered filed when it is entered into the registry described in Subsection (3)(c).
    (5) Unless his ability to assert the right to consent has been lost for failure to comply with Section 78B-6-110.1, or lost under another provision of Utah law, an unmarried biological father shall have at least one business day after the child's birth to fully and strictly comply with the requirements of Subsection (3).
    (6) Consent of an unmarried biological father is not required under this section if:
    (a) the court determines, in accordance with the requirements and procedures of Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act, that the unmarried biological father's rights should be terminated, based on the petition of any interested party;
    (b)
    (I) a declaration of paternity declaring the unmarried biological father to be the father of the child is rescinded under Section 78B-15-306; and
    (ii) the unmarried biological father fails to comply with Subsection (3) within 10 business days after the day that notice of the rescission described in Subsection (6)(b)(I) is mailed by the Office of Vital Records within the Department of Health as provided in Section 78B-15-306; or
    (c) the unmarried biological father is notified under Section 78B-6-110.1 and fails to preserve his rights in accordance with the requirements of that section.
    (7) Unless the adoptee is conceived or born within a marriage, the petitioner in an adoption proceeding shall, prior to entrance of a final decree of adoption, file with the court a certificate from the state registrar of vital statistics within the Department of Health, stating:
    (a) that a diligent search has been made of the registry of notices from unmarried biological fathers described in Subsection (3)(c); and
    (b)
    (i) that no filing has been found pertaining to the father of the child in question; or
    (ii) if a filing is found, the name of the putative father and the time and date of filing. "

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