Father will be reunited with baby adopted without his knowledge, judge rules

[Xithras]

70. Under Utah law, it was illegal.

Utah law requires that the "legal father" sign off on all adoptions. Utah law defines three different ways that a person can become a "legal father". 1) You can adopt a child. 2) You can proclaim legal paternity to the courts. 3) You can be married to the mother.

Utah laws are usually seen as being biased because virtually all women putting their children up for adoption are SINGLE. The child has no legal father. Because they aren't married, the fathers only option is to quickly file a claim with the courts to establish paternity and intervene against the adoption. The window in which they can do this is tiny, so few men can do it (most don't even learn about the adoption until after this window is closed).

This particular case is DIFFERENT. Under Utah law, because she was MARRIED, the biological father also became the LEGAL father the moment that child was born. Married men do NOT have to establish legal paternity to children born of their legal wife, because that paternity is assumed and already legally established. Because this child ALREADY had a legal father, it could not be put up for adoption until his rights were terminated OR he signed them away.

Utah family laws are largely crafted around their Mormon tradition, and fathers are largely seen as the leaders of their households among the Mormon faithful. Utah laws do NOT allow married women to give their children away without first obtaining the husbands consent, or a court first terminating his rights.

In truth, this isn't even really a Mormon concept. MOST states have laws and legal structures that prevent women from giving children away who are born in wedlock, without court intervention or the consent of the husband. Legal paternity, and legal rights, are assigned at birth. This isn't always a good thing...there are MANY men paying child support for kids that aren't theirs, after discovering their wives infidelity after the birth of a child. In many states, they're legally the fathers anyway, because they were married to the mothers at birth.

In all 50 states, once legal paternity is established, it CANNOT be terminated without the consent of the father, or the intervention of a court.