By Brooke Adams | The Salt Lake Tribune
Twelve biological fathers whose children were placed for adoption in Utah without their knowledge or consent have filed a federal lawsuit against the state, alleging Utah laws permit “legalized fraud and kidnapping.”
The fathers, represented by West Jordan attorney Wes Hutchins, allege that despite knowing about the “gross adoption infirmities” of Utah’s laws, two former attorneys general “did nothing for more than a decade to correct the fraud and deception” that led to their children being placed with adoptive families in Utah.
What happened to their sons and daughters was essentially “kidnapping and highly unethical and disruptive placement into adoptive homes without the knowledge or consent of their biological fathers,” the lawsuit states.
Utah’s laws have created a “confusing labyrinth of virtually incomprehensible legal mandates and nearly impossible deadlines” that amount to unconstitutional violations of the rights of unwed fathers, it states.
The lawsuit seeks monetary damages and a finding that the Utah Adoption Act is unconstitutional.
Statement Jana Weltzin: “The right to rear your child has been identified by the United Supreme Court as a fundamental right protected by the 14th amendment. Any statute or law that infringes on that right is subject to strict scrutiny. Therefore, it is vital to ensure both birth parents, not just the mother, have knowledge that their child is being placed up for adoption, be informed of the consequences of placing their child up for adoption and consent to the same.
“The stories told by these fathers are heartbreaking to say the least, and if the stories are true, the state of Utah has clearly violated the most precious of civil rights and personal liberties and must be held accountable for the irreparable damage that has ensued.
If you’d like to discuss family law, contact with Kaine Fisher, chairman of Rose Law Group Family Law Department, kfisher@roselawgroup.com
