In re I.K.

220 P.3d 464 (2009)

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In re I.K.

Utah Supreme Court
220 P.3d 464 (2009)

Facts

In January 2007, J.S. (plaintiff) and T.C. engaged in an intimate relationship, and T.C. became pregnant. In March 2007, T.C. contacted J.S. to say that she intended to have an abortion, but she ultimately did not have the abortion. In October 2007, T.C. gave birth to I.K. in Colorado and subsequently consented to an adoption. Act of Love, a Utah adoption agency, placed I.K. with adoptive parents, P.K. and J.K. (defendants). On November 4, 2007, an adoption agency in New Mexico contacted J.S., who refused to consent to the adoption of I.K. and contacted an attorney to protect his parental rights. On November 11, 2007, P.K. and J.K. filed a petition for adoption in Utah. On November 20, 2007, J.S. filed a petition to establish paternity in New Mexico, but he did not file with the Putative Father Registry. J.S. was unaware of the Utah adoption case until January 23, 2008. On February 6, 2008, Act of Love filed a birth-father petition in Utah, and J.S. filed a motion to dismiss. The trial court denied the motion to dismiss. The trial court found J.S. failed to establish his legal rights before T.C. executed a relinquishment. J.S. appealed the denial of the motion to dismiss the pending adoption.

Rule of Law

Issue

Holding and Reasoning (Wilkins, J.)

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