Latest Case: In re Adoption of B.H. (Family Law)

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In re Adoption of B.H.

Citation: 2020 UT 64

Opinion Date: September 16, 2020

Judge: Peterson

Areas of Law: Family Law

The Supreme Court affirmed the judgment of the court of appeals setting aside the adoption decree in this case, holding that the district court's conclusions of law in support of the adoption decree were inadequate. Mother, a Montana resident, gave birth to a child in Montana. Mother placed the child for adoption with Respondents, two Utah residents. On a form required under the Interstate Compact on the Placement of Children (ICPC), Utah Code 62a-4a-701 to -711, Mother did not list Petitioner, the child's legal father, as the child's father. Respondents filed an adoption petition and petitioned to terminate Petitioner's parental rights. The district court terminated Petitioner's parental rights and finalized the adoption. The court of appeals set aside the adoption decree because it did not state that the requirements of the ICPC had been complied with, as required by the Adoption Act. The Supreme Court affirmed and remanded the case, holding (1) there was no jurisdictional defect under the ICPC or the Adoption Act; but (2) the district court's conclusions of law in support of the adoption decree were inadequate.