${site.data.firmName}${SEMFirmNameAlt} Main Menu
Call Today: 855-805-0595

Fathers' rights on display in state's recent adoption law change

20784372_S.jpgUtah would certainly qualify for inclusion on any list of states that serve as lightning rods for triggering fathers' rights cases in family law matters.

In fact, Utah Gov. Gary Herbert's recent signing of new legislation that modifies existing adoption law in that state has attracted the attention of fathers' rights groups across the country.

Here's why. Until passage of the bill, entitled Adoption Act Amendments, a gaping loophole in Utah's statutory scheme governing adoption allowed a woman from outside the state to simply enter its confines to give birth and thereafter put up her child for adoption. Any woman was free to do so without any requirement that she first notify the child's biological father or obtain his consent for the adoption.

That law long frustrated many dads across the country and served to galvanize broad-based male opposition. Conversely, and for understandable reasons, the recently signed amendment is garnering praise, even if kudos are being qualified by some commentators. The new statutory language requires that a pregnant woman must now live inside Utah for 90 days or file relevant information about the biological father with a court, which might then contact the father.

Wes Hutchins is an attorney who represents more than 30 male clients in a federal civil rights lawsuit. He calls the just-passed bill a “great first step,” but adds that additional loopholes remain in Utah’s existing law that need to be changed.

One of those is a so-called “fraud immunity” statute that quite clearly allows for circumvention of the new law notwithstanding its stated dictates. A woman in Utah can falsely sign an affidavit stating she has met the 90-day requirement, avoiding the duty to provide any notice to the father of her child. If her fraud is subsequently discovered following adoption of the child, the father’s only legal remedy is to sue for damages. The adoption remains valid.

“Dads want their kids back,” says Hutchins, “not money damages.”

Fathers’ rights are often a central consideration in family law disputes in Illinois and Missouri, most notably in paternity and child custody matters. A father with questions or concerns regarding any family law topic can receive prompt and knowledgeable advice from a proven St. Louis fathers’ rights attorney.

Source: Fox News, "Utah governor signs bill giving fathers new rights in adoption cases," Faith Mangan and Alicia Acuna, April 3, 2014

No Comments

Leave a comment
Comment Information

Contact Our Team To Get Help Now

Tell us about your case and we’ll get back to you promptly.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Stange Logo

Stange Law Firm, PC
115 Lincoln Place Ct.,
Se. 101
Belleville, Illinois 62221

Toll Free: 855-805-0595
Fax: 314-963-9191
Law Office Map

DHQ | Divorce Headquarters Divorce
Headquarters ® App Download The App
Questions? Live Chat Pay Your Bill Online
States of Service

Other Office Locations

  • Saint Louis County: 120 S. Central Ave., Suite 450, Clayton, MO 63105: Clayton Office
  • West County: 16024 Manchester Rd., Suite 103, Ellisville, MO 63011: Ellisville Office
  • Jackson County: 256 NE Tudor Rd., Lee's Summit, Missouri 64086: Lee's Summit Office
  • Jefferson County: 16 Municipal Drive, Suite C, Arnold, MO 63010: Arnold Office
  • St. Charles County: 2268 Bluestone Drive, St. Charles, MO 63303: St. Charles Office
  • Franklin County: 5 S. Oak St. Union, MO 63084: Union Office
  • Lincoln County: 20 Centerline Drive, Troy, Missouri 63379: Troy Office
  • Boone County: 1506 Chapel Hill Rd., Suite H, Columbia, MO 65203: Columbia Office
  • Greene County: 901 E. St. Louis, Suite 404, Springfield, Missouri 65806: Springfield, MO Office
  • St. Clair County: 115 Lincoln Place Ct., Ste. 101, Belleville, IL 62221: Belleville Office
  • Madison County: 25 Professional Park, Suite B, Maryville, Illinois 62062: Maryville Office
  • Sangamon County: 400 S. 9th St., Suite 100, Springfield, IL 62701: Springfield Office
  • McLean County: 1012 Ekstam Drive, Suite 4, Bloomington, IL 61704: Bloomington Office
  • Johnson County: 7300 West 110th Street, Suite 560, Overland Park, KS 62210: Overland Park Office
  • Sedgwick County: 2024 N. Woodlawn Street, Suite 407, Wichita, Kansas 67208: Wichita Office
  • Shawnee County: 800 SW Jackson Street, Suite 812, Topeka, Kansas 66612: Topeka Office
  • Tulsa County: 6660 S. Sheridan Road, Suite 240, Tulsa, Oklahoma 74133: Tulsa Office
  • Oklahoma County: 2601 NW Expressway, Suite 411 W, Oklahoma City, OK 73112: Oklahoma City Office
  • Monroe County: 116 W. Mill St., Waterloo, IL 62298 (by appt. only): Waterloo Office
  • St. Louis City: 100 S. 4th St., #549, St. Louis, MO 63102 (by appt. only): St. Louis Office
  • Jackson County: 2300 Main St., #948, Kansas City, MO 64108 (by appt. only): Kansas City Office

The choice of a lawyer is an important decision & should not be based solely upon advertisements. See additional disclaimers here.