Unmarried, Soon-to-be Fathers Have Rights to the Baby too.
Fathers have Rights
What happens if a boyfriend and girlfriend have sex and get pregnant? Well, we’re obviously not talking about the biological changes. We’re attorneys, not doctors.
Down the road they’ll have to face the difficult decision as to what they are going to do about the baby. Hopefully, everything is cordial and it works out well for everyone. However, there are times when people have to deal with the nasty realities of life, and contention about the future of the baby would definitely be one of those realities.
Not much is said about the rights of the father. In Utah, there are very specific requirements for an unmarried, biological father who wants to assert his rights to his baby. If the father fails to meet those requirements, he will be out of luck as to him retaining any say over the future of his baby.
We can help these fathers navigate the difficult legal landscape for asserting their rights.
FIRST
First, it’s important to remember that in Utah, unmarried fathers are presumed to be on notice of a pregnancy by virtue of the fact that they engaged in a sexual relationship. To be entitled to notice of adoption proceedings, fathers must comply with the requirements laid out in the Utah Adoption Act.
• A father must initiate proceedings in a District Court of Utah to establish paternity.
• A father must file with the court presiding over the paternity proceedings a sworn affidavit that states that: he is fully able and willing to have full custody of the child, his plan for care of the child, and his agreement to any court order for child support or expenses connected to the pregnancy or delivery.
• A father must file notice of the commencement of paternity proceedings with the state registrar of vital statistics of the state Department of Health.
• A father must offer to pay, and then actually pay, both during the pregnancy and after the birth (unless his offer is refused) a fair and reasonable amount of the expenses connected to the pregnancy and the birth.
SECOND
These requirements must be completed within one business day of the child’s birth, so it is clearly necessary to start well before the child’s birth to be certain that a father has done everything he needs to do to assert his rights over his child.
THIRD
There are nuances and differences to the requirements depending on the child’s age, when it is put up for adoption, and the notice that needs to be given by opposing parties, among other things. It can be overwhelming, and unfortunately, the state does not currently provide a clear step-by-step process to help with navigation.
CONCLUSION
If you have concerns about preserving your paternity rights, we can walk you through the various stages and requirements of the statutes to ensure you keep your rights to your baby. We have the expertise and experience to make a thoughtful difference for you. Call us today at Howard, Lewis & Petersen. We look forward to hearing from you.
CALL the family law attorneys at Howard Lewis & Petersen, PC for a free consultation. (801) 373-6345. “
