Stopping an adoption: In Utah, unwed fathers rarely win | The Salt Lake Tribune
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(Leah Hogsten | The Salt Lake Tribune) Ramsey Shaud (left) of Crestview, Fla., attended a Utah Supreme Court hearing with his attorney Daniel Drage (right) in September. The court is weighing whether Shaud met requirements of Utah's adoption law in regards to his daughter, born Jan. 15, 2010.
Stopping an adoption: In Utah, unwed fathers rarely win

Ramsey Shaud admits the circumstances were not perfect. He wasn’t even sure he loved Shasta B. Tew.

Still, when Shaud learned in 2009 that Tew was pregnant as a result of their casual relationship but didn’t want to be a mother, he stepped up.

Shaud told Tew he wanted to be a dad and would raise the child, with help from his family.

But Tew, then 19, apparently didn’t like that idea and, as she began pursuing adoptive parents for the coming baby, Shaud moved quickly to protect his parental rights. Shaud, who was 22, learned he needed to sign with the Putative Father Registry in Florida, their home state, so he would be notified of any proposed adoption. It turned out to be a simple process: He printed out a form he found online and sent it in, along with the $20 filing fee.

Related story • Utah adoption law: model for nation or unjust burden? • http://bit.ly/vFuYQ8

Related story • Would-be Utah dad says misplaced trust cost him his son • http://bit.ly/tFaA2J

Story continues below

Five months later, Tew’s mother hand-delivered to Shaud a terse three-line note about his ex-girlfriend’s plan to visit Arizona and Utah for the holidays. Shaud feared — rightfully, he says — that the real intent of the trip west was to give birth in a state where he was less likely to be able to assert any claim to the child.

That same day, Shaud had no trouble finding a form for Arizona’s registry online; he printed it, filled it out and mailed it in. But despite hours spent dissecting the Utah Department of Health’s website, which he figured was the logical place to look, Shaud was unable to locate a similar form or information about what he needed to do here.

That’s because Utah, unlike most states with registries aimed at unmarried fathers, doesn’t make a form or directions on how to proceed available online. In fact, the phrase "putative father," used in state law to describe an unwed biological father, isn’t mentioned anywhere on the websites of the health department or Office of Vital Records and Statistics, the agency charged with maintaining Utah’s registry. Utah law requires that forms be made available through local health departments, but office policy is not to do so, according to Director Janice Houston.

"The state makes the form available at the [Utah] Department of Health, but you have to pick it up in person, which is impossible for a father who lives out of state," said Joshua Peterman, an attorney who has three active cases involving unmarried fathers.

Shaud, a resident of Crestview, Fla., is one of a string of men who say Utah intentionally makes it difficult to protect their rights when they oppose adoption.In fact, unmarried fathers face a hodgepodge of approaches across the country regarding their rights. A Salt Lake Tribune review found Utah is not the only state where determining how to protect those rights is difficult — a problem some experts say would be solved by creating a national putative-father registry.

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Does Utah make it intentionally difficult for unmarried biological fathers to protect their paternal rights? If a half-century of legal precedent is any indication, fathers in this state rarely win.

Photos
(Leah Hogsten  |  The Salt Lake Tribune)  
Ramsey Shaud (left) of Crestview, Fla., attended a Utah Supreme Court hearing with his attorney Daniel Drage (right) in September. The court is weighing whether Shaud met requirements of Utah's adoption law in regards to his daughter, born Jan. 15, 2010.
(Leah Hogsten  |  The Salt Lake Tribune)  
Ramsey Shaud (left) of Crestview, Fla., attended a Utah Supreme Court hearing with his attorney Daniel Drage (right) in September. The court is weighing whether Shaud met requirements of Utah's adoption law in regards to his daughter, born Jan. 15, 2010.
(Leah Hogsten  |  The Salt Lake Tribune)  
Ramsey Shaud (left) of Crestview, Fla., attended a Utah Supreme Court hearing with his attorney Daniel Drage (right) in September. The court is weighing whether Shaud met requirements of Utah's adoption law in regards to his daughter, born Jan. 15, 2010.
(Leah Hogsten  |  The Salt Lake Tribune)  
Ramsey Shaud (left) of Crestview, Fla., attended a Utah Supreme Court hearing with his attorney Daniel Drage (right) in September. The court is weighing whether Shaud met requirements of Utah's adoption law in regards to his daughter, born Jan. 15, 2010.
(Leah Hogsten  |  The Salt Lake Tribune)  
Ramsey Shaud (left) of Crestview, Fla., attended a Utah Supreme Court hearing with his attorney Daniel Drage (right) in September. The court is weighing whether Shaud met requirements of Utah's adoption law in regards to his daughter, born Jan. 15, 2010.
(Leah Hogsten  |  The Salt Lake Tribune)  
Ramsey Shaud (left) of Crestview, Fla., attended a Utah Supreme Court hearing with his attorney Daniel Drage (right) in September. The court is weighing whether Shaud met requirements of Utah's adoption law in regards to his daughter, born Jan. 15, 2010.
At a glance

What Utah law requires of unmarried, or so-called putative, fathers

From within Utah

A birth mother may consent to an adoption or relinquish an infant as soon as 24 hours after giving birth, and the decision is final. An unmarried father residing in Utah who wants to protect his parental rights must do the following either before that happens or, if the birth occurs on a weekend or holiday, within one business day:

File a paternity action in a Utah court stating he is “willing and able” to have full custody and will pay child support, pregnancy-related and childbirth expenses. It also must detail a plan for the child’s care.

File a “notice of commencement of paternity proceeding” with the Office of Vital Statistics.

Prove he paid for a reasonable share of the mother’s pregnancy-related and childbirth expenses, unless he is able to show he did not know about the pregnancy or was not allowed to pay expenses.

From outside Utah

An unmarried father living in another state has 20 days from his discovery that a birth occurred in Utah or the mother executes consent or relinquishment to intervene, provided he proves that:

He did not know and could not have known through “exercise of reasonable diligence” that the child or the child’s mother resided in Utah on a temporary or permanent basis during the pregnancy; the mother intended to give birth in Utah; child was born in Utah; or the mother planned to give consent or relinquish her rights in Utah or under Utah laws.

He complied fully with the putative-father or adoption law in the state where conception occurred or where he last knew the mother resided.

Interactive timeline

View an interactive timeline of lawsuits filed by putative fathers at http://tinyurl.com/bsbwqzq

Editor’s note

This is the first of four stories examining adoption in the context of unmarried fathers’ rights under Utah law.

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