read and weep. mans gf tell him his baby is dead and sell to adoption in Utah

FG · Mar 31, 2013

I sat next to this man on my way to SLC this week. His story is horrible. Some Utah law, its criminal!

http://m.sltrib.com/sltrib/mobile3/56047299-219/adoption-carlton-child-utah.html.csp ://

Can somebody maybe paste the story here? I can't on my phone.

FG · Apr 1, 2013

Can somebody help me paste the story? I think it is important. I can't do it since my personal laptop is down and the tablet doesn't help w that.

RaiderLL · Apr 1, 2013

Sorry, took a minute to find it, but I think this is it?

Utah Supreme Court weighs Pennsylvanian’s adoption fight

Law » Pennsylvania man says ex told him their baby boy died, but the child was actually a girl brought here to be placed for adoption.

Christopher Carlton said he was beside himself.

First, his girlfriend left their home in Pennsylvania a month before she was due to give birth to his child in June 2010. Then, when Carlton finally tracked down Shalonda Brown,sheacknowledged she’d given birth and told him the baby boy had health problems, sending along cellphone photographs of the infant in a hospital. Days later, Brown told Carlton the baby was dead.

The truth — at least part of it — finally began to emerge later, months after a Pennsylvania judge told Brown that Carlton had a right to know where his baby was buried.

Brown then confessed the infant was alive and that she had placed him for adoption without saying where.

It took another court hearing for Carlton to learn Brown had traveled to Utah to give birth and that his child had been placed for adoption here through the Adoption Center of Choice. And then there was a final bombshell, one that came after yet another months-long delay: The baby — born on June 24, 2010, and placed for adoption two days later — wasn’t a boy. It was a girl.

On Tuesday, the Utah Supreme Court asked pointed questions about Carlton’s moves to protect his paternity rights, which a trial judge said in February came too late, and whether Utah’s Adoption Act should prevail over another state’s statute when they conflict.

The case gets at a controversial provision in Utah’s adoption law, which says unmarried biological fathers like Carlton can not use fraud or misrepresentations as a defense for failing to protect parental rights. It also focuses on due process rights of out-of-state unwed fathers.

Attorney Wes Hutchins, who represents Carlton, said in court documents that the adoption agency and birth mother engaged in an "unlawful, unconstitutional and illegal scheme" to keep Carlton from any relationship with his child, and because of that wrongdoing Carlton may challenge the adoption. Hutchins told the justices there appear to be no filing deadlines in Pennsylvania’s consent statute and one law allows a father of a child born outside of marriage to assert paternity up until that child turns age 18. Carlton did not initiate a paternity action there initially because he believed his child was dead, though he did go to court to try to find out where the child was buried. Carlton filed an action in Utah as soon as he figured out the child was alive and had been born here and, despite initially being hampered by a lack of information about the adoption, should have been given standing, Hutchins argues.

Hutchins said it was unconstitutional to impose Utah law on an out-of-state father with no knowledge his child has been born here and then deny him standing once he figures that out. The crux of the adoption center’s argument is that Carlton didn’t act to protect his rights before the birth mother relinquished her rights, but there is no such time frame in Pennsylvania, hesaid.

But Justice Jill Parrish said when it comes to conflicts between state statutes, the Utah Legislature has made it "pretty clear" that Utah law controls. Utah’s law says a father who is unaware of a Utah connection must take steps in his home state to protect his rights before a birth mother relinquishes a child to be entitled to notice of an adoption proceeding
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FG · Apr 1, 2013

Thank you my fellow southern Californian. I sat next to this dude and he totallt schooled me in Utah law. It is heinous. The law seem utterly unconstitutional, giving the right to the father completely away! This outrageous law give him only 20 days to appear. 20 days! That is criminal.
The dude was in service, and even if he wasn't, how would he appear at the Utah law system in time if his gf told him the baby was dead. I'm sure he is not the only one. This law is made fit women out of state to abuse system and screw the father. This woman was notbcrazy, she knew exactly what to do to get him out of the picture, it was planned and researched. discussing.
I sat next to him on my way to SLC on Monday. He told me he had done 7, seven tours! And this is what he gets? The woman should be charged, but unfortunately the laws of Utah makes that impossible. Pure crap!
No winners here, the girl have been raised by a family for 3 years! It's awful! This Utah law needs to be struck down. It is used by out of state women to bypass the right of the father. She told him the baby was dead. I feel nauseous.

RaiderLL · Apr 1, 2013

There seems to be a lot of talk surrounding the father needing to pursue his parental rights...but he was told the baby was dead. Am I missing something? How can the adoption agency's argument be that the father "didn’t act to protect his rights before the birth mother relinquished her rights", when said father was under the impression his child had passed?

You're certainly correct...this story is heartbreaking. Regardless of the outcome, there is an (almost) 3 year old little girl who will either be torn from the only family she knows, or potentially lose out on knowing her birth father who wanted her from day one. It's absurd for the birth mom not to face criminal charges for what she's done...she made a selfish and shitty decision affecting the lives of her child and this man. :smt011

FG · Apr 1, 2013

RaiderLL said: ↑

There seems to be a lot of talk surrounding the father needing to pursue his parental rights...but he was told the baby was dead. Am I missing something? How can the adoption agency's argument be that the father "didn’t act to protect his rights before the birth mother relinquished her rights", when said father was under the impression his child had passed?

You're certainly correct...this story is heartbreaking. Regardless of the outcome, there is an (almost) 3 year old little girl who will either be torn from the only family she knows, or potentially lose out on knowing her birth father who wanted her from day one. It's absurd for the birth mom not to face criminal charges for what she's done...she made a selfish and shitty decision affecting the lives of her child and this man. :smt011
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The Utah law states the dad has 20 days. 20 days to dispute the case! I mean, seriously!..?

goodlove · Apr 2, 2013

that is crazy.......there are some crazy ass laws out there. men...people better teach themselves the law because you can be easily fucked over. always always searched the law for yourself...even if you have an atty. you can always go to the law library and do it. they cant interprete the law for you but they can tell you in 5 minutes how to look things up.

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read and weep. mans gf tell him his baby is dead and sell to adoption in Utah

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