Bill Would Clarify Rights of Fathers of Children Up For Adoption


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SALT LAKE CITY (AP) -- A bill to clarify the rights of fathers whose children are being put up for adoption has advanced to the House floor.

Rep. Ann Hardy, who has an adopted daughter, said the state's current adoption code doesn't adequately address the role of biological fathers.

The bill would require the office of vital records to send notice to a biological father and allow him 10 days to assert rights to the child.

"I had a judge in the 2nd District say he had a case where an unmarried birth father came back after five years to claim rights to the child," Hardy said. "This sets timelines."

The Bountiful Republican said the bill is not about taking fathers out of the process.

"This protects all people involved," she said. "The biggest fear for adoptive parents is that they will bond with the child and something is going to come along and change that."

Larry Jenkins, an attorney and member of the Utah Adoption Council, said the bill also aims to help biological fathers who live in another state.

Nonresident fathers would have 20 days after learning about the pregnancy to claim parental rights.

"Right now the way the law reads, he's got to hurry up and call a Utah attorney and comply with Utah laws," Jenkins said. "I thinks there is some question about whether that comports with due process or not."

The bill also removes the additional background checks required for nonresident adoptive parents.

"This discrimination is really unnecessary and sometimes causes delay even though the nonresident's home state has already cleared them," she said.

(Copyright 2006 by The Associated Press. All Rights Reserved.)

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