78B-6-102 - Legislative intent and findings -- Best interest of child -- Interests of each party.
78B-6-102. Legislative intent and findings -- Best interest of child -- Interests ofeach party.
(1) It is the intent and desire of the Legislature that in every adoption the best interest ofthe child should govern and be of foremost concern in the court's determination.
(2) The court shall make a specific finding regarding the best interest of the child, takinginto consideration information provided to the court pursuant to the requirements of this chapterrelating to the health, safety, and welfare of the child and the moral climate of the potentialadoptive placement.
(3) The Legislature finds that the rights and interests of all parties affected by anadoption proceeding must be considered and balanced in determining what constitutionalprotections and processes are necessary and appropriate.
(4) The Legislature specifically finds that it is not in a child's best interest to be adoptedby a person or persons who are cohabiting in a relationship that is not a legally valid and bindingmarriage under the laws of this state. Nothing in this section limits or prohibits the court'splacement of a child with a single adult who is not cohabiting as defined in this part.
(5) The Legislature also finds that:
(a) the state has a compelling interest in providing stable and permanent homes foradoptive children in a prompt manner, in preventing the disruption of adoptive placements, andin holding parents accountable for meeting the needs of children;
(b) an unmarried mother, faced with the responsibility of making crucial decisions aboutthe future of a newborn child, is entitled to privacy, and has the right to make timely andappropriate decisions regarding her future and the future of the child, and is entitled to assuranceregarding the permanence of an adoptive placement;
(c) adoptive children have a right to permanence and stability in adoptive placements;
(d) adoptive parents have a constitutionally protected liberty and privacy interest inretaining custody of an adopted child;
(e) an unmarried biological father has an inchoate interest that acquires constitutionalprotection only when he demonstrates a timely and full commitment to the responsibilities ofparenthood, both during pregnancy and upon the child's birth; and
(f) the state has a compelling interest in requiring unmarried biological fathers todemonstrate commitment by providing appropriate medical care and financial support and byestablishing legal paternity, in accordance with the requirements of this chapter.
(6) (a) In enacting this chapter, the Legislature has prescribed the conditions fordetermining whether an unmarried biological father's action is sufficiently prompt and substantialto require constitutional protection.
(b) If an unmarried biological father fails to grasp the opportunities to establish arelationship with his child that are available to him, his biological parental interest may be lostentirely, or greatly diminished in constitutional significance by his failure to timely exercise it, orby his failure to strictly comply with the available legal steps to substantiate it.
(c) A certain degree of finality is necessary in order to facilitate the state's compellinginterest. The Legislature finds that the interests of the state, the mother, the child, and theadoptive parents described in this section outweigh the interest of an unmarried biological fatherwho does not timely grasp the opportunity to establish and demonstrate a relationship with hischild in accordance with the requirements of this chapter.
(d) The Legislature finds no practical way to remove all risk of fraud or
misrepresentation in adoption proceedings, and has provided a method for absolute protection ofan unmarried biological father's rights by compliance with the provisions of this chapter. Inbalancing the rights and interests of the state, and of all parties affected by fraud, specifically thechild, the adoptive parents, and the unmarried biological father, the Legislature has determinedthat the unmarried biological father is in the best position to prevent or ameliorate the effects offraud and that, therefore, the burden of fraud shall be borne by him.
(e) An unmarried biological father has the primary responsibility to protect his rights.
(f) An unmarried biological father is presumed to know that the child may be adoptedwithout his consent unless he strictly complies with the provisions of this chapter, manifests aprompt and full commitment to his parental responsibilities, and establishes paternity.
(7) The Legislature finds that an unmarried mother has a right of privacy with regard toher pregnancy and adoption plan, and therefore has no legal obligation to disclose the identity ofan unmarried biological father prior to or during an adoption proceeding, and has no obligation tovolunteer information to the court with respect to the father.
Renumbered and Amended by Chapter 3, 2008 General Session