Do Utah adoption statutes deny unwed fathers due process when children are born on weekends? Thurnwald v. A.E. Explained

In Thurnwald v. A.E., the Utah Supreme Court addressed a critical constitutional question involving unwed fathers’ rights when statutory filing deadlines fall on weekends or holidays. The case arose when Nikolas Thurnwald was unable to file his paternity petition because his child was born on Saturday of Labor Day weekend.

Background and facts: Thurnwald and A.E. had a romantic relationship and lived together when A.E. became pregnant. After A.E. moved out, they continued discussing plans for raising the child together, though A.E. later considered adoption. Their child was born prematurely on Saturday morning of Labor Day weekend. A.E. relinquished the child to LDS Family Services on Sunday morning after the required twenty-four-hour waiting period. Thurnwald was unable to file his paternity petition and register with the Department of Health until Tuesday because courts and state offices were closed.

Key legal issues: The court confronted two interpretations of Utah’s adoption statutes: whether the twenty-four-hour postbirth period serves solely to benefit mothers, making fathers’ filing deadlines tied exclusively to mothers’ relinquishment; or whether the statutes create a minimum filing period extending twenty-four hours after birth that may be enlarged under rule 6 of the Utah Rules of Civil Procedure when that period falls on weekends or holidays.

Court’s analysis and holding: The court held that the first interpretation was unconstitutional because it denied unwed fathers any postbirth filing opportunity when children are born on weekends or holidays. Applying fundamental principles of due process, the court determined that unwed fathers possess an inchoate constitutional interest in developing parental relationships that requires a reasonable postbirth opportunity to assert paternity. The court applied the constitutional avoidance doctrine, interpreting the statutes to provide unwed fathers with a minimum twenty-four-hour postbirth filing period subject to rule 6’s enlargement provisions.

Practice implications: This decision significantly impacts adoption proceedings by establishing that rule 6 applies to statutory deadlines in adoption cases, ensuring unwed fathers receive at least one full business day to file postbirth. Practitioners representing unwed fathers should carefully calculate filing deadlines considering rule 6’s weekend and holiday extensions, while adoption agencies and adoptive families must account for potentially extended filing periods when children are born on weekends or holidays.