What must unmarried fathers include in care plans to block adoption? N.T. v. Doe Explained

In N.T. v. Doe, the Utah Court of Appeals addressed the strict compliance requirements for unmarried biological fathers seeking to preserve their parental rights in adoption proceedings. The case provides crucial guidance on what constitutes adequate planning documentation under Utah’s adoption statutes.

Background and Facts

N.T. sought to intervene in and dismiss an adoption petition for Baby Boy Doe, claiming he had strictly complied with statutory requirements as an unmarried biological father. Under Utah Code Section 78B-6-121(3), an unmarried father’s consent is required for adoption only if he strictly complies with specific requirements within one business day of birth, including filing a sworn affidavit stating his ability and willingness to have custody, setting forth care plans, and agreeing to support obligations.

Key Legal Issues

The court examined two critical deficiencies in N.T.’s compliance: whether his amended petition qualified as a properly executed sworn affidavit, and whether his documentation adequately set forth plans for care of the child as required by statute.

Court’s Analysis and Holding

The court found N.T. failed to strictly comply on two grounds. First, his amended petition was neither signed nor notarized, failing to qualify as a sworn affidavit. Second, his bare statement requesting “permanent care, custody, and control” was utterly deficient in setting forth actual care plans. The court emphasized that care plans must specify, at minimum, how the father will financially support the child and provide insight into daily caregiving responsibilities.

Practice Implications

This decision underscores the unforgiving nature of Utah’s strict compliance standard for unmarried fathers. Judge Davis’s concurrence highlighted concerning vagueness in the statutory requirements, noting the lack of guidance on what constitutes adequate care plans. Practitioners must ensure all filings are properly executed and include specific details about income sources, childcare arrangements, and daily care responsibilities to avoid losing parental rights on procedural grounds.