Does filing a declaration of paternity alone establish an unmarried father's right to consent to adoption? In re R.M. Explained

In In re R.M., the Utah Court of Appeals clarified that unmarried biological fathers have multiple independent pathways to establish their right to consent to their child’s adoption under Utah Code section 78B-6-120(1).

Background and Facts

Father and Mother were never married but had a child together in 2002. Father was listed on the birth certificate, and both parents executed a voluntary declaration of paternity. After Mother married Stepfather in 2004, they filed for adoption and termination of Father’s parental rights when the child was eight years old. The trial court initially granted the adoption by default, but later set it aside for insufficient notice. However, the court then ruled that Father’s filing of a declaration of paternity was insufficient to establish his right to consent, requiring him to also comply with the separate paternity provisions under Utah Code section 78B-6-121 and 78B-6-122.

Key Legal Issues

The central issue was whether an unmarried biological father who files a declaration of paternity must also comply with the paternity provisions to establish his right to consent to adoption, or whether filing the declaration alone is sufficient under Utah Code section 78B-6-120(1)(e).

Court’s Analysis and Holding

The Court of Appeals applied principles of statutory interpretation, emphasizing that statutes must be read to give meaning to all parts and avoid rendering portions superfluous. The court identified that section 78B-6-120(1) establishes three distinct ways for unmarried biological fathers to obtain consent rights: (1) adjudication as the child’s father, (2) filing a declaration of paternity, or (3) demonstrating compliance with paternity provisions. The court noted that a valid declaration of paternity “confers upon the declarant father all of the rights and duties of a parent” and is “equivalent to a legal finding of paternity.”

Practice Implications

This decision provides important guidance for family law practitioners representing unmarried fathers in adoption proceedings. The ruling confirms that the three pathways in Utah Code section 78B-6-120(1) are independent alternatives, not cumulative requirements. Practitioners should note that while filing a declaration of paternity is simpler than complying with paternity provisions, it requires the mother’s signature, making it unavailable when mothers refuse to acknowledge paternity.