Can an invalid marriage establish presumed fatherhood in Utah adoption cases? In re Adoption of C.C. Explained

In In re Adoption of C.C., the Utah Supreme Court addressed when an invalid marriage can establish presumed fatherhood under Utah Code section 78B-15-204(1)(c), reversing a district court’s summary judgment that dismissed a putative father from adoption proceedings.

Background and Facts
J.S.P. and K.C. attempted to marry in New Hampshire in 2013, obtaining a marriage license and certificate. However, the marriage was legally invalid because K.C. was still married to another man. C.C. was born in August 2017, and K.C. relinquished her parental rights for adoption. When J.S.P. sought to intervene in the adoption proceedings claiming presumed father status, the district court granted intervention but later dismissed him on partial summary judgment, finding the bigamous marriage was not entered into “in apparent compliance with law.”

Key Legal Issues
The court addressed two primary issues: (1) whether the appeal was timely filed given J.S.P.’s earlier abandoned appeal from the partial summary judgment order, and (2) whether J.S.P. qualified as a presumed father under section 78B-15-204(1)(c) despite the invalid marriage.

Court’s Analysis and Holding
The Supreme Court first held it had appellate jurisdiction, explaining that the partial summary judgment order was not a final, appealable order since it didn’t resolve all claims and parties’ rights. The court then reversed on the merits, interpreting “apparent compliance with law” as “ostensible” or “seeming” compliance rather than actual legal validity. The marriage met this standard because the parties obtained an official license and certificate. The court emphasized that the statute explicitly covers attempted marriages “even if” they “could be declared invalid.” Additionally, the child was born “during the invalid marriage” since no statutory termination event (death, annulment, declaration of invalidity, divorce, or separation decree) had occurred.

Practice Implications
This decision clarifies that presumed fatherhood can arise from marriages that are legally void ab initio if entered into with proper documentation. Practitioners should note that an invalid marriage continues “during” its existence until formally terminated by one of the statutory mechanisms, regardless of when parties discover the invalidity. The ruling also highlights the importance of seeking Rule 54(b) certification when dismissing parties from multi-party proceedings to create immediately appealable orders and avoid jurisdictional complications.