Must Utah parents sign a document to relinquish parental rights? In re A.G. Explained

In In re A.G., the Utah Court of Appeals addressed a critical question about the requirements for voluntary relinquishment of parental rights in child welfare proceedings: whether oral confirmation under oath is sufficient, or whether a parent must actually sign a document.

Background and Facts

The Division of Child and Family Services took custody of three children and filed petitions seeking to terminate Mother’s parental rights. At a virtual hearing, Mother appeared under oath and orally confirmed her intent to voluntarily relinquish her parental rights. The juvenile court accepted this oral relinquishment. However, Mother never signed any written document effectuating the relinquishment. When Mother later refused to sign the contemplated document and moved to set aside the relinquishment, the juvenile court denied her motion, interpreting the governing statute as not requiring a signature.

Key Legal Issues

The central issue was the interpretation of Utah Code section 80-4-307, which governs voluntary relinquishment of parental rights. The statute contains language stating that a parent “shall sign or confirm the consent or relinquishment under oath,” creating ambiguity about whether these represent alternative pathways to relinquishment or complementary requirements.

Court’s Analysis and Holding

The Court of Appeals reversed, holding that the statute requires a signed document. The court applied principles of statutory interpretation, examining the statute’s language holistically to give meaning to all provisions. Critically, subsection (3) requires the court to certify that the parent “has read and understands the consent or relinquishment and has signed” it, while subsection (4) states that relinquishment “is effective when the voluntary relinquishment or consent is signed.” The court concluded that the “or confirm” language in subsection (1) refers to situations where a parent signs the document outside the court’s presence but confirms the signature under oath before the judge.

Practice Implications

This decision provides crucial guidance for practitioners handling termination of parental rights cases. The court emphasized that giving up parental rights is “a momentous step” requiring the “certitude of a signature.” Practitioners should ensure relinquishing parents sign the appropriate documents either before or during the hearing to avoid post-hearing complications. The court specifically encouraged having parents sign relinquishment documents in the court’s presence to foster “clarity and finality.”