Can parents appeal termination orders during pending adoption proceedings? In re Adoption of B.C. Explained

Background and Facts

A.K. (Mother) had four minor children with C.C. (Father). In 2013, Father was charged with sexual abuse of a minor while the family lived in Alaska. Mother and the children moved to Utah, and Father was later convicted and incarcerated. Mother divorced Father in 2016 and married L.K. (Stepfather), who began raising the children. In 2020, Mother and Stepfather petitioned for stepparent adoption and moved to terminate Father’s parental rights. The district court granted the termination after an evidentiary hearing.

Key Legal Issues

The primary issue was whether Father could immediately appeal the termination of parental rights order while the underlying adoption petition remained pending. The Utah Court of Appeals had previously ruled in In re Adoption of K.R.S. that such orders are not immediately appealable because they do not dispose of all parties and claims in the adoption proceeding, making them non-final orders.

Court’s Analysis and Holding

The Utah Supreme Court referenced its decision in Ross v. Kracht, 2025 UT 22, and retained jurisdiction over the case to hear Father’s challenges to the termination order. The Court issued a separate order requiring the parties to brief the merits of Father’s challenges, effectively allowing review despite the court of appeals’ finding that the order was non-final.

Practice Implications

This decision provides important guidance on appellate jurisdiction in adoption cases. While termination orders may not be immediately appealable under traditional finality rules, the Utah Supreme Court demonstrated its willingness to exercise jurisdiction when fundamental parental rights are at stake. Practitioners should consider seeking extraordinary review through writs of certiorari or mandamus when faced with adverse termination orders in ongoing adoption proceedings, particularly when time-sensitive parental rights issues are involved.