456 P.3d 750
Utah2019Background
- Mother married Husband in 2012; Husband later spent time in Mexico and the couple separated for a period.
- During the separation Mother had a relationship with Castro and conceived a child; Husband returned and the child was born while Mother and Husband remained married.
- Under the Utah Uniform Parentage Act (UUPA) Husband is a "presumed father" because the child was born during the marriage.
- Castro (an alleged/biological father) filed to adjudicate paternity, custody, support, and parent-time; Mother moved to dismiss for lack of standing citing R.P. v. K.S.W. and UUPA § 78B-15-607(1).
- The district court dismissed; the court of appeals certified constitutional questions and the Utah Supreme Court granted review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the UUPA grant standing to an alleged father to adjudicate paternity when a presumed father exists? | Section 78B-15-602(3) expressly grants standing to "a man whose paternity of the child is to be adjudicated"—this includes Castro; §607(1) is a timing rule and does not strip standing. | §78B-15-607(1) should be read to limit who may raise paternity when a presumed father exists (mother, presumed father, and support agency); R.P. supports denying standing to other alleged fathers. | The Court holds §602 grants standing to alleged fathers and §607(1) imposes timing limits for certain parties but does not revoke standing. Overrules R.P. and reverses dismissal. |
| If §607(1) were read to deny standing, would that interpretation present constitutional problems? | Castro contends a denial of standing would violate procedural and substantive due process and equal protection. | Mother argues policy (protecting marriage, finality) justifies §607(1) as limiting challenges. | The Court avoids the constitutional question by adopting the statutory interpretation that avoids raising serious constitutional doubts; it did not decide the constitutional claims. |
Key Cases Cited
- R.P. v. K.S.W., 320 P.3d 1084 (Utah Ct. App. 2014) (court of appeals precedent holding limited standing under §607 later overruled)
- Hudgens v. Prosper, Inc., 243 P.3d 1275 (Utah 2010) (standard of review for motion to dismiss)
- Bagley v. Bagley, 387 P.3d 1000 (Utah 2016) (statutory interpretation—ascertaining legislative intent)
- Waite v. Utah Labor Comm’n, 416 P.3d 635 (Utah 2017) (review of statutory interpretation and constitutionality)
- Marion Energy, Inc. v. KFJ Ranch P’ship, 267 P.3d 863 (Utah 2011) (use of other modes of statutory construction when language ambiguous)
- Troxel v. Granville, 530 U.S. 57 (U.S. 2000) (parental liberty interest in care, custody, and control of children)
- Lehr v. Robertson, 463 U.S. 248 (U.S. 1983) (biological link alone does not guarantee constitutional protection; opportunity to develop relationship is key)
- In re Adoption of T.B., 232 P.3d 1026 (Utah 2010) (due process satisfied by providing unwed biological fathers meaningful chance to preserve relationship)
