In Re Adoption of Mjb
248 P.3d 1039
Utah Ct. App.2011Background
- Mother and Husband married since 1998; M.J.B. born May 1, 2008.
- R.C.R. is M.J.B.'s biological father and filed a paternity action in September 2009.
- Husband filed an independent adoption petition naming R.C.R. as biological father and seeking termination of R.C.R.'s parental rights.
- R.C.R. was not named as a party to the adoption proceeding and apparently received no notice.
- District court issued a Decree of Adoption on December 10, 2009 terminating R.C.R.'s parental rights and declaring Husband the adoptive father.
- R.C.R. learned of the Decree and timely appealed; he did not intervene in the adoption proceeding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C.R. has standing to appeal the Decree of Adoption. | R.C.R. was aggrieved as a nonparty; he seeks review of the adoption order. | R.C.R. was not a party to the adoption proceeding and failed to intervene; thus no standing to appeal. | Dismissed for lack of standing. |
| Whether failure to name/intervene affected due process in the adoption. | Paternity action preserved rights; due process requires coordination with concurrent proceedings. | No party status in the adoption proceeding; due process not violated as a nonparty cannot appeal. | Not necessary to decide; lacking party status defeats appeal. |
| Whether rule 24 (intervention) was available to establish party status. | Intervention would have made R.C.R. a party eligible to appeal. | Intervention was not pursued; the remedy not taken; still cannot appeal as nonparty. | Intervention could have created party status; its absence bars direct appeal. |
Key Cases Cited
- Chen v. Stewart, 123 P.3d 416 (Utah 2005) (apellate standing requires party or privy status and aggrievement)
- Society of Prof'l Journalists v. Bullock, 743 P.2d 1166 (Utah 1987) (nonparties cannot appeal as of right)
- Sun Sur. Ins. Co., 99 P.3d 818 (Utah 2004) (nonparty appeal denied when not properly brought)
- Tremco Consultants, Inc., 110 P.3d 678 (Utah 2005) (denial/intervention decisions are appealable; lack of intervention defeats appeal)
- State v. Lane, 212 P.3d 529 (Utah 2009) (victim not party to criminal case; no right to appeal)