J.M.W. v. T.I.Z.
2011 UT 38
| Utah | 2011Background
- Adoption of Baby E.Z. in Utah by prospective parents; birth mother relinquished rights and consented to adoption on Feb. 12, 2009.
- Wyatt, the birth father, challenged the Utah adoption proceeding after Utah court accepted the petition.
- Virginia order (PKPA-based) granted Wyatt custody in Dec. 2009, prompting Wyatt to argue PKPA divested Utah court of jurisdiction.
- Utah district court denied Wyatt’s motions to intervene, object to, or dismiss adoption; Wyatt did not raise PKPA in district court.
- Utah appellate decision held PKPA applies to adoptions but waives its application due to Wyatt’s failure to raise it below, and affirmed denial of Wyatt’s rights due to noncompliance with Utah law.
- Wyatt also failed to timely establish parental rights under Utah law prior to the birth mother’s relinquishment, leading to waiver of his consent rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does PKPA apply to adoptions? | Wyatt—PKPA should apply and void Utah jurisdiction. | Prospective Parents—PKPA does not apply to adoptions; waiver bars review. | PKPA applies to adoptions but does not divest state jurisdiction. |
| Does PKPA divest Utah courts of jurisdiction if applicable? | Wyatt contends PKPA withdraws Utah jurisdiction. | Wyatt’s failure to raise PKPA below precludes review; PKPA is waivable. | PKPA does not divest jurisdiction; waiver applies. |
| Did Wyatt preserve PKPA issue given waiver rules? | Wyatt argued PKPA on appeal as jurisdiction issue. | PKPA not raised in district court, thus waived. | Wyatt waived PKPA by not raising it below. |
| Did Wyatt timely assert Utah parental-rights requirements? | Wyatt acted promptly to preserve rights. | Wyatt failed to timely comply with Utah law before relinquishment. | Wyatt forfeited/waived rights under Utah law. |
Key Cases Cited
- In re Custody of K.R., 897 P.2d 896 (Colo.App.1995) (adoption/custody interplay cited for custody determinations)
- J.S. v. P.K. (In re Adoption of I.K.), 220 P.3d 464 (Utah 2009) (PKPA applicability and preservation of issues in Utah adoption)
- Johnson v. Johnson, 234 P.3d 1100 (Utah 2010) (subject-matter jurisdiction in divorce context; PKPA waiver analysis)
- Curtis v. Curtis, 789 P.2d 717 (Utah Ct.App.1990) (PKPA subject-matter jurisdiction waiver discussion (overruled))
- Ex parte D.B. & T.B., 975 So.2d 940 (Ala.2007) (PKPA waiver concept discussed in other jurisdictions)