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News Blog

Adoption Council prez-elect concerned about Utah laws

by Jesse Fruhwirth
- Posted // 2010-08-03 -

The Utah Adoption Council meets today for an annual retreat. I'm told by the president-elect Wes Hutchins that several issues related to unmarried fathers and their rights to their children that I exposed in this week's cover story will be discussed.

"This is item number 1 on my agenda," Wes Hutchins told me on the phone yesterday, referring to, "Some Call It Kidnapping: How Utah adoption laws take babies from the nation's unmarried fathers." The Utah Adoption Council is a non-profit advisory committee that sponsors most of the almost-annual revisions to Utah's adoption laws.

But it's not just Utah laws that Hutchins is excited to discuss with the rest of the council: he also wants to discuss Larry Jenkins, the lawyer/lobbyist who many of the men in my article blame more than anyone else for their predicaments. Not only is Jenkins the frequent legal representative for birth mothers and adoption agencies in these cases, but he's the legislative representative for the Utah Adoption Council and a registered lobbyist for two Utah adoption agencies.

Hutchins was particularly concerned about one comment Jekins made to me. Jenkins said the bill he promoted  on behalf of the Council during the last legislative did not address some issues raised by the Chief Justice of the Utah Supreme Court and others because "I haven’t had anybody suggest that there ought to be something changed about the statute. … Why comment on provisions we aren’t changing?"

Problem is, Hutchins said he was a part of a rousing debate--conducted mostly via e-mail--in which members of the Utah Adoption Council very much discussed some of the issues in my article and suggested changes.

Hutchins is currently representing a putative father from Washington state--who I did not discuss in my cover story only because I was not aware of the case (maybe a follow up)--who opposed the adoption of his child but lost--in part--because the child's mother delivered the child in Utah and placed it for adoption under this state's laws, which are unusually difficult for unmarried fathers to navigate, especially those from out of state. Hutchins client has a filed federal RICO complaint, a law created to fight organized crime, which alleges a criminal conspiracy between the birth mother, adoption agency and others, to kidnap and commit mail fraud.

Hutchins also said he plans to follow up with some of the sources I quote in the article, including putative father/adoption expert Erik Smith and executive director of the New York City-based Evan B. Donaldson Adoption Institute, Adam Pertman. Both support adoption, but worry not only that U.S. laws inadequately protect unmarried fathers in many adoption cases, but that the situation is uniquely acute in Utah.

I've covered this issue now for almost five years. I'm curious to see if changes these fathers will applaud may be on the way in the next legislative session.

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REPLY TO THIS COMMENT
Posted // September 9,2010 at 01:41

I won custody of my child, in utah, in circumstances very different (but not tooo different) from the plight of Emma's dad, but nevertheless I found that a coherent case presented to a reasonable judge can gain traction. This case regarding Emma is a high-profile news case now, but behind the flurry of reports, the judges must have facts to determine not only the law, but, really and truly, where the best placement for the child will be. In Emma's case the mum didn't want her. End of story. But who next? And by what measure should we make that decision? By religion? biological imperitive? financial practicalities? common decency? And - pardon my insolence - was the mum paid for this service of adopting her child away? (yes, dear reader, some mothers get paid cash by adoptive parents and agencies for their babies; but do the dads get a cut of the loot?)(PS - Adoption info is public info at the county court, last time I looked) And, what were mum's motives for denying dad the right and option of being dad? There is no better way to spite a man than to deny, remove, sell the man's biological child out from under him. It is the ultimate form of payback, a fabulously painful blow. But now to the dad - is he a stellar citizen worthy of raising the child? Does he have skeletons in his closet? (Does anyone not have some bones rattling around?) But has he not expressed sufficient and credible desire to prove his worth as a father by going public with his agonizing tale? Really, how is it that a father must prove his worthiness as a father when a mother can slough off a baby she doesn't want with the stroke of a pen on an adoption form? Where is the moral sense in that? Oh, this is not a pretty tale, and I doubt the whole tale has been unveiled. Regardless, this case is a battlegound for some basic primal issues of biological succession: Who has foremost right to a child? Mum? Dad? An adoptive parent? a good attorney/lobbyist/adoption agency? A judge - who is also considering 20 cases in the same day? Someone with an inside track to people in power? To base a legal decision as important to the child, the parents, adoptive parents and to future outcomes of similar cases, on details like whether-or-not a dad filed a paternity-related document in the required time (a document most people would not know was required) is an insult to the intent of laws created to protect children and to uphold the institution of parenthood. I can tell you from personal experience that in utah critical filings for child custody matters are routinely ignored/broken/given leeway/lost/misplaced/misinterpreted/waived by courts, all at the discretion of judges and clerks of the court. The Appeals Court and the Supreme court are intended to filter law into the most pure and 'correct' applications and to 'correct' the potential flaws that district courts might build into a case. However, it seems quite primal and straightforward to this reader that if a mother does not want a child or is incapable to care for said child, then the father should have the next right of refusal to raise that child. If he does not or can not care for said child, then adoption is logical. but a willing father's natural right should not be obfuscated by the shennanigans of lobbyists, lawyers and shufflers of a mountain of paperwork that is replete with incomprehensible language and unfollowable rules. Some day this child will read all the legal paperwork and the newspaper accounts of the battle waged over her. Whatever the outcome she'll want to know who her biological parents are, and she'll want to know who made the decisions that got her to the place where she has landed. That will be her right to know, warts and all, and one hopes she can handle that knowledge. One also hopes that those who will make the decisions in this case can sleep with the same knowledge.

 

Posted // September 15,2010 at 11:50 - Let's look at the legalities of this case, Singlefather. 1) Mom could not legally sign away her rights when she did. Virginia law -- where she was -- protects her for three days after the birth of a baby. This is sensible as a woman is both physically exhausted after the birth of a child AND her hormones are still fluctuating like crazy for days after the birth. So there's your first "hmmmm" about this case. 2) Mom has stated publically that she regrets her decision. 3) Mom told the kidnappers that the father wanted this child and needed to be notified -- the kidnappers, naturally enough, neglected to do that and instead fled the state of Virginia WITHOUT the father's permission. 4) If Mom got paid (a big IF in my mind) that's between her, Jenkins and the adoptive kidnappers. It certainly doesn't make the actions of Jenkins or the adoptive kidnappers any more legal. 5) Your pathetic attempt to ad hominem the father is sleazy and dispicable. He doesn't have to prove his worthiness to raise his own child -- the adoptive kidnappers are the ones who broke the law. In fact, I believe I read that the commonwealth of Virginia has requested their presence to answer for their failure to abide by their legal (and jurisdictional) judgment of custody in the father's favor over a year ago. So perhaps the better question is; just why did this couple find it necessary to steal a child from another state? What skeletons are rattling in THEIR closet? What is it that prevents them from actually legally adopting a child that both parents have agreed to put up for adoption. And, of course, why are you pretending to be a father who won custody of his child in "not tooo different circumstances" and then attacking the father instead of realizing the SERIOUS legal violations in this case? Inquiring minds would like to know...

 

REPLY TO THIS COMMENT
Posted // August 18,2010 at 19:59

Clearly you are smoking crack! Jenkins and everyone who support him are a bunch of thieves. Did he steal a baby for you? That would be the only reason I could envision supporting him. Why don't you pull your head out and realize that Jenkins is ruining lives of people who deserve to raise their children. Every man in this article had intent to raise their children. Not the fault of the father that the birth mothers didn't want anything to do with the children. You should pray to God that this doesn't ever happen to you or one of your family members.

 

Posted // September 15,2010 at 11:37 - @ enon amous "Wow....bitter much? If every man in the article had the intent to raise the children, they would have married the mothers." Only an absolute moron believes that a man who does not marry the mother of his children has no intention of supporting his child. My father never married the mother of his oldest daughter -- a wise decision on his part -- but he supported her from the moment she was conceived until she graduated from college. In fact he went to court no less than three times to prevent her mother from removing his parental rights on a whim. Grow up, enon amous and join the real world where people have motives beyond the hypocritical "values" of the LDS "faith". "Or not conceived children with women they were not married to." Right -- and just who appointed you the "marriage" police? Marriage and parenting are two different things. Get a clue.\ "Who says the birth mothers wanted nothing to do with the children? Perhaps they just wanted their children to have 2 parents." Considering Emma's mother was spirited away to a hotel room and pressured (by her own testimony) into giving up the child long before it was legal for her to do so in Virginia AND considering she regrets this act -- I'd say this had nothing to do with her wishes at all. It was all about Grandma not being shamed by an illegitimate grandchild and Jennkins makin' da' money off of someone else's pain -- not that you care because up on your sanctimonious high horse you can't actually observe the pain of others. "Not just one. And this really isn't about the mothers anyway. Jenkins didn't steal any babies. They were legally placed for adoption." Legally? Not in the state she was born in. In Virginia -- where the child was -- a mother cannot sign away her parental rights for three days. A mother cannot sign away a father's rights. A father has to sign his own rights away. Legally this father has been granted full custody of his daughter in the state of her birth and Jenkins and the couple who claimed to "adopt" Emma are guilty of kidnapping. This is a crime, not an "adoption". Of course it begs the question of just what is wrong with this couple that they couldn't adopt one of the many children that are honestly available for adoption. Were they just that determined that they must have an infant from birth to program their trophy baby the "right" way? Or are they unfit parents? Inquiring minds want to know. "And since no one in my family procreates without the benefit of marriage, I am not too worried." lol, famous last words. Good luck with that -- of course you'd probably be doing the strong arming just like Emma's maternal grandmother did if one of your faimly failed to live up to your draconian standards anyway -- which is the REAL reason you aren't worried. But with any luck you'll have the "pleasure" of having someone remove someone you care about from your life "for their own good" one of these days. Be sure to keep us informed, okay?

 

Posted // August 20,2010 at 23:01 - What religion am I? Did I mention religion? Does it matter? If someone in my family were to procreate without the benefit of marriage, no I would not disown them. No, I would not demand anything. It's not my place. I would support them in whatever decision the made. You can call it whatever you want. It isn't kidnapping. Much as you would like to disregard the mothers in these cases,they have the right to place their children for adoption....and they did.Legally. Whine, cry and stamp your feet all you want. Laws may change, that is true. Doesn't mean that Jenkins is "going down." Whether you like it or not, he operates legally. If the laws change, I am sure he will continue to do so. Again, whether you like it or not, men have no legal rights to any child unless paternity is established. I don't know if Wyatt did that or not. The state Supreme court said O'dea didn't. I am not the one judging these men, I have no way to do that. You have no way of knowing how these children will feel as adults. Maybe they deserve to be with the families that raised them. For someone who rails against judging, you sound awfully judgmental.

 

Posted // August 20,2010 at 19:27 - What would you do if one of your family happened to procreate without being married? Would you disown them? Would you demand that they give their child up to a two parent home? Welcome to 2010. People have been having children out of wedlock for years. Two men in this article would have married the mothers and took care of the mothers during their pregnancy...but you wouldn't know that would you. Why? Because you are stuck on your high horse thinking that your religion gives you right to judge these fathers. Well, newsflash pal, it doesn't. Soon everyone that has to deal with the KIDNAPPING SCAM (because that is what it is) will be going down. If it wasn't illegal than why did VA rule that the child be returned. In another cases, other states have demanded the return of the kidnapped child but Larry Jenkins is so arrogant he believes he can keep any child away from their birth parents. Yeah, keep on supporting him. I would hate to be around when these children grow up and know what he did or what their adoptive families did to keep them away from their fathers. They deserve to be with their biological parents. Who knows...maybe you were kidnapped too!

 

Posted // August 20,2010 at 17:43 - Wow....bitter much? If every man in the article had the intent to raise the children, they would have married the mothers. Or not conceived children with women they were not married to. Who says the birth mothers wanted nothing to do with the children? Perhaps they just wanted their children to have 2 parents. Not just one. And this really isn't about the mothers anyway. Jenkins didn't steal any babies. They were legally placed for adoption. And since no one in my family procreates without the benefit of marriage, I am not too worried. But thanks.

 

REPLY TO THIS COMMENT
Posted // August 10,2010 at 23:54

Mr. Jenkins deserves a special place in hell for the pain he has inflicted on unwed fathers and for the lies he has both taken part in and provided legal cover for. He purposefully aids in the kidnapping of children from their fathers. There can be no other description of what he does on behalf of his immoral adoption agency clients.

 

Posted // September 15,2010 at 11:25 - He's inflicted pain on the mothers as well. Emma's mother was not legally allowed to sign away her rights until three days after the child's birth in Virginia (where Emma was born). This is a protection against the kind of strong-arm tactics this immoral lawyer employed in stealing baby Emma for profit. He belongs in jail and the so-called adoptive "parents" should also face legal consequences for their part in the kidnapping of Emma.

 

REPLY TO THIS COMMENT
Posted // August 3,2010 at 20:46

So glad to finally see people questioning Jenkins' motives. I have had a strange feeling that he adopted (kidnapped) his own children. Hopefully, once all eyes are on him, this madness will stop and all the children that have been taken away from their Fathers (and Mothers) will be returned and Jenkins himself will reimburse all the attorney fees that have been spent fighting this fight!

 

Posted // September 15,2010 at 11:23 - @enon amous, actually I would say that Jenkins has crossed the line of Federal Kidnapping charges in the baby Emma case. He clearly violated several Virginia laws and her adoption is NOT legal which would be why her father has been granted FULL custody of his daughter by the court with jurisdiction - Virginia. Yes, not only is Jenkins merrily sailing closer and closeer to legal disaster, but people like you reveal the abysmal ignorance of law and common decency in Utah every time they post. Personally, I love it. It's a real eye opener to those poor saps who are gullible enough to believe the LDS church actually believes their lies about "forever families".

 

Posted // August 18,2010 at 18:38 - Yeah, that is going to happen. Boy are you talking out of your a$$. Adoption is not kidnapping. The children that have been adopted through Jenkin's efforts will NOT be given to their biological "fathers." THAT would be kidnapping. You only think Jenkins has that much power in Utah.

 

 
 
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