Utah Update: Legislature May Move on Adoption Fraud

This is just a brief update.  A while back there were a number of posts about a father named Terry Achane.   You poke around through the posts to get the details.  But during the course of the case there were a number of allegations of bad acts on the part of the Utah adoption agency involved.   And it wasn’t the first time, if rumors are to be believed.

It’s terrible when agencies charged with legal obligations deliberately evade the law.   It harms kids and adults.  Now here’s a story which suggests that the Utah legislature may take some steps to try to limit the potential for frauds like this.    It looks like it is in direct response to cases like Achane’s.   I’ll keep an eye on it.

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7 responses to “Utah Update: Legislature May Move on Adoption Fraud

  1. if all the parties are in agreement why cant marotta now follow whatever procedure to rescind his parental status?

    • I know that this belongs under a different post and I might try to move it (if I can figure out how). Meantime–I think that’s a good question. In general, you cannot renounce parental rights when the state arrives at your door looking of child support. And Kansas won’t allow a second-parent adoption, so there isn’t a formal proceeding by which Frazier can essentially step in for Marotta. In some ways, I think these people did what they could do when the signed the original agreement and then stuck by its terms. But your question really has made me wonder if there might be a way forward. Of course, at this point the state isn’t really concerned with decision making authority and stuff like that–the state is looking for somewhere it can get money and I don’t know if Frazier is as good a source as Marotta.

  2. whoops i meant to post that on the other thread

  3. Hopefully this legislation passes without any loop-holes.

    Unfortunately there is also another piece of legislation SB232 which would allow them to terminate a fathers rights under implied consent, i.e. he did not give emotional or financial support for the last six months of pregnancy – how do you define emotional support?

    Not sure if the following is okay to post so feel free to delete

    If you are on facebook you might want to visit “Utah Coucil for Ethical Adoption Practices (UCEAP)” – created I believe – by the former president of the Utah Council for Adoption who became tired of the ethical concerns. The lawyers for Achane speak there as well – it’s always interesting to hear many thoughts.

    • Unless I am reading it wrong, that law appears to apply not just to putative fathers, but to married fathers as well as men who followed the putative father law and were legally recognized by a court as the father????

    • I think the idea of applied consent is ok- like if a guy receives notice but doesnt bother to show up. but rhe criteria you mention doesnt make sense. a man is under no obligation to support the mother, only the child.

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