How Was This Dad's Baby Adopted Without His Consent?

[CRAZY_CAT_WOMAN]

http://news.yahoo.com/how-was-this-dads-baby-adopted-without-his-212257422.html

Colby Nielsen thought he did everything right.

When the 20-year-old’s girlfriend welcomed their daughter Kaylee — and the unmarried couple of two years were divided on whether to put the baby up for adoption — they discussed it while caring for the newborn in his parents’ home, in Lewiston, Utah. Yet a week later, the mother decided she was going to sign the adoption papers, so Nielsen filed for paternity and got the birth certificate amended, naming him as the biological father in order to raise Kaylee himself. Only trouble was, that wasn’t enough to guarantee him parental rights. Despite his wishes, hopes, and heartache, 13-day-old Kaylee was taken from Nielsen and placed with adoptive parents on Nov. 18. “I would like her back,” the new dad told KSTU, breaking down into tears about how he’s kicked off a legal battle to get his little girl back. Nielsen’s lawyer, Wes Hutchins calls the whole ordeal a “gross miscarriage of justice” and blasted, “They took this man’s daughter without his knowledge or consent…That is essentially, by definition, stealing.“ Calling Utah’s paternal rights laws “statutorily skewed against biological fathers,” Hutchins added, “You can do these things without any notice or consent from the biological father.”

Any thoughts? How is this even right?

 

[Cerberus~Infinite]

Relax dude, you can make another one. That being said, if this dude bashed the mothers head in with a baseball bat and I was on the jury, I wouldn't convict him. When people can't find justice in the law, they can only learn to live with the injustice, or do something about it. I hope the media attention and outrage will bring this to a satisfactory end.

I wonder if he just took her back if he would charged with kidnapping. And if he were, who here would convict him for it?

 

[CRAZY_CAT_WOMAN]

Relax dude, you can make another one.

A person that love their child cant just replace that kid, by having another kid.

That being said, if this dude bashed the mothers head in with a baseball bat and I was on the jury, I wouldn't convict him.

If he did that. I could see why the mother put the child up for adoption. Also the courts allowed this to happen. Not just the mother.

I hope the media attention and outrage will bring this to a satisfactory end.

Well at least you make since here.

I wonder if he just took her back if he would charged with kidnapping. And if he were, who here would convict him for it?

Yes. he would be charged with kidnapping. And since Utah is a very pro traditional marriage state.He would very likely be convicted.

 

[rambot]

My thoughts: This could be a parental capacity issue; a safety issue. If the story is EXACTLY as how this father presents it, it seems messed up. But there are certainly always more than one version of the truth. I'd like to hear what other parties have to say.

My question is: Why did he get the birth certificate ammended to be the father? Why wasn't he initially placed on the birth certificate? I have a distinct feeling that there may be some kind of legal implications with that kind of (non)action.

 

[keith99]

Guy does not step up and admit paternity then decides at the last minute he wants the child.

Sorry but no sympathy from me. If he had stepped up from the beginning I'd feel differently.

 

[CRAZY_CAT_WOMAN]

My thoughts: This could be a parental capacity issue; a safety issue. If the story is EXACTLY as how this father presents it, it seems messed up. But there are certainly always more than one version of the truth. I'd like to hear what other parties have to say.

My question is: Why did he get the birth certificate ammended to be the father? Why wasn't he initially placed on the birth certificate? I have a distinct feeling that there may be some kind of legal implications with that kind of (non)action.

Some mother refuse to allow dad to sign the birth certificate. It's more common, than you think. It happens when a lot when woman try to sneak and get their baby adopted off. Or when the mothers not sure who the father is. Or doesn't want the father in the babies life.

 

[rambot]

Some mother refuse to allow dad to sign the birth certificate. It's more common, than you think.

How is THAT even legal? Why would either parent have control over the names of a child's parent on a birth certificate.

It happens when a lot when woman try to sneak and get their baby adopted off. Or when the mothers not sure who the father is. Or doesn't want the father in the babies life.

All of that seems wrong. Even if a father is a rapist, it seems the boy's father should be on the birth certificate. It's for the CHILD, not the MOM/parent.

 

[CRAZY_CAT_WOMAN]

How is THAT even legal? Why would either parent have control over the names of a child's parent on a birth certificate. .

I can be pregnant and not put the baby's dad on the birth certificate. Where the certificate has father. They put un known. Some mothers will go to different states and have the baby. Then just leave the fathers name un known. Also the father can refuse to sign.

All of that seems wrong. Even if a father is a rapist, it seems the boy's father should be on the birth certificate. It's for the CHILD, not the MOM/parent

I knew someone that put her husband on the birth certificate of her first child. Because the child father broke up with her and ended up molesting a child. And then went to prison . She said she wound never tell her daughter who her birth father is.

 

[rambot]

I knew someone that put her husband on the birth certificate of her first child. Because the child father broke up with her and ended up molesting a child. And then went to prison . She said she wound never tell her daughter who her birth father is.

"Secrets secrets are no fun. Secrets secrets hurt someone". There is a time and a place to share info like that. Keeping it hidden for ever can do more harm if it ever gets found out.

 

[squirrel123]

All of that seems wrong. Even if a father is a rapist, it seems the boy's father should be on the birth certificate. It's for the CHILD, not the MOM/parent.

So you think it's a good idea for a woman to give her rapist a say in the life of child that resulted from that crime? To have to ask him to sign for things like international travel visas? To give him a right to demand access to the child, even sue for custody?

A birth certificate isn't merely a record. It's a legal document that, among other things, grant the parents certain rights. A rapist doesn't deserve any of those rights and a rape victim doesn't deserve to have to continually fight to keep her child safe from the rapist on their birth certificate.

 

[rambot]

So you think it's a good idea for a woman to give her rapist a say in the life of child that resulted from that crime? To have to ask him to sign for things like international travel visas? To give him a right to demand access to the child, even sue for custody?

A birth certificate isn't merely a record. It's a legal document that, among other things, grant the parents certain rights. A rapist doesn't deserve any of those rights and a rape victim doesn't deserve to have to continually fight to keep her child safe from the rapist on their birth certificate.

All of what you say is true. But before all those things, a birth certificate is a document which belongs to the child.
I do NOT think those things; I certainly DO believe that unhealthy parents (regardless of gender) should have controlled and monitored access to their kids (in my previous line of work, that was exactly what I supervised). And, if it affects the child too profoundly, visits should be temporarily suspended.
BUT, unhealthy or not, it seems it's ultimately in the child's best interest for them to have an age appropriate understanding of who their parents are (ie...you aren't going to bluntly say to a 6 year old "Yeah, so your dad raped me and ran off".) And when the time comes, the birth certificate becomes the child's document legally.

 

[CRAZY_CAT_WOMAN]

"Secrets secrets are no fun. Secrets secrets hurt someone". There is a time and a place to share info like that. Keeping it hidden for ever can do more harm if it ever gets found out.

This has been happening, since the 50's at least. Maybe way before. Utah's the perfect state for woman to give their babies up for adoption. And keep dads from having rights, since a fathers signature isn't needed. Also this is a perfect state to make a woman feel guilty. For not giving their child the perfect loving mother and father marriage scenario.

 

[JustMeSee]

I skipped the comments after reading the updating article.

Adoptions can be problematic. Open adoptions just create a whole other possible issues. Even planning to relinquish parental rights prior to birth is never a guarantee. It was discussed. For whatever reason, his name was not on the birth certificate. She apparently made the decision on her own.

The father, once documented, had every right to stop the adoption. Now that parental rights are back to biology it isn't clear what will happen between mom and dad.