Donjuan v. McDermott

Justice PARRISH,

opinion of the Court:

INTRODUCTION

1 Utah Code section 78B-6G-121 provides that an unwed father's consent to the adoption of his child is not required unless he files a paternity petition and a sworn affidavit stating, among other things, that he is willing to pay child support and take custody of the child. The statute requires that the father comply with these requirements before the mother executes her consent to the adoption.

12 This case requires us to determine whether a paternity petition can be amended under rule 15 of the Utah Rules of Civil Procedure to include the…