FRAUD

Utah State Law 78B-6-106 Responsibility of each party for own actions-fraud or misrepresentations. “Any person injured by fraudulent representations or actions in connection with an adoption is entitled to pursue civil or criminal penalties in accordance with existing law.  A fraudulent representation is not a defense to strict compliance with the requirements of this chapter, and is not a basis for dismissal of a petition for adoption, vacation of an adoption decree, or an automatic grant of custody to the offended party. Custody determinations shall be based on the best interest of the child, in accordance with the provisions of section 78B-6-133.”

On September 27^th,  before Commissioner Tack in the temporary custody hearing, the above law was  LDS Family Services only defense: FRAUD. Fraud is allowed in Utah adoptions. As previously stated by Adoption attorney Wes Hutchins,” Utah law supports deception. She can lie. She can misrepresent. She can commit fraud. That's expressly what the state permits the woman to do," said Hutchins. He is also President of the Utah Adoption Council, but is speaking on behalf of himself and not the organization. Also, commenting on the laws in Utah and fraud, was Utah's Supreme Court Justice Christine Durham. She states " Utah risks becoming a magnet for those seeking to unfairly cut off opportunities for biological fathers to assert their rights to a connection with their children." The statement was part of a dissenting opinion in the O'Dea v. Olea case.

            Commissioner Tack did not rule against us on this matter, instead she pushed the case backed to the enjoined adoption AGAIN. This will combine both our case as well as the petition to adopt case. We will be seen in front of Judge Christiansen in 3^rd District court in an evidentiary hearing. This is the judge who enjoined the case back on May 9^th, stating that in this case, the results will be 1 of 2 things. Either the court will sanction fraud, and deny a biological father his son, or take this child from this potential adoptive couple who has bonded with him.

Throughout the past 9 months we have unraveled layers and layers of fraud on both part from Whitney Pettersson Rathjen and LDS Family Services. The most pertinent is that Whitney is STILL CURRENTLY married. Her husband has contacted us and is willing to testify to this fraud. He had to sign off under coercion and duress that Jackson was NOT his biological child and he was currently Whitney’s husband. Under Utah Law, if you are married the presumption is that the child is the husband’s. Yet, Whitney, LDS Family Services, social worker Pam Taylor, Whitney’s husband Kyle Rathjen and the prospective adoptive couple all KNEW that JAKE STRICKLAND was the biological father. LDS Family Services used the presumption law to avoid getting consent from Jake, the biological father, to place Jackson for adoption.  Even though, Whitney, through text messages, on December 23^rd 2010 CLEARLY STATES that she is NOT considering adoption for Jackson. These text messages as well as over 800 others, 9 months worth of pictures, numerous notarized letters attesting to Jake’s relationship with Whitney and their unborn son Jackson, money orders and receipts showing support, have been submitted to the court and will be used as evidence for the evidentiary hearing.

If the court does not return Jackson, what will be the scenario for this sweet adoptive couple when Jackson grows up and asks questions?  Such as, “Do you think my biological dad wanted me and loved me? Do you think my biological father ever thinks about me or wonders who I am or what I am doing?” Will their response be the truth? “Yes honey, He always wanted you and prepared for you. He was excited for you, and couldn’t wait to meet and hold you. But because your birth mother lied, deceived and committed fraudulent actions, we were able to take you home from the hospital, NOT HIM. When he found out and fought for you with everything he had, and the court upheld the fraudulent actions of your birth mother and the agency, we were able to keep you and create a family that we had always wanted. So the answer to your question is yes, your father always loved you and wanted you. He and his family are waiting to meet you when you turn 18. They will be waiting with open arms and will be able to share the text messages, pictures of your nursery which was completely stocked and waiting for you, and for the excitement when you will be reunited with your father, sister, cousins, and extended family.”

Or the other scenario, they will not tell him he is adopted and or about his birth father. Either way, it’s not right to do this to the adoptive couple. They did not ask to get a child at any cost. To ask them to create a family on a fraudulent foundation is wrong. The only ones who are benefiting from this are LDS Family Services and the attorneys. They are padding their pockets with the adoptive couple and Jake’s money and neither will have to answer to Jackson as to why he was denied his father and loving family.

We as citizens of the United States and of Utah, have the moral and ethical duty to stand up against a law that permits fraud and deception, which will eventually destroy a child, a biological father, and the prospective adoptive couple. Though it is a law, it doesn’t make it right.  Remember slavery was once legal in the United States as well, though it was not right. We need your voices to stop this injustice to bring Jackson home and change the adoption laws of Utah.

Please sign the petition, write your state representatives, contact the attorney general and voice your outrage to the media. Ultimately it will be all of us, which will help bring Jackson home and change this law.