SALT LAKE CITY
By: Lori Prichard
— The president of the Utah Adoption Council resigned Tuesday amid controversy over claims the council is working to undermine the rights of birth fathers.
Wes Hutchins was to serve another month as president of the Ut ah Adoption Council (UAC) — a group consisting of adoption agencies, adoption attorneys, families, and birth mothers and fathers. Instead, he's founded a new nonprofit organization he says will work in the best interests of all parties in adoptions.
There was certainly friction in Tuesday's council meeting, as some representing adoption agencies accused Hutchins of having his own agenda. In turn, he pointed fingers at them for not acting ethically in administering adoptions.
"I'm a big proponent of adoptions, but I firmly believe they need to be done legally, constitutionally and ethically."
–Wes Hutchins, former UAC president
"I'm an adoption attorney. I've done over 1,080 adoptions, (and) finalized six adoptions on Friday of last week alone," Hutchins said, following the meeting. "I'm a big proponent of adoptions, but I firmly believe they need to be done legally, constitutionally and ethically."
Hutchins pointed to what he calls "egregious cases of fraud," namely: the case of Christopher Carlton, who was told by the birth mother that his child had died, and the case of Robert Manzanares, who was told by the birth mother she was traveling from Colorado to Utah to visit relatives when she was actually giving up their child.
These cases, and many like them, provide evidence, Hutchins said, that birth mothers should be held accountable.
"That's one of the changes that we need to make: that fraud is no longer accepted as a method of taking a child from one home, destroying a family, and placing (the child) in another home to create another family," he said.
That opinion conflicts with others who sit on the UAC.
"Wes has had a different vision of what's best for children in the state of Utah," said attorney David Hardy, also a former president of the UAC.
Hardy, whose clients include adoption agencies and adoptive parents, said Hutchins isn't as focused on what's best for the child.
"Wes has taken more of the approach of some of the rights of fathers. He's taken some real strong positions on fathers that are, in many ways, inconsistent with Utah code."
–David Hardy, former UAC president
"Wes has taken more of the approach of some of the rights of fathers," Hardy said. "He's taken some real strong positions on fathers that are, in many ways, inconsistent with Utah code."
"There's been a very choreographed effort to sweep birth fathers and others under the rug," Hutchins said.
And some of those birth fathers were present and vocal.
"I do have a voice, and it needs to be heard," said Jake Strickland, a father currently fighting for custody of his child.
"There's two sides to every story," added Bobby Nevares, a man in the same situation as Strickland, "but they didn't want to hear the father's side."
Hutchins said the council didn't really want to hear his side either and accused him of having an agenda.
"If you want to call that ‘an agenda,' then absolutely, call it an agenda. And that agenda is to see that we have a balanced approach in Utah to how we're doing adoptions," Hutchins said.
It's clear this father's right is a hot-button issue among the council. Today's meeting was certainly tense as each side traded accusations.
Fox13
SALT LAKE CITY—
Robert Manzanares lives in New Mexico. For the past four years he has traveled to Utah waging a legal battle to get his daughter back.SALT LAKE CITY—
Manzanares says he has taken a hit emotionally and financially with legal fees totaling more than $170,000. A recent Utah Supreme Court ruling is giving him a glimmer of hope.
Manzanares has been a part of his son's life since the day he was born, but he's a stranger to his 4-year-old daughter Kaia. Manzanares says his ex-girlfriend placed Kaia with an adoptive family without his consent.
“About 3 months into the pregnancy, she determined she needed to end the relationship with me. And that's when the conversation of adoption occurred,” said Manzanares.
Manzanares says he was against giving his daughter up and told his ex-girlfriend, Carie Terry. that he would take responsibility of raising the girl his own.
“She tried to get the Family Services in Colorado involved to try to work with us and try to get me to meet with them. I kept telling them, no, no, no,” said Manzanares.
Manzanares, who isn't LDS, claims her Mormon bishop encouraged them to give up their parental rights and place the child with a Mormon family.
Although the couple broke up, Manzanares said he continued to pay for child support and offered to take her to doctor appointments.
“Obviously, she cut me off,” Mazanares says.
He says that began the legal process.
“I filed for paternity action in Colorado along with an injunction to adoption because I had this fear that she was going to adopt this child either way in the state of Colorado,” Manzanares said.
While the two were waiting for a scheduled court hearing, Terry told Manzanares she was going to Utah to visit her sick father. But adoption records in Utah lay out a different story. Terry had the baby prematurely in Utah and finalized the adoption, giving the baby to her brother and his wife, leaving Robert unaware.
“She had given her consent to the adoption the same day of the Colorado hearing. Actually, it was parallel meetings that happened within minutes of each other,” he said.
Robert then launched a legal battle, both in Utah and Colorado. His attorney warned him it wouldn't be easy and that Utah laws make it tough for unwed fathers.
“A law on its face may have a good objective, but here it's taken a turn for the worse and here they're providing a safe harbor for mothers to flee to Utah to give birth to their child and not have the dad to consent to an adoption,” said adoption attorney John Hedrick.
Manzanares filed for paternity in Utah, but a district judge upheld the adoption. The Utah Supreme Court took the case and on Jan. 27 of this year, they reversed that decision sending it back to district court. It was a ruling favoring a biological father, the first time in Utah’s history and what some call groundbreaking.
Carrie Terry declined an interview with FOX 13, but released a statement that says in part:
Vilification of the circumstances and the people involved will not help the child, who most benefits most from adoption. It is my hope that in future legal proceedings and in the attention given to this case, the focus will be on what is best for the child and her needs.
Utah's adoption law is supposed to balance the interests of the state, mother, biological father, infant and adoptive parents. The rights of biological fathers are an issue being taken up at the Capitol during the current legislative session.