Bolden v. Doe
Annotate this CaseIn order to object to an adoption under the Utah Adoption Act, unwed biological fathers must not just assert and establish paternity but must also file a sworn affidavit attesting that they are able and willing to support their child. Unmarried mothers are not required to provide similar assurances about how they will care for and support a child. William Bolden, the putative father of J.S., tried to intervene in and object to the adoption of J.S. The district court barred Bolden from intervening because he failed to preserve his legal rights as a father by timely filing a paternity affidavit. Bolden appealed, arguing that the affidavit requirement is unconstitutional because, among other things, it discriminates against unmarried fathers. The Supreme Court affirmed the denial of Bolden’s motion to intervene in the adoption proceedings, holding that the affidavit requirement does not violate Bolden’s due process or equal protection rights, as (1) Bolden failed to establish an infringement of a fundamental right of substantive due process; and (2) the state’s interests in protecting children by facilitating the adoption process are substantially advanced by the statutory affidavit requirement.
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