In re R.B.F.S.
Annotate this CaseMother and Stepfather filed a petition in the district court to terminate the parental rights of Father. At the same time, Stepfather filed an adoption petition in which he sought to adopt Father's children. The district court terminated Father's parental rights. The court of appeals reversed the district court's order and remanded, concluding that it was unclear whether the district court had jurisdiction to to terminate Father's parental rights. The Supreme Court granted certiorari and reversed the court of appeals' decision, holding (1) the court of appeals did not err when concluding that an adoption petition must be filed before a district court has jurisdiction to consider a petition to terminate parental rights; and (2) the court of appeals erred in concluding that, in the context of a stepparent adoption, a stepparent must satisfy the requirements contained in section 78B-6-135(7)(b) of the Utah Adoption Act before a district court is vested with authority to consider a petition to terminate parental rights. Remanded.
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