In re Adoption of B.C...

Summary

The Utah Supreme Court affirmed the termination of Father's parental rights to his four children to facilitate their adoption by Stepfather. Consistent with its recent companion precedent, the court held that termination under Utah Code subsection 81-13-205(5)(e) of the Utah Adoption Act is subject to the strictly necessary analysis, and it then reviewed the best interest determination only for whether it was against the clear weight of the evidence. The court upheld the determination because the district court tied adoption's greater permanence to the children's particularized need for stability—three of the children have special needs—and record evidence supported the forecast that Father's reentry after roughly a decade of absence would be disruptive. Associate Chief Justice Pohlman concurred in part, dissented in part, and concurred in the judgment, agreeing the best interest determination was not against the clear weight of the evidence but would have assumed without deciding that the strictly necessary requirement applies.