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Utah Native American Law Questions & Answers
2 Answers | Asked in Native American Law, Family Law and Adoption for Utah on
Q: My son wants his stepfather to adopt him, but my son and I are Native American. Can we still file for ourselves in Utah?

My son and I are both members of a federally recognized tribe. We do not live on the reservation. I assume ICWA will apply, but as neither biological father or step father are Native American, I am sure my tribe would consent. Bio father has not contacted my son or paid child support in over 5... Read more »

Jason F. Barnes
Jason F. Barnes answered on Jul 8, 2021

Hello. ICWA is applicable and very complicated when it comes to adoption cases, and the forms on the court's website are for basic adoptions. Honestly, I am surprised that the court's website has adoption forms at all, as there are many varieties of adoption cases and overall they are... Read more »

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1 Answer | Asked in Child Custody, Child Support and Native American Law for Utah on
Q: I’m not on the birth certificate and I haven’t taken a paternity test and I don’t want to be apart of it what can I do ?

I don’t want to be apart of the child’s life

Paul Waldron
Paul Waldron answered on Apr 9, 2021

You are not required to spend any time with the child.

As for child support, unfortunately you can only wait for the other shoe to drop or deal with the issue definitively. If you want to simply deal with the issue, you can obtain a paternity test; there are various ways to make this...
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