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Utah Supreme Court hears argument on whether termination orders in district‑court adoptions are immediately appealable
Summary
At oral argument, lawyers for appellants said district‑court orders terminating parental rights should be treated as final and appealable like juvenile‑court termination orders; justices pressed whether the Adoption Act or case law provides an express statutory basis and whether the court should adopt a prospective rule.
At oral argument before the Utah Supreme Court, counsel for appellants argued that district‑court orders terminating parental rights in adoption proceedings are final and should be immediately appealable, while justices pressed whether the Adoption Act or prior case law provides an express statutory basis for that rule and whether any change should be applied prospectively.
The question matters, lawyers told the court, because treating a termination order as final allows an appeal to be taken immediately at the point the parent’s rights are terminated rather than waiting until an adoption decree is entered. Appellants said that practice reduces confusion for children, avoids later undoing of adoptions, and addresses practical barriers for indigent parents who may lose notice and access to filings after a termination order.
Alexander Marshall, counsel for one set of appellants, opened the argument by stating, “Termination orders are always final,” and urged the court to apply the same finality principles used in juvenile‑court termination orders to district‑court adoption proceedings. Marshall pointed to the Adoption Act’s structure and to this…
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