Utah Court of Appeals hears novel dispute over when a district-court termination of parental rights is appealable

SALT LAKE CITY — The Utah Court of Appeals on Halloween heard argument in an appeal that asks whether a district court order terminating parental rights in an adoption case is immediately appealable or whether the parent must wait until a final adoption decree or obtain interlocutory certification under Rule 54(b).

Jason Richards, counsel identified in the record as representing the father, told the three-judge panel that the Adoption Act contemplates that "an order terminating parental rights" can be a "final and appealable order," and argued the statute should be read to allow an immediate appeal when parental rights have been terminated. Richards said treating the termination as immediately appealable is necessary because, after termination, a parent "is no longer entitled to notice" and may lose appointed counsel, which can leave the parent without an effective avenue to challenge the order if an adoption later fails to proceed.

Opposing counsel Mark Nelson, who identified himself as representing the adoptive mother and stepfather,…