Court says Utah couple must give up 2-year-old
Biological parents will have to work out custody of the boy
The Supreme Court unanimously said a 3rd District Court judge applied the wrong law when he allowed Toni and Matt Worthington to have custody and deny visitation to Rachel Sullivan of Salt Lake City.
Sullivan was paid to become a surrogate mother and gave birth in July 2004. The father, Arturo Nuosci, of Las Vegas is serving a federal prison sentence for fraud.
"While the Worthingtons may have been proper temporary custodians ... the permanent award of custody of P.N. to legal strangers was impermissible," the court said.
The Worthingtons wanted to adopt the boy. Judge Bruce Lubeck didn't allow it but said it was in the child's best interest to stay with them. He also said they could keep the boy away from his biological parents.
The Supreme Court said that was wrong without "some specific finding of harm to the child."
Nuosci, a Canadian citizen living in Las Vegas, met Sullivan through a Web site and paid her $23,000 to have his child.
After the boy's birth, Nuosci was arrested for making a false application for a U.S. passport. Sullivan was contacted by Las Vegas authorities and brought the boy to Utah.
She, in turn, decided to place the baby with the Worthingtons but later changed her mind.
The case now returns to 3rd District Court to decide the boy's future like other custody disputes between biological parents.
The Supreme Court said it hopes Sullivan and Nuosci "will put aside their individual interests and focus instead on the needs of their small child, who has presumably enjoyed considerable affection, care and stability with the Worthingtons."
The justices encouraged the biological parents to "pursue a custody agreement in a cooperative manner and to include the Worthingtons in this process."
Recent comments
I briefly dated Arturo during a week moment in my life back in 1997...
Dave | Sept. 14, 2007 at 10:43 a.m.
- Nurse to stand try for attempted murder 6:44 p.m.
- Huntsman officially nominated 6:43 p.m.
- Taylorsville credit union robbed 6:22 p.m.
- Bikers ride to help disabled 6:18 p.m.
- Jackson memorial performers 5:32 p.m.
- 'Idol' judge DioGuardi gets married 5:29 p.m.
- 'Three's Company' actress gets DUI 5:28 p.m.
- Willis aims to rebuild Idaho lodge 5:26 p.m.
- Utah Co. commuter line progresses 5:25 p.m.
- Student sentenced in alcohol death 5:13 p.m.
- Plans stir up debate about lake
- Jazz draftees make debut
- Teachers struggle with district cuts
- Stadium of Fire lights up the 4th
- Millsap not franchise player
- Jazz talked Kirilenko for McGrady
- A.F. criticizes HAFB
- Beck making most of time off
- Hatch: BCS too arrogant to change
- Different sides of Steve McNair
- Don't listen to marriage cynics
126 - Palin resigning as governor
112 - Lack of Obama photos concerning
107 - Palin's and Romney's roles in 2012?
103 - Letters: Palin mistreated
101 - Teachers struggle with district cuts
96 - Jazz talked Kirilenko for McGrady
94 - 'Tea party' protesters unhappy
87 - Jazz plan to re-sign Millsap
82 - Y. gets verbal from cornerback
82
The night was balmy though buggy at SPOC, the Stansbury Park Observatory...
Yeah it a lot better to give some crazy marxist/communist nut with a MESSIAH...
If anyone says its a halfway house, I'll scream.
There is more than one Can of spammed HAM on this blog. I'm for Palin, and...
Irony so thick...
What happened to Luis Miguel Escalada?
What does the 10th admendment say? Your ignorance is showing.
That is one way to get rid of Chaffetz. Good riddance, I say.
I remember when the GSL ran along I-5. Legacy Highway today would have been...
As a support ridder you usually are infront of the team leader working for...
Star Wars:The Original Trilogy would rock in 3D! It is cool to see great...

