House OKs measure on parental rights

The House of Representatives supported a measure Monday that would disallow parental rights of minor children to be awarded against the wishes of a non-biological or adoptive parent.

The body passed HB148, sponsored by Rep. LaVar Christensen, R-Draper, by a vote of 54-20. It will now move onto the state Senate for consideration.

HB148 would prevent courts from using an established legal doctrine called "in loco parentis" to award parental rights such as custody or visitation to other adults against the wishes of a biological parent. It also allows the parent to halt such arrangements at any time.

Once again Monday, Christensen faced questions about how his legislation would affect cases in which grandparents and step-parents are the primary parents of young Utah children. Many have expressed concerns the bill would allow parents who have delegated their parental authority to others to come back into their children's lives at a moment's notice, severing an important parent/child bond.

"I still have grave concerns about this bill, particularly as it comes to grandparents," said Rep. Carol Spackman Moss, D-Holladay, saying she'd received a number of letters from concerned constituents.

Moss said she was concerned that the bill was drafted to address one specific case — in which a Utah woman was granted visitation with her former lesbian partner's biological daughter — but could have much broader unintended consequences.

"I urge you to consider a lot of innocent folks who may be victimized and hurt" by the passage of HB148, she said Monday.

Currently, there is a four-pronged test that must be met in order to invoke in loco parentis. That legal test is sufficient to protect parental rights and the best interests of a child, which is left out of HB148, said Rep. Jackie Biskupski, D-Salt Lake.

"A biological parent should not be allowed to terminate a child's relationship with a psychological parent at will," she said. "In many cases, the bonds between the child and a nonbiological parent can be just as strong and just as tragic if destroyed."

Christensen maintains the measure is necessary to prevent the use of in loco parentis as a "floating justification" to award parenting rights, such as visitation, custody and child support, to a nonbiological parent.

"What the statute does do is close the door on some of these aberrations that are out there and turns all other statutes and public policies on their head," he said.