Utah justices modify paternity deadline

The Utah Supreme Court decided Tuesday that unwed fathers are entitled to an extension of the deadline for filing a paternity petition if the baby is born on a weekend or a holiday.

By law, an unmarried biological father must file the petition to preserve his paternal rights anytime before the child's birth or within 24 hours after the child is born.

After Nikolas Thurnwald's girlfriend became pregnant and moved out of their home, he continued to date her.

The couple had numerous discussions about how to best prepare for the birth of their child, court documents said. Thurnwald went to all but one of the woman's doctor appointments. He purchased a car seat, bassinet, crib and diapers in anticipation of the child's birth.

With her grandmother's encouragement, the couple also talked with LDS Family Services about adoption. But the mother-to-be — identified only as A.E. in court documents — told Thurnwald that she didn't want to give up the baby and he had nothing to worry about.

A.E. went into premature labor and had the child early on Saturday, Sept. 4, 2004. Thurnwald learned of the birth an hour after the baby was born. When he tried to visit the mother, she wouldn't see him, court documents said.

Thurnwald contacted a lawyer but was unable to file a paternity petition until Tuesday because the courts were closed Sunday and also Monday for Labor Day.

By Tuesday, the mother had waited the requisite 24 hours and relinquished custody of the child to LDS Family Services for adoption.

At a hearing on the paternity petition, the adoption was placed on hold. In July 2005, a state district court ruled against Thurnwald because he didn't meet the deadline for filing the paternity petition.

Thurnwald appealed to the Utah Supreme Court. He argued that a rule in Utah law allowing a legal deadline to be extended until the next business day if the deadline falls on a weekend or holiday should have applied in his case.

Attorneys for A.E. said the 24-hour waiting period can't be enlarged and the time for filing was set by the Legislature to require unmarried biological fathers to demonstrate a commitment to parenthood prior to a mother's relinquishment of the child.

In a 4-1 decision, the Supreme Court ruled in favor of Thurnwald, saying that when a child is born on a weekend or holiday the deadline should be extended to the next business day.

In a dissenting opinion, Associate Chief Justice Michael J. Wilkins said the Legislature had given unmarried fathers a limited but adequate time period to assert their parental rights.

"The period begins at conception and ends at the time the biological mother executes her consent to adoption," he wrote. "Those who elect to father a child without benefit of marriage must take steps to assert their legal relationship with the child, or they risk losing it altogether."

Messages left by The Associated Press seeking comment from attorneys for Thurnwald and A.E. were not immediately returned Tuesday.

It could not be immediately determined who has custody of the child.