Judge dismisses protective order in alleged baby-selling case

WEST JORDAN — Third District Juvenile Court Judge Jim Michie on Wednesday dismissed a protective order for an unborn baby, saying he had no jurisdiction in the situation because there is no child for him to protect under Utah law.

"I'm going to find the juvenile court lacks jurisdiction and does so until we have a child," Michie said.

Wesley Hutchins, the attorney for an Arizona foster couple, got the protective order last week for a child that is being carried by Alison Stuckey. The couple are foster parents to other children born to Alison Stuckey and her husband, Gary.

The petitioning couple said they had information that caused them to believe the Stuckeys were going to sell the baby in Utah for $6,000, according to court documents. This couple and the Stuckeys are from Mesa, Ariz.

The foster couple currently has custody of other children born to the Stuckeys, plans to adopt those children and are willing to adopt the child who is yet unborn. The foster mother said Alison Stuckey recently told her about the baby-selling plan and admitted that the Stuckeys sold another child in Utah to an unnamed attorney for $4,000 approximately three years ago, according to court documents.

If the new baby is sold outright, that would violate Utah law, Hutchins said. It also would be illegal if the Stuckeys accepted any financial compensation as an inducement to place the baby for adoption, Hutchins said.

"If a child is being sold in Utah, that is harm in and of itself," Hutchins said.

However, attorney Larry Jenkins, who represents the Sandy-based adoption agency, "An Act of Love," and who spoke for the Stuckeys at the hearing, said the Stuckeys denied they ever planned to sell the baby. Two employees from the adoption agency accompanied the Stuckeys to the hearing.

Jenkins said the baby is not due for several more weeks.

Jenkins also agreed with Michie that the juvenile court lacks authority in the situation.

"The definition of a child in the juvenile code talks about a 'person,' " Jenkins said. "I don't see anything in there about an unborn child."

Michie said if there is any risk to this child, which he acknowledged could exist, other petitions could be filed with the court once the child is born.

In addition, Michie said a warrant could be quickly signed by him or any Utah judge — and there are judges available 24 hours a day — that would allow the state to temporarily take custody of the baby.