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Matter of Adoption of B.B. 2017 UT 59 (August 31, 2017)

Aug 31, 2017

In an interpretation of the Indian Child Welfare Act (ICWA), the Court rejected the application of state law for acknowledging or establishing paternity, and held that a federal standard applies. Specifically, the Court held that a standard of reasonability applies to the time and manner in which an unwed father may acknowledge or establish his paternity, as ICWA is silent both as to these requirements, and a reasonable standard is consistent with ICWA’s liberal administration.