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O'Dea v Olea


We hold that Mr. O’Dea did not preserve the issues concerning full faith and credit to compliance with Wyoming law, choice of law, personal jurisdiction, and facial constitutionality of sections of the Utah Adoption Act. We cannot find sufficient objections made on the record and Mr. O’Dea has not stated sufficient grounds for reviewing an issue not preserved in the district court. We also hold that the phone call made to Mr. O’Dea in which Ms. Olea stated “I am in Utah” gave him adequate inquiry notice that a qualifying circumstance existed. Because Mr. O’Dea knew or should have known the qualifying circumstance existed, he was required to comply strictly with Utah law in order to retain any right in relation to his child, including his right to consent to adoption or receive notice of any applicable hearing. Mr. O’Dea failed to comply, and we therefore affirm the district court’s Order Granting Motion to Dismiss Petitioner’s Claim for Lack of Standing.

2009 Jul 28


ODea072809.pdf (45435 Bytes)